The President of India (Articles 52-62)
Position and Role
Constitutional Position:
- De Jure Head of State: Legal/constitutional head
- De Facto Executive: Council of Ministers holds real power
- Not involved in day-to-day governance
Election (Article 54):
- Elected by Electoral College:
- Members of both houses of Parliament
- Members of state legislatures
- Uses proportional representation (single transferable vote)
Qualifications:
- Indian citizen
- Minimum 35 years old
- Qualified for Lok Sabha membership
Term:
- 5 years
- Re-eligible for second term
Powers of the President
Legislative Powers:
- Assent to Bills: Bills become law only after presidential assent
- But: President MUST assent to money bills
- Ordinances: Can issue ordinances when Parliament not in session (Article 123)
- Ordinances expire after 6 weeks if Parliament doesn't approve
Executive Powers:
- Appointment Powers:
- Appoints PM (who commands Lok Sabha support)
- Appoints judges, governor, senior officials
- But: Acts on advice of Council of Ministers (Article 74)
- Removal Powers: Can remove officials, judges (with proper procedure)
Emergency Powers:
- National Emergency: Article 352
- President's Rule: Article 356 (state governments)
- Financial Emergency: Article 360
Ceremonial/Formal Powers:
- Supreme Commander of armed forces (ceremonial)
- Grants pardons/clemency (Article 72)
- Dissolves Parliament for elections
- Addresses Parliament
The Council of Ministers (Article 74-75)
Aid and Advice:
- Article 74: President acts on advice of Council of Ministers (except limited circumstances)
- Council headed by Prime Minister
- Cabinet ministers advise President
Collective Responsibility:
- Council of Ministers collectively responsible to Lok Sabha (Article 75(3))
- If no-confidence passed, entire government must resign
Composition:
- Cabinet ministers (important portfolios)
- Ministers of State (independent charge)
- Deputy Ministers
- Total number limited by 91st Amendment (2003) to 15% of Lok Sabha strength
Prime Minister (Articles 75-78)
Appointment and Qualifications
Appointment (Article 75):
- President appoints PM
- Must be member of Parliament (usually Lok Sabha)
- Must command majority in Lok Sabha
- Usually leader of largest party/coalition in Lok Sabha
Qualifications:
- Indian citizen
- Minimum 25 years old
- Qualified for Lok Sabha membership
- No specific educational qualification
Tenure:
- At President's pleasure (can be removed if loses Lok Sabha majority)
- Usually 5-year term (with Lok Sabha)
- Can resign or be removed through no-confidence
Powers and Functions
Executive Powers:
- Head of Government: Leads Council of Ministers
- Chief Advisor: Principal advisor to President
- Appointment Power: Appoints/dismisses ministers (with President's approval)
- Policy Direction: Determines government policy and priorities
Legislative Powers:
- Initiates Legislation: Government bills introduced through PM/ministers
- Parliamentary Leadership: Leads parliamentary business
- Confidence Votes: Can seek confidence votes in Lok Sabha
Administrative Powers:
- Day-to-day Governance: Directs government functioning
- Inter-ministerial Coordination: Coordinates between ministries
- Crisis Management: Leads in emergencies
Foreign Relations:
- Represents India internationally
- Conducts diplomacy
- Negotiates international agreements
Limitations on PM's Power
Constitutional Limits:
- Must act within Constitution
- Cannot violate Fundamental Rights
- Cannot act arbitrarily (courts can review)
Parliamentary Accountability:
- Dependent on Lok Sabha majority
- No-confidence motion can remove PM
- Question hour and debates scrutinize PM
- Budget must be passed
Council of Ministers Constraint:
- PM acts with Council of Ministers (collective responsibility)
- Cannot act unilaterally against Cabinet
- Cabinet solidarity required (all support government publicly)
Judicial Review:
- Court can scrutinize PM's executive orders
- Cannot act beyond constitutional authority
- Administrative law principles apply
PM's Relationship with President
According to Constitution:
- President is superior constitutionally
- President appoints PM
- President approves ministerial appointments
In Practice:
- PM is real executive
- President acts on PM's advice
- PM controls government; President is ceremonial
44th Amendment (1978) Impact:
- Article 74: PM's advice binding on President
- President can send back advice once for reconsideration
- If Council reiterates, President must follow
Council of Ministers: Composition and Functions
Composition (91st Amendment, 2003)
Three Tiers:
-
Cabinet Ministers: Important portfolios
- Usually 20-30 members
- Head major ministries
- Attend Cabinet meetings
-
Ministers of State: Independent charge or with portfolio
- Usually 10-15 members
- Head smaller ministries or support cabinet ministers
-
Deputy Ministers: Assist Cabinet/State ministers
- Usually 10-20 members
- Develop administrative skills