Qualification, Power, and Functions of

President
Who is President of India?
The Indian President is the head of the state. He is the first citizen of
India and is a symbol of solidarity, unity, and integrity of the
nation. He is a part of Union Executive along with the Vice-
President, Prime Minister, Council of Ministers, and Attorney-
General of India.
What is the term of the President’s office?
Once President is elected, he holds office for five years. He sits in the
office even after the completion of five years given no new election
has taken place or no new President has been elected till then. He can
also be re-elected and there is no cap on his re-election.
What are the qualifications of the President?
A candidate has to meet some qualifications to be elected as the
president. Those qualifications of the President are:
1. He should be an Indian Citizen
2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of
the Lok Sabha
4. He should not hold any office of profit under the central
government, state government, or any public authority
What are the powers and functions of the President of India?
Executive Powers of President
1. For every executive action that the Indian government takes, is
to be taken in his name
2. He may/may not make rules to simplify the transaction of
business of the central government
 3. He appoints the attorney general of India and determines his
remuneration
4. He appoints the following people:
1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner and other Election
Commissioners
3. Chairman and members of the Union Public Service
Commission
4. State Governors
5. Finance Commission of India chairman and members
5. He seeks administrative information from the Union
government
6. He requires PM to submit, for consideration of the council of
ministers, any matter on which a decision has been taken by a
minister but, which has not been considered by the council
7. He appoints National Commissions of:
1. Scheduled Castes (Read about National Commission for
Scheduled Castes in the linked article.)
2. Scheduled Tribes Read about (National Commission for
Scheduled Tribes in the linked article.)
3. Other Backward Classes (Read about National
Commission for Backward Classes in the linked article.)
8. He appoints inter-state council
9. He appoints administrators of union territories
10. He can declare any area as a scheduled area and has
powers with respect to the administration of scheduled areas and
tribal areas
Legislative Powers of President
1. He summons or prorogues Parliament and dissolve the Lok
Sabha
 2. He summons a joint sitting of Lok Sabha and Rajya Sabha in
case of deadlock
3. He addresses the Indian Parliament at the commencement of the
first session after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and
chairman/deputy chairman of Rajya Sabha when the seats fall
vacant (to know the difference between Lok Sabha and Rajya
Sabha check the linked article.)
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the
Anglo-Indian Community
7. He consults the Election Commission of India on questions of
disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of
bills (to read on how a bill is passed in the Indian Parliament,
check the linked article.)
9. He promulgates ordinances
10. He lays the following reports before the Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.
Financial Powers of President
1. To introduce the money bill, his prior recommendation is a must
2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-
requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years
Judicial Powers of President
 1. Appointment of Chief Justice and Supreme Court/High Court
Judges are on him
2. He takes advice from the Supreme Court, however, the advice is
not binding on him
3. He has pardoning power: Under article 72, he has been
conferred with power to grant pardon against punishment for an
offence against union law, punishment by a martial court, or
death sentence.
Diplomatic Powers of President
1. International Treaties and agreements that are approved by the
Parliament are negotiated and concluded in his name
2. He is the representative of India in international forums and
affairs
Military Powers of President
He is the commander of the defence forces of India. He appoints:
1. Chief of the Army
2. Chief of the Navy
3. Chief of the Air Force
Emergency Powers of President
He deals with three types of emergencies given in the Indian
Constitution:
1. National Emergency (Article 352)
2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)
Vice –President
How the Vice President is elected in India?
There is no direct election for the Vice-President of India however,
he/she is indirectly elected by an Electoral College. The election
process is quite similar to that of the President of India but the
electoral college that elects President is different from the electoral
college responsible for the election of Vice-President of India.
The difference between the electoral college that elects President and
the one electing Vice-President of India is given below:
1. In electoral college for Vice President, both elected and
nominated members of both the Houses of Parliament take part.
In presidential elections, nominated members are not a part of
the electoral college.
2. For Vice President’s elections, states have no role to play unlike
in President’s elections where state legislative assemblies’
elected members are a part of the electoral college.
Who is qualified to become Vice President of India?
An Indian Citizen who has completed 35 years of age is qualified to
become the Vice-President of India given, he is also qualified to be a
Rajya Sabha member. However, he should not be a member of either
Lok Sabha or Rajya Sabha and if he is elected as Vice President when
he has a seat in either of the house, he is deemed to have vacated that
seat on his first day in the office. He also is not allowed to hold any
office of profit under union government, state government, public
authority and local authority.
Note: The following people are also qualified to become the Vice
President of India:
Sitting President of India
Sitting Vice President of India
Governor of State
MPs/MLAs
Powers and Functions of Vice President
The functions of Vice-President are two-fold:
1. He acts as the ex-officio Chairman of Rajya Sabha. In this
capacity, his powers and functions are similar to those of the
Speaker of Lok Sabha. In this respect, he resembles the
American vice-president, who also acts as the Chairman of the
Senate – the Upper House of the American legislature.
2. He acts as President when a vacancy occurs in the office of the
President due to his resignation, removal, death or otherwise. He
can act as President only for a maximum period of six months,
within which a new President has to be elected. Further, when
the sitting President is unable to discharge his functions due to
absence, illness or any other cause, the Vice-President
discharges his functions until the President resumes his office.
3. The election of a person as Vice-President cannot be challenged
on the ground that the electoral college was incomplete (i.e.,
existence of any vacancy among the members of the electoral
college).
4. If the election of a person as Vice-President is declared void by
the Supreme Court, acts done by him before the date of such
declaration of the Supreme Court are not invalidated (i.e., they
continue to remain in force).
Union Council of Ministers
The Council of Ministers is a body consisting of the Prime Minister
and other ministers appointed by the President. The Council of
Ministers aids and advises the President in the exercise of his
functions. The Prime Minister is the head of the Council of Ministers.
The other ministers are appointed by the President on the advice of
the Prime Minister. The Council of Ministers is collectively
responsible to the Lok Sabha. The Council of Ministers plays a vital
role in the decision-making process of the government. They
formulate policies, implement programs, and manage various
ministries and departments.
Classification of Council of Ministers
Council of Ministers includes-
o Cabinet ministers.
o Minister of State.
o Deputy ministers.
Cabinet Ministers
o The strength of cabinet ministers is 15 to 20. The current cabinet
minister's strength in India is 31, including the Prime Minister.
o It is the core of the Council of Ministers.
o The term cabinet is mentioned in Article 352 of the 44th
Constitutional Amendment Act 1978.
o The cabinet is the highest decision-making body regarding
policies.
Ministers of state
o They are of two types: Independent charge and attached office.
 o Ministers of state attend Cabinet meetings only when they are
invited.
o The attached ministers of state help the cabinet ministers to
assist their work.
Deputy Ministers
o These ministers are not independent and are attached to cabinet
ministers.
Who is a Prime Minister?
A Prime Minister is the head of the Council of Ministers in a
parliamentary system of government. In India, the Prime Minister is
appointed by the President and is the leader of the political party that
has the majority in the Lok Sabha. The Prime Minister holds the
highest executive position in the country. He leads the government,
making policy decisions, and implementing laws and programs. The
Prime Minister represents the country on national and international
platforms. He plays a crucial role in the governance and
administration of the nation.
Appointment of the Prime Minister
o The president appoints the leader of the majority party in the
Lok Sabha as the Prime Minister according to parliamentary
conventions.
o There is no particular procedure for the selection and
appointment of the Prime Minister.
o Under Article 75, the Prime Minister should be appointed by the
president.
Powers and functions of the Prime Minister
o Advises the President: The prime minister advises
the President for the appointment or resignation of the council of
 ministers and other significant officials such as CAG, Chairman
of UPSC, Election Commissioners etc.
o Allocate Portfolios: The prime minister is responsible for the
location and reshuffling of portfolios of the Council of
Ministers.
o Act as a communication channel between the Council of
Ministers and the President: He communicates information
related to administrative affairs to the president.
o Act as Chairman: The prime minister acts as a chairman of
various councils such as Niti Aayog, National Development
Council, National Integration Council (NIC), Inter-state Council
(ISC), and National Water Resource Council.
o Act as a head: The Prime Minister presides over the meetings of
the council of ministers and announces government policies in
houses of parliament.
o Other functions: Shaping foreign policies, leader of the party,
political head etc.
Prime Ministerial Post Eligibility
o He must be a citizen of India.
o He must be a member of either the Rajya Sabha or the Lok
Sabha at the time of taking the oath or be a member of either
House within six months of appointment.
o He must be 30 years old if he is a member of the Rajya Sabha,
but he could be 25 if he is a member of the Lok Sabha.
Governor
Who is a Governor?
Governor is a nominal executive head of the state. He forms an
important part of the state executive where he acts as the chief
executive head. Central Government nominates the governor for each
state.
How is a Governor Appointed?
The Indian President appoints Governor for each state by warrant
under his hand and seal. Central Government is responsible to
nominate the governor for each state.
Note:
 Unlike elections of the President, there is no direct or indirect
election for the post of Governor.
 The office of a governor is not a part of the union executive and
is an independent constitutional office. The governor doesn’t
serve the union government and neither is subordinate to it.
 The nomination of a governor by the Union and his appointment
by the President in India is based on the Canadian model of
government.
What is the term of the Governor’s office?
Since the Governor holds the office under the pleasure of the
President, his office has no fixed term. President can remove the
Governor and the grounds upon which he may be removed are not
laid down in the constitution.
Governor may also get transferred from one state to another by the
President. He also can be reappointed.
Note:
 An interregnum is not allowed; following which a Governor
may sit in the office beyond 5 years (expiry of the term) till the
new governor assumes the charge of the office.
  At President’s discretion, the Chief Justice of the High Court of
the concerned state can also be appointed as the Governor on a
temporary basis when and how the President thinks fit.
(Example – On the governor’s death, Chief Justice of HC can be
appointed as the governor.)
Who is qualified to become a Governor?
Unlike Lok Sabha or Rajya Sabha members or even in the case
of Prime Minister or President who have a set of qualifications to
meet to hold the office; Governor has to meet only two qualifications:
1. He should be an Indian Citizen
2. He should be 35 years old or more
Note: There are two conventions that the government follows before
nominating a person as a Governor:
1. That person is not appointed as the governor who belongs to the
state. He shall be an outsider having no relation with the state he
is being appointed to.
2. Consultation of the Chief Minister is taken by the President
before appointing a governor
It should also be noted that both the above conventions are not
absolute and have been ignored by the union government in many
instances.
What are the powers and functions of the Governor?
Executive Powers of the Governor
The following comes under his executive powers:
1. Every executive action that the state government takes, is to be
taken in his name.
2. How an order that has been taken up his name is to be
authenticated, the rules for the same can be specified by the
Governor.
3. He may/may not make rules to simplify the transaction of the
business of the state government.
 4. Chief Ministers and other ministers of the states are appointed
by him.
5. It is his responsibility to appoint Tribal Welfare Minister in the
states of:
1. Chattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
6. He appoints the advocate general of states and determines their
remuneration
7. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service
Commission
3. Vice-Chancellors of the universities in the state
8. He seeks information from the state government
9. A constitutional emergency in the state is recommended to the
President by him.
10. The governor enjoys extensive executive powers as an
agent of the President during the President’s rule in the state.
Legislative Powers of the Governor
The following are the legislative powers of the governor:
1. It’s in his power to prorogue the state legislature and dissolve
the state legislative assemblies
2. He addresses the state legislature at the first session of every
year
3. If any bill is pending in the state legislature, Governor may/may
not send a bill to the state legislature concerning the same
 4. If the speaker of the legislative assembly is absent and the same
is Deputy Speaker, then Governor appoints a person to preside
over the session
5. As President nominates 12 members in Rajya Sabha, Governor
appoints ⅙ of the total members of the legislative council from
the fields of:
1. Literature
2. Science
3. Art
4. Cooperative Movement
5. Social Service
6. As President nominates 2 members in the Lok Sabha, Governor
nominates 1 member in state legislative assembly from Anglo-
Indian Community.
7. He can consult Election Commission for the disqualification of
members
8. With respect to the bill introduced in the state legislature, he
can:
 Give his assent
 Withhold his assent
 Return the bill
 Reserve the bill for the President’s consideration (In
instances where the bill introduced in the state legislature
endangers the position of state High Court.)
Financial Powers of the Governor
The following are the financial powers and functions of the Governor:
1. He looks over the state budget being laid in the state legislature
2. His recommendation is a prerequisite for the introduction of
a money bill in the state legislature
 3. He recommends for the demand for grants which otherwise
cannot be given
4. Contingency Fund of State is under him and he makes advances
out that to meet unforeseen expenditure. (Download the notes on
the types of funds in India from the linked article.)
5. State Finance Commission is constituted every five years by
him. (Read about the Finance Commission of India in the linked
article.)
Judicial Powers of the Governor
The following are the judicial powers and functions of the Governor:
1. He has the following pardoning powers against punishment:
1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges
of High Court.
3. In consultation with the state High Court, Governor makes
appointments, postings, and promotions of the district judges.
4. In consultation with the state high court and state public service
commission, he also appoints persons to the judicial services.
State Council of Ministers

Who are State Council of Ministers

State Council of Ministers is similar to Central Council of Ministers.
The state council is headed by the Chief Minister. The council
comprises ministers appointed by the governor on the
recommendation of the CM.
How are the Council of Ministers appointed?
They are appointed by the governor on the advice of the CM.
Governor also appoints a tribal affairs minister for the following
states:
1. Chhattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
Note: Bihar was also one of the states to have tribal affairs minister,
however, 94th Amendment Act 2006 freed Bihar from this obligation
Composition of Council of Ministers
The size of the council is not mentioned in the Indian Constitution.
Chief Minister decides the size and the rank of the ministers as per the
requirement in the State Legislature.
There are three categories of Council of Ministers:
1. Cabinet Ministers
2. Ministers of State
3. Deputy Ministers
Who is called a Chief Minister?
He is the head of the state government. While the governor is the
nominal executive of the state government, the person who becomes
the chief minister is the real executive of the government. The real
executive is called ‘de facto’ executive that means, ‘in fact, whether
by right or not.’
How is a Chief Minister appointed?
Just like the Prime Minister, provisions of whose appointment are not
mentioned in the Indian Constitution, Chief Minister’s appointment
particulars are not mentioned in the Constitution. According to Article
164 in the Indian Constitution, Governor appoints Chief Minister.
However, the Governor cannot appoint any random person as the
Chief Minister but has to follow a provision.
A leader of the party that has got the majority share of votes in the
assembly elections, is appointed as the Chief Minister of the state.
Note:
 When no party gets a majority in the elections, governor
exercises his own discretion and appoint a Chief Minister
accordingly.
 In a case where no party has won the majority votes, Governor
appoints the member of the largest party or one from the
coalition (if occurs) as the Chief Minister and then he is given 1
month time to prove confidence in the house.
 If the incumbent dies in the office, Governor at his own
discretion can appoint a Chief Minister however, the ruling
party nominates a member and Governor usually appoints that
person as the Chief Minister. This person then has to prove
confidence within a specified time.
 A person not belonging to either house (Legislative Assembly &
Council) can also be appointed as the Chief Minister, however,
within six months of his tenure as a CM he should be elected to
either house without which he ceases to be a CM.
 Chief Minister can belong to any house in the State Legislature.
What is the term of Chief Minister’s office?
Aspirants should clearly understand that the term of Chief
Minister is not fixed and he holds his office during the pleasure of
the governor.
Note:
 Governor cannot remove him any time.
 Governor cannot even dismiss him till the time he enjoys the
support of the majority of the house.
 When CM loses his majority support, he has to resign and
Governor dismisses him then.
What is the main function of the Chief Minister?
The CM of the state performs functions in relation to the different
categories of people:
1. In relation to the Council of Ministers
2. In relation to the Governor
3. In relation to the State Legislature
Other than that, he also performs the following functions:
1. He chairs the State Planning Board
2. He is a vice-chairperson of the concerned zonal council by
rotation, holding that office for a period of one year at a time
3. He is a member of Inter-State Council and National
Development Council which are headed by the Prime Minister.
In Relation to the Council of Ministers
The Chief Minister is the head of state council of ministers. He
performs the following functions:
1. He recommends to the governor on who to appoint as ministers
2. He designates or reshuffles the portfolios of the ministers
3. He can ask a minister to resign
4. Meeting of the council of ministers is headed by him
5. All activities of the ministers are guided and controlled by the
Chief Minister
6. If he resigns, the entire council of ministers collapses.
Note: If the CM dies (or resigns), the council automatically dissolves.
In Relation to the Governor
In relation to the governor, the Chief Minister performs the
following functions:
1. All the activities, decisions that are taken up by the council of
ministers are communicated to the governor by the chief
minister
2. To report to the governor, information about the administrative
affairs if and when asked by the governor
3. If any minister has decided on any issue, the same has to be
reported to the Governor by the Chief Minister when the same
has not been considered by the council.
4. He gives his advice to the governor for the appointment of the
following persons:
1. Advocate-General
2. Chairman of state public service commission
3. The state election commission, etc.
In Relation to the State Legislature
He is the leader of the house and holding this position, he performs
the following functions:
1. Before a governor prorogues and summons the sessions of the
state legislature, the Chief Minister’s advice is a must
2. Legislative Assembly can be dissolved at any time on his
recommendation to the governor
3. All government policies are announced by him on the floor of
the house.