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21 December 2022 10:33 AM

PRESIDENT [52] GOVERNOR [153]

Article 53: • Union executive: Articles 52 -78 in Part 5 • State executive: Articles 153-167 in Part 6
Executive power of • Union executive [53] - President [head] , VP, PM, • State executive [154] consists of governor, chief
Union vested in CoM and Attorney general of india [76] minister, CoM and advocate general of state [165]
President to be • President : Head of state , 1st citizen , ceremonial • NO vice governor
exercised via position , Nominal executive , Head of State (but • Governor : Chief executive head / Nominal executive
subordinates not of executive) + agent of central govt
directly or
indirectly
Election • Election [54] Indirectly through an electoral college • Dual role - constitutional head + representative of
• Comprises : elected members of - Centre
104th AA 2019 not 1. both Houses of Parliament • 7th CAA 1956 - same governor for two or more states
extended further 2. legislative assemblies states
the nomination of 3. legislative assemblies of UTs of Delhi and Appointment [155]
Anglo Indians Puducherry [70 CAA 1992] • by president , warrant under his Hand and Seal
members to LS & • Constitution provides Uniformity in scale of • 1979 SC - office not an employment of central govt
SLA representation of different states as well as parity • independent constitutional office + is not under
between states as a whole and Union control of or subordinate to Central govt
Manner of Election [ 55 ]
• Proportional Representation by means of Single No direct elections because
Transferrable Vote; voting is via secret ballot 1. incompatible with parliamentary system
established in states.
2. more likely to create conflicts btw governor and
CM.
3. governor being only a constitutional (nominal)
head ---no point in making elaborate arrangements +
spending huge money.
4. election would be entirely on personal issues.
Hence, it is not in national interest 5. elected
governor would naturally belong to a party , would
not be a neutral person + impartial head.
Value of vote of MLA, will change from state to 6. create separatist tendencies and thus affect
state; political stability and unity of country.
Value of vote of MP always higher than that of MLA 7. system of presidential nomination enables Centre
Total value of vote of LS MPs higher than that of RS to maintain its control over states
MPs ( cos higher number) 8. creates a serious problem of leadership at time of
Value of Vote of all MPs same a general election in state.
• ensures absolute majority of votes 9.CM would like his nominee to contest for
• Must secure fixed quota of votes governorship. Hence, a 2nd rate man of ruling party
• Each and every MP/MLA will have a single vote but is elected
they can give preferences
Canadian model

MLA can be appointed as Gov

Why proportional representation

• Different states have different values according to
population
• Representation therefore in proportion to
population
• Ensure parity between states
 Election Dispute [71]
• SC - original and exclusive jurisdiction to decide on
matters of election dispute of President
(decision final)
• If election of President declared to be void-acts
done by him prior to such declaration will continue
to remain in force
• election cannot be invalidated on grounds of
electoral college being vacant at time of election

Indirect election supported on 2 grounds -

1. Direct election by large electorate of people --
very costly + time consuming [unwanted bcoz
only symbolic head ]
2. Real power is vested in CoM headed by PM ---
would be anomalous to elect president directly
without giving him real power
Qualification [58] • Citizen (natural born or naturalised)+ completed 35 [157]
yrs+ qualified for LS member + no office of profit Constitutionally = Citizen + completed 35 yrs
• Sitting P /VP/G/minister of U or S - qualified as Other:
presidential candidate 1. outsider
• Nomination subscribed by at least 50 electors 2. president consult CM of state
[proposers and seconders] + 15,000 security in RBI

Oath [60] [159]

CJI [ absence - senior most judge of SC] CJS

Conditions [59] [158]

1. Not member of either house of parliament / state
legislature .
2. Not hold any OOP
3. official residence , without rent
4. Emoluments and allowances determined by
parliament [cannot be diminished during term]
Privileges and • personal immunity from legal liability for his official
immunities acts.
• Term - immune - criminal proceedings, even for
personal acts.
• cannot be arrested /imprisoned.
• civil proceedings against him in respect of his
personal acts -after 2 months notice.
1. Not member of either house of parliament / state
legislature .
2. Not hold any OOP
3. official residence , without rent
4. Emoluments and allowances determined by
parliament [cannot be diminished during term]
5. Same person is appointed for 2 or more states,
emoluments and allowances payable are shared by
states in such proportion as determined by
president
Same

Term 5yrs
Hold office until his successor assumes charge Term - 5yrs [pleasure of president] [156]
Resignation to vice president No security of tenure and No fixed term of office.
Eligible for re-election [n times] He may be removed by President at any time. [NO
grounds for removal mentioned in Constitution]
President may transfer a Governor appointed to one
state to another state for rest of term.
May be reappointed in same state or any other
state.
 Hold office till successor assume charge.
Resignation to president
Impeachment • On grounds of violation of constitution (undefined). No provision
[61]
• Quasi-judicial process
• Initiated by either house + charges signed by
1/4th members of house and a 14 day notice given
to president
• Resolution passed by 2/3rd majority of Total memb
ership of that house -- sent to other house which
should investigate charges
[President has right to appear during investigation
through his own legal expert or Attorney general]
• If passed, with 2/3rdof total membership in
2ndhouse, President stands impeached

Participant - elected and nominated members of

both Houses of Parliament
NOTE- Constitution has laid down procedure
for president impeachment
Comparison with USA
Vacancy • Expiry of term / resignation / impeachment/death / Absence of governor -- Chief justice of HC discharge
disqualification to hold office or election declared functions.
void
• Elections are held before expiration of term
• Delay - outgoing P continue to hold office [to
prevent an ‘interregnum’]
• Resignation , removal , death -- elections to be held
within 6 months --- VP act [65] , if VP absent then
CJI --- CJI absent then senior most judge of SC
[ enjoy all powers , immunities]
Powers and functions
Executive • Executive actions of GOI in his name. [77] • Actions of state [166]
• make rules for more convenient transaction of • make rules for more convenient transaction of
business of union govt business of state govt
• appoints • Appoints
1. PM and other ministers. 1. CM and other ministers
2. AGI and determines his remuneration. 2. Tribal minister [ chhatisgarh , jharkhand ,
3. CAG * MP,odhisa ][ bihar excluded 94th AA 2006]
4. CEC and other election commissioners * 3. AGS and determines his remuneration [office
5. chairman and members of UPSC under governor pleasure]
6. governors of states, chief commissioner of UTs 4. SEC and other election commissioners -
7. chairman and members of FC removed in manner of HC judge
8. commission to investigate into the conditions 5. chairman and members of SPSC - [removed only
of SCs, STs and OBC by president]
9. Chief justice and judges of SC , HC * • Recommend imposition of constitutional emergency
10. inter-state council to promote Centre–state in a state to president. President’s rule - governor
and inter state cooperation enjoys extensive executive powers as an agent
• Members of • Acts as chancellor of universities, appoints VC of
1. Finance commission universities.
2. Language commission • Seek information relating to administration of affairs
3. Backward , minorities commission of Union and proposals from legislation from CM
• seek information relating to administration of
affairs of Union and proposals from legislation from
PM
 • directly administers UTs through administrators
appointed by him.
• declare any area as scheduled area and has powers
with respect to administration of scheduled areas
and tribal areas.

*Can be removed via impeachment

Legislative • Summon/prorogue parliament , dissolve LS , • Summon/prorogue / dissolve assembly
summon joint sitting (presided by speaker) • Address SLA at commencement of 1st session [each
• Address P at commencement of 1st session [each yr / general election]
yr / general election] • Send msg to houses wrt bill pending
• Send msg to houses wrt bill pending • Appoint any member of SLA to preside over when
• Appoint any member of LS to preside over when office of speaker , DS fall vacant [same for SLC]
office of speaker , DS fall vacant [same for RS] • Nominates 1/6th of members to SLC
• Nominate 12 members RS having special • decides question of disqualification of members,
knowledge consulting ECI (NOT SEC)(BIND)
• decides question of disqualification of MPs • Veto powers wrt bill
consulting ECI (BINDING) • Ordinance making power [213]
• Previous sanction required for - • Lay report of CAG , SPSC , SFC before SLA
1. Bill for formation of new state , alter
boundaries
2. 31A matter bill
3. Money bill
4. Money from consolidated fund of india
5. Bill affecting taxation in which state are
interested
6. State bill imposing restriction on freedom of
speech [304]
• Veto powers wrt bills
• Ordinance making power
• Lay report of CAG , UPSC , FC before parliament
• make regulations for peace, good government of
Andaman and Nicobar Islands, Lakshadweep, Dadra
and Nagar Haveli and Daman and Diu.
Puducherry - President can legislate by making
regulations but only when assembly is suspended
or dissolved.
Financial • Money bill introduced only with president prior • Money bill introduced only with governors prior
recommendation recommendation
• Lay before parliament annual financial statement • See that annual financial statement is laid before SLA
• NO demand for grant can be made • NO demand for grant can be made
except on his recommendation except on his recommendation
• make advances out of contingency fund of India to • Make advances out of contingency fund of state
meet any unforeseen expenditure. • constitutes FC for municipalities and PRI
• constitutes FC every 5 yr
Judicial • Appoints CJI , judges of SC , HC • Pardoning powers
• seek advice from SC on any question of law or fact. • Consulted by president while appointing judges of
[not binding ] [164] state HC [217]
• Pardoning powers • Make appointments , posting , promotions of district
judges in consultation with SHC [233]
• Appoint person to judicial service in consultation with
SHC and SPSC [234]
Only president
Diplomatic • International treaties , agreements negotiated and concluded on his behalf [Subject to approval of Parliament]
• Represent India on international forums
Military • supreme commander of defence forces
• Appoints chiefs
• Declare war or conclude peace subjected to parliament approval
Emergency 1. National (352)
• Entire country or any part on grounds of
a. War
b. External aggression
c. Armed rebellion
• Extraordinary powers:
a. Modify pattern of distribution of financial resourcres between Union & states.
b. Can suspend FRs except 20 & 21
2. President’s Rule / State emergency / Constitutional emergency.
• Failure of constitutional machinery in states (Article 356)
• Failure to comply with or to give effect to directions given by Union (Article 365)
3. Financial (360)

Veto Article 111 Article 200

1. give assent 1. give assent
2. withhold 2. withhold
3. return (if not money bill) for reconsideration 3. return (if not money bill) for reconsideration
If passed again give assent If passed again governor must give assent [suspensive
veto] OR
• To prevent hasty , ill considered legislation by reserve bill for consideration of President.
parliament
• Prevent unconstitutional legislation [Obligatory when state legislature endangers position
1. Absolute veto - withholding of assent , bill of state HC ]
ends .
Exercised in 2 cases : Also reserve bill if it
○ Wrt Private member bill (i) Ultra-vires - against Constitution.
○ Wrt Govt bill when cabinet resign , new (ii) Opposed to DPSP
cabinet dont pass it (iii) Against larger interest of country.
Eg - PEPSU appropriation bill (iv) Of grave national importance.
S,A and P of MPs (amend) Bill (v) Dealing with compulsory acquisition of property
2. Qualified veto - can be overridden by [Article 31A]
legislature with a higher majority.
3. Suspensive veto- when he returns a bill for President 3 alternatives (Under 201)
reconsideration of Parliament. A. give assent
Passed 2nd time - obligatory assent B. withhold
Can be over ridden by legislature with an C. direct governor to return bill (if not money bill)
ordinary majority. for reconsideration [ no time limit for
[NOT in case of money bill - asset given or return/decision taken]
withhold , but NOT returned] When returned - house have to reconsider within
4. Pocket veto - taking no action for indefinite 6 months
period • If passed again ,President not bound to give assent
[ exception - 24th CAA 1971 obligatory to give • May give assent or withhold
assent to a constitutional amendment bill] [state legislature cannot override suspensive veto
[India - NO qualified veto] power of President]
Ordinance power [123] [213]
• promulgate ordinances during recess of • promulgate : only when LA (unicameral legislature) is
Parliament. not in session or (bicameral) when both Houses of
[temporary laws] only on advice of CoM are not in session/ either of 2 Houses not in session.
[ NO discretionary power]
4 limitations
1. Only when both Houses of P are not in session /
either Houses of P is not in session. [NOT Cannot make an ordinance without instructions from
 parallel to power of legislature] President in 3 cases:
2. Only on his satisfaction that he need (a) If a bill containing same provisions would have
to take immediate action required previous sanction of President for its
(Cooper case 1970- satisfaction can be Q on introduction into state legislature.
malafide) [44 AA 1978] (b) If he would have deemed it necessary to reserve
3. co-extensive as regards all matters except for a bill containing the same provisions for the
time duration with law making powers of P . consideration of the President.
2 implications : (c) If an act of the state legislature containing the
a. issued only on subjects on which P can make same provisions would have been invalid without
laws. receiving the President’s assent.
b. subject to same constitutional limitation as an
act of P. [cannot abridge / take away any FRs ]
4. Every ordinance issued to be laid before houses
when it reassembles .
• Approved --- act
• no action till 6 weeks of reassembly-- ceases to
operate
• Before 6 weeks -Disapproval resolution [both
houses ]
Dr. B.R. Ambedkar - • Max life : 6 months and 6 weeks [Incase of non May cease to operate even earlier than prescribed
mechanism devised approval by P ] six weeks, If a resolution disap proving it is passed by
to enable Executive • If an ordinance is allowed to lapse without being legislative assembly and is agreed to by legislative
to deal with a placed before Parliament, then acts done and council (Bicameral legislature).
situation that may completed under it, before it ceases to operate,
suddenly and remain fully valid and effective.
immediately arise
when Parliament is • President can withdraw it anytime
not in session • Power of making - NOT discretionary
[ promulgate / withdraw only on advice of CoM
headed by PM]
• can be retrospective
• modify / repeal any act of Parliament or another
ordinance + alter / amend a tax law also.
• CANNOT amend Constitution.
• Rule 12 of business and transaction rules- PM
can seek re promulgation of ordinance by
president Prior to cabinet clearance
• Rules of LS - bill seeking to replace ordinance is
introduced in House, a statement explaining
circumstances that had necessitated immediate
legislation by ordinance should also be placed
before House
• NO case gone in SC for President ordinance maki
ng power
Pardoning power 72 161
• Executive power + independent of judiciary Pardon :
• In all cases where 1. Any offence against State Laws
a. punishment /sentence is by a court martial 2. NO power over court martial
b. offence against a Union law 3. cannot pardon of death sentence
c. death sentence
• Doesn't sit as court of appeal powers override restrictions imposed under section
1. to keep door open for correcting any judicial 433 A of CPC [convict cannot be released prematurely
errors in operation of law before completing at least 14 years in jail ]
Mercy petition- filed 2. to afford relief from a sentence, which
under Art 72 with President regards as unduly harsh.
President
 [Can be filed with • Pardon - [abrogates or revokes ] removes both
BOTH Prez and sentence + conviction + completely absolves
Governor] convict from all sentences, punishments and
• Ranga Billa case- disqualifications.
Matter of discretion • Commutation -substitution of one form of
of authority to punishment for a lighter form.
which it has filed, • Remission- reducing period of sentence without
not as matter of changing its character.
right of applicant • Respite - awarding a lesser sentence in place of
• A convict who is one originally awarded due to some special fact
under sentence of • Reprieve - stay of execution of a sentence (for a
death is allowed to temporary period)
file a mercy petition
within a specific Difference from governor-
period of 7 days i. can pardon sentences inflicted by court
after date on which martial (military courts)
Superintendent of ii. Can pardon death sentence
Jail informs him • no right to an oral hearing
about rejection of • NO Judicial review except
appeal / special arbitrary, irrational, mala fide, discriminatory
leave to appeal by • act on advice of CoM [ Maru Ram vs Union of
SC India in 1980 ]
• Limitation: cannot exercise his power of pardon
independent of govt.
Discretions NO constitutional discretion Constitution - if any Q arises whether a matter falls
ONLY Situational [act without advice of ministers ] within governor’s discretion or not, decision of
1. Appoint PM when no party has clear governor is final and validity of anything done by him
majority/ sudden death with no obvious cannot be called in Q on ground that he ought or
successor ought not to have acted in his discretion.
2. Dismiss CoM when it cannot prove Majority in Constitutional Discretion
LS 1. Reservation of a bill for consideration of President
3. Dissolution of LS if CoM lost its Majority [201]
2. Recommendation for imposition of President’s
Rule
3. While exercising his functions as administrator of
an adjoining union territory (additional charge)
4. Determining amount payable by Govt of Assam,
Meghalaya, Tripura and Mizoram to autonomous
Tribal District Council as royalty accruing from
licenses for mineral exploration [6th schedule]
5. Seeking information from CM with regard to
administrative and legislative matters of state.
Situational Discretion (Hidden discretion)
Same as president for state
• Executive power of Union/state shall be vested in constitutional position - governor differs from
President and shall be exercised by him either president
directly or through officers subordinate to him in 1. Constitution envisages possibility of governor acting
accordance with this Constitution (53 / 154). at times in his discretion, no such possibility for
• There shall be CoM with PM/CM at head to aid President.
and advise President who ‘shall’, in exercise of his 2. 42nd CAA (1976), ministerial advice made binding
functions, act in accordance with such advice (74 on President, but no such provision with respect to
/163). governor.
• CoM shall be collectively responsible to LS /SLA
(75 / 164) + foundation of parliamentary system
of govt.
Governor
• Special responsibilities to discharge according to directions issued by President
• To consult CoM , acts finally on his discretion -
i. Maharashtra—Establishment of separate development boards for Vidarbha and Marathwada.
ii. Gujarat— separate development boards for Saurashtra and Kutch.
iii. Nagaland— law and order [ internal disturbance in Naga Hills–Tuensang Area ]
iv. Assam—administration of tribal areas.
v. Manipur— administration of hill areas
vi. Sikkim—For peace + social and economic advancement of different sections
vii. Arunachal Pradesh—law and order
viii. Karnataka – separate development board for Hyderabad-Karnataka region
1. 1952 Dr. Rajendra Prasad - office for 2 terms 9. 1992 Dr. Shankar Dayal Sharma
2. 1962 Dr. S. Radhakrishnan 10. 1997 K.R. Narayanan
3. 1967 Dr. Zakir Hussain [died] 11. 2002 Dr. A.P.J. Abdul Kalam
4. 1969 V.V. Giri 420077 12. 2007 Ms. Pratibha Patil
5. 1974 Fakhruddin Ali Ahmed [died] 13. 2012 Pranab Mukherjee
6. 1977 N. Sanjeeva Reddy 14. 2017 ram nath kovind
7. 1982 Giani Zail Singh 15. 2022 Draupadi Murmu
8. 1987 R. Venkataraman

VICE PRESIDENT
• 2nd highest office + Article 63 + american model
Election:
• 66+ indirect by members of electoral college [ elected and nominated members of both houses of Parliament
• NO members of state legislative assemblies
[ Ambedkar - President - head of state , power extends both to administration by Centre as well as to states. necessary that
members of Parliament + state legislatures have a voice in election. Vice-President - normal functions - preside over council of
states. rarely /temporary assume president duties ]
• system of proportional representation by means of single transferable vote + voting by secret ballot.
• Election disputes decided by SC [ final decision]
• Original constitution>>election @ JOINT SITTING [ removed by 11th CAA, 1961]
Qualifications:
• citizen + completed 35 yrs + qualified for member of RS + no OOP
• Sitting P /VP/G/minister of U or S - not deemed to hold OOP -- qualified
• subscribed by 20 electors [proposers and seconders ]
Oath by president [69]
Conditions:
1. Not member of either house of parliament / state legislature .
2. Not hold any OOP
• Term - 5yrs [article 67]
• Resignation : president
• Re-election possible [n times]
• Formal Impeachment NOT required for his removal
• Resolution passed by RS by Absolute majority [Majority of total members of house) + Agreed by LS + 14 day notice given
• NO grounds mentioned for his removal in constitution, But prescribed procedure in Art 67(2)
Vacancy:
• Expiry of term / resignation / removal /death / disqualification to hold office or election declared void
• Elections are held before expiration of term
• Constitution silent on who performs VP’s Duty>>if vacany occurs in office
• Bye election (if seat becomes vacant)>> AS SOON AS possible (NOT 6 months)
Powers and Functions:
1. acts as ex-officio Chairman of RS.
2. acts as President when a vacancy occurs due to his resignation /impeachment /death / illness /otherwise . [max period - 6
months]
that time RS performed by deputy chairman
• Dual Role:
1. As Vice President [Part of Union Executive]
2. As Chairman of RS [Part of Parliament]
• No function attached [ only act as chairman ] [64 and 89]
• Constitution - not fixed emoluments . draws salary as Chairman of RS
• Dr S Radhakrishnan was elected for a 2nd term.
• Krishna Kant was first VP to die in office.
• Casting vote as chairman

PM CM
head of govt / real executive authority head of govt /
Appointment • Art 75- PM shall be appointed by President • Art 164- PM shall be appointed by governor
• leader of majority party in LS
• No clear majority - president exercise personal
discretion
• To seek vote of confidence in a month
[appointing leader of majority party is NOT mentioned
in constitution >>convention of parliamentary system]
• SC : H.D.Deve Gowda Case 1997 - person not a
member of either House of Parliament can be
appointed as PM for 6 months, within which, he
should become a member of either House of
Parliament.
• Constitutionally member of any house
Oath of secrecy By president By governor
Term Not fixed [pleasure of president] [if loses confidence of Not fixed [pleasure of governor] [if loses
LS, must resign /President can dismiss him] confidence of LS, must resign /governor can
By parliament dismiss him]
Salary State legislature
Powers 1. recommends persons who can be appointed as Same wrt governor
In Relation to CoM ministers by president.
2. allocates and reshuffles various portfolios among
ministers.
3. can ask a minister to resign / advise President to
dismiss him in case of difference of opinion.
4. presides over meeting of CoM + influences its
decisions.
5. guides, directs, controls, and coordinates activities of
all ministers.
6. can bring about collapse of CoM by resigning from
office

In Relation to 1. principal channel of communication btw President Same wrt governor [167]
President [78] and CoM. Duty -
• to communicate to President all decisions of
CoM relating to administration of affairs of Union
and proposals for legislation
• to furnish such info relating to administration of
affairs of Union and proposals for legislation as
 President may call for
• if President so requires, to submit for
consideration of CoMs any matter on which a
decision has been taken by a minister but which
has not been considered by council.
2. advises president with regard to appointment of
important officials

• leader - Lower House.

1. advises President with regard to summoning ,
proroguing of sessions of Parliament.
In Relation to 2. recommend dissolution of LS to President at any time. Same wrt governor
Parliament 3. announces government policies on floor

1. Chairman-
a. NITI Aayog
b. National Integration Council
c. Inter State Council
d. National Water Resources Council 1. chairman - State Planning Board.
Other Powers & 2. significant role in shaping foreign policy 2. vice-chairman of concerned zonal council by
Functions 3. chief spokesman of Union govt. rotation [1yr]
4. crisis manager-in-chief at political level during 3. member of Inter-State Council , Governing
emergencies. Council of NITI Aayog [headed by PM]
5. leader of party in power. 4. chief spokesman of state govt.
6. political head of services. 5. crisis manager-in-chief at political level during
emergencies.
6. political head of services

*HM -chairman of all zonal councils

• 6 people—Morarji Desai, Charan Singh, V.P. Singh, P.V.
Narasimha Rao, H.D. Deve Gowda and Narendra
Modi—became PM after being CM
• Manmohan singh never won LS election

Central Council of Ministers State Council of Ministers

74—CoMs to aid and advise President
1. There shall be CoM with PM at head to aid and advise
President who shall, in exercise of his functions, act in
accordance with such advice. [42nd AA 1976]
However, President may require CoM to reconsider such
advice and President shall act in accordance with advice
tendered after such reconsideration. [ 44th AA 1978]
[binding]
2. advice tendered shall not be inquired into in any court.
163 CoMs to aid and advise Governor
1. except in so far as he is required to exercise his functions in
his discretion
If Q arises of Governor's discretion or not, decision of
Governor is final and validity of anything done by Governor
shall not be called in Q on ground that he ought or ought not
to have acted in his discretion.
2. Same

75–Other Provisions as to Ministers 164 Other Provisions as to Ministers

1. PM shall be appointed by President and other Ministers shall 1. CM appointed by Governor & other ministers by governor on
be appointed by President on advice of PM advice of CM
2. Total no. of ministers, including PM, in CoM shall not exceed
2. Chhattisgarh, Jharkhand, MP and Odisha - Minister in charge
15% of total strength of LS. [ 91st AA 2003]
of tribal welfare[ Bihar excluded - 94 AA 2006]
3. Member of either house of Parliament belonging to any
3. Total number of ministers, including CM , in Council of
political party who is disqualified on ground of defection shall
Ministers shall not exceed 15% of total strength of LS [91
also be disqualified to be appointed as a minister. [91st AA
CAA ,2003 ]
2003]
But no. of ministers , including CM not less than 12 [91
4. Ministers shall hold office during pleasure of President.
CAA ,2003 ]
 CAA ,2003 ]
5. CoM shall be collectively responsible to LS.
6. President shall administer oaths of office and secrecy to a 4. Disqualified on defection - disqualified to be appointed as a
minister. minister. [91 CAA ,2003]
7. Minister who is not a member of Parliament for any period of 5. Ministers shall hold office during pleasure of Governor
6 consecutive months shall cease to be a minister. 6. Oath: Governor
8. Salaries and allowances - determined by Parliament. 7. Salaries: State legislature
Article 77–Conduct of Business of Govt
1. All executive action of GOI shall be expressed to be taken in Article 166: Conduct of Business of Government of State
name of the President.
2. Orders and other instruments made and executed in name of
the President shall be authenticated in such manner as may
be specified in rules to be made by President. Further, validity
of an order or instrument which is so authenticated shall not
be called in question on ground that it is not an order or
instrument made or executed by President.
3. President shall make rules for more convenient transaction of
business + for allocation among Ministers of said business.
Article 78–Duties of PM
Article 88–Rights of Ministers as Respects Houses
Article 167-Duties of CM
Every minister shall have right to speak and take part in
Article 177-Rights of Ministers as Respects the Houses
proceedings of either House, any joint sitting ,Committee of
Parliament of which he may be named a member + not entitled to
vote.

Responsibility as ministers
1. Collective : article 75 -CoM shall be collectively responsible to
LS + cabinet decision bind all ministers
2. Individual : article 75 -ministers hold office during pleasure of 1. Collective responsibility [164]
president 2. Individual responsibility [164]
President can remove a minister even at a time when CoM 3. NO provision for ‘legal responsibility’ [not required that order
enjoys confidence of LS + only on PM advice of governor for public act should be countersigned by a
3. No legal responsibility - not required that an order of minister.
President for a public act should be countersigned by a Courts - barred from enquiring into nature of advice rendered
minister + courts are barred from enquiring into nature of by ministers to governor]
advice rendered by ministers to president.

Council of ministers- Constitution does not specify size of state council of ministers
1. Cabinet ministers: head important ministries of Central govt or ranking of ministers. Determined by CM according to
2. Ministers of state: either be given independent charge of requirements of situation
ministries/depts or can be attached to cabinet ministers. 3 Categories
• Attachment- under supervision of cabinet ministers. 1. Cabinet ministers
• not members of cabinet + do not attend cabinet meetings 2. Ministers of state
unless specially invited 3. Deputy ministers
3. Deputy ministers: NOT given independent charge of
ministries/depts. attached to cabinet ministers / ministers of
state
4. Parliamentary secretaries - members of last category of CABINET COMMITTEES : Set up by CM
council of ministers ( ‘ministry’) + no department under
control + attached to senior ministers and assist them in
discharge of their parliamentary duties.

Council of ministers Cabinet

wider , 60-70 ministers Smaller , 15-20
3 categories- cabinet ministers, ministers of state, and deputy Cabinet only [part of CoM]
ministers
 Not meet as body , no collective functions meet as body frequently, collective functions
vested with all powers but in theory exercises, in practice, powers of CoM
functions are determined by cabinet. directs CoM by taking policy decisions which are binding on all
ministers
implements decisions taken by cabinet. supervises implementation of its decisions by CoM
Constitutional body , article 74 ,75 Inserted in Article 352 [44 CAA 1978]
Size determined by PM [3 Tier body] Not mentioned in Constitution
Got Legislative sanction Cabinet- based on convention of parliamentary govt
collectively responsible to LS enforces collective responsibility of CoM to LS
Role of cabinet
1. Highest decision making authority
2. Chief policy formulating body
3. Supreme executive authority
4. Chief coordinator of central administration
5. Advisory body to president [binding]
6. Chief crisis manager
7. Exercises control over higher appointments
8. Deals with all major legislative & financial matters.
9. Deals with all foreign policies , foreign affairs , major legislative and financial matters
• Inner / kitchen cabinet [ extra constitutional body]

CABINET COMMITTEES
Features -
1. Extra-Constitutional: Not in constitution, But in Transaction of Business Rules
2. 2 Types - Standing [permanent] and Ad-hoc [temporary - to deal with special problems]
3. Set up by PM
4. Membership: from 3 to 8 [Usually cabinet ministers, But can also have non cabinet ministers]
5. Mostly headed by PM , sometimes HM/FM
6. Sort out issues , formulate proposals for consideration of Cabinet , take decisions. [Cabinet can review their decision]
7. Organisational device to reduce workload of Cabinet. [ Based on principles of division of labour and effective delegation]
• 8 Cabinet Committees are functional:
1. Political Affairs [Super cabinet] -- all policy matters pertaining Domestic and foreign affairs [PM]
2. Economic Affairs [PM]
3. Cabinet
4. Security
5. Parliamentary Affairs [chaired by HM]
6. Accommodation
7. Investment and Growth
8. Employment and Skill Development
• PM not part of Accommodation , Parliamentary Affairs
• PM heads appointment committee
• Abolition of GOMS and EGOMS [may 31 , 2014]
• Second ARC - headed by Veerappa Moily