President
Parliament is made of Lok Sabha + Rajya Sabha + President.
Union executive = President + Vice President + PM + CoM + Attorney General of India.
India is republic because, Head of the state is elected (Directly/indirectly by people)
President is bound by the advice of the council of ministers headed by the prime minister, otherwise his action can be considered unconstitutional.
Nominated members of Parliament do not vote in President election but they do vote in impeachment process.
Members of Vidhan sabha (LA) vote in President election but not members of Vidhan parishad (LC).
Value of vote of MP of Rajya sabha and Lok sabha is same.
Value of vote of an MLA varies from state to state. (Highest is of UP and least is of Sikkim)
Value of vote of an MP>MLA.
Electoral dispute related to election of President is decided by Supreme Court whose decision is final.
Only President take oath of to preserve, protect and defend the Constitution, rest other take oath of faith and allegiance towards the constitution.
Unlike US President who can be elected for maximum 2 times, Indian President can be elected for any number of times.
During tenure, He/she cannot be arrested or imprisoned for Criminal acts but Civil cases can be initiated.
President can be impeached for ‘violation of the Constitution’ and what amount to violation is not mentioned in our constitution.
Impeachment resolution is passed by a majority of two-thirds of the total membership of Lok Sabha + Rajya Sabha separately.
All voting for removal of any person from any post is considered as quasi-Judicial power of Parliament.
Elected MLAs do not vote for impeachment of President.
In case of President seat falling vacant, VP can act as acting President but he shall never assume the post of President. (i.e. fresh election shall be conducted and new President shall be elected)
Powers of President
President can declare any area as scheduled area. (Not Parliament)
President can summon or prorogue the Parliament and dissolve the Lok Sabha.
Any house of Parliament can be adjourned by Presiding officer not President.
President can summon a joint sitting of both the Houses of Parliament.
Prior recommendation of president in two cases: Money Bill and for altering names and boundaries of states.
He enjoys only pocket veto with respect to money bill.
He does not enjoy any veto power with respect to constitutional amendment bill so he is bound to give his consent.
Maximum duration of Ordinance can be 7.5 months.
Ordinances must be approved by the Parliament within six weeks from its reassembly.
President can withdraw ordinance at any time.
An ordinance made when both/any the House are/is in session is void.
Ordinance can modify or repeal any act of Parliament or another ordinance.
Ordinance can be implemented retrospectively.
Power of the President to legislate by ordinance is not a parallel power of legislation.
Power of ordinance-making is not a discretionary power and has to be exercised only on advice of CoM.
Ordincance can’t be used for Money bill and Constitutional amendment bill.
President has absolute veto in only two cases
- Private member bill
- State assembly bill
reserved to him by Governor.
Seek advice from the Supreme Court. (Presidential reference). (Non Binding advice).
Have power of absolute pardon.(Including military Courts)
Pardoning power is executive power of President and not judicial one.
Only President and not Governor can grant absolute pardon in case of death sentence.
Unlike US President, Indian President does not enjoy Qualified veto.
Decision of the President to issue an ordinance can be questioned by judiciary.
The governor can suspend, remit or commute a death sentence, but not absolute pardon.
Pardoning or its rejection by President can be subjected to Judicial review.
President has no constitutional discretion, but situational discretion.
Vice President
Part of Union executive.
Ex-officio chairman of RS.
He is not member of RS but can vote in case of dead lock (tie of votes)
Both elected and nominated members of Parliament vote in election.
Members of state assembly do not participate in election.
None replaces VP on ad hoc basis in case of vacancy of VP seat.
President can be removed by absolute majority in Rajya Sabha + simple majority in Lok Sabha.
Motion for removal can be introduced in RS only.
No ground has been mentioned in the Constitution for his removal.
Supreme Court decide on any dispute related to VP election.
The Indian Vice-President, does not assume the office of the President when it falls vacant for the unexpired term, he merely serves as an acting President
Prime Minister
Prime Minister is the head of the government.
He is de facto/real executive at union level.
person who is not a member of either House of Parliament can be appointed as Prime Minister but has to attain membership withing 6 months of appointment.
President may be a member of any of the two Houses of parliament. (UK PM can be only from lower house).
Entire CoM have to resign when PM resign.
If any CoM resign other than PM, entire CoM do not have to resign.
He allocates and reshuffles various portfolios among the ministers.
He can recommend dissolution of the Lok Sabha to President at any time, here President is not bound to act of advice of PM. In this case President can exercise situational discretion and choose to dissolve the house or allow other party to prove majority and form government.
Council of Minister
Ministers are appointed by the President on the advice of the Prime Minister.
The advice tendered by Ministers to the President shall not be inquired into in any court.
Strength of CoM can’t exceed 15 % of the total strength of the Lok sabha. (91st CAA).
Even after the dissolution of the Lok Sabha, the council of ministers continue to retain their posts till new CoM are not appointed.
Council of ministers shall be collectively responsible to the Lok Sabha
A minister can vote only in that house of which he is a member, but can take part and address any house of the Parliament.
Deputy Prime Minister post is not mentioned in constitution.
If any minister disagrees with a cabinet decision, he has to resign. (collective responsibility)
Word ‘cabinet’ was not mentioned in original constitution but was added by 44th CAA.
Kitchen Cabinet is informal body consisting PM and his trustworthy group of people which may be part of cabinet or outside of it.
Governor
Governor office is inspired from Canadian Political system.
Same person can be governor of two or more state.
SC has opined that Governor is not office under Union government but an independent constitutional office.
Governor is immune from Criminal acts but not Civil acts during his tenure.
No fixed tenure.
Can be removed anytime by President.
Removal of Governor is subjected to judicial review.
Governor can be reappointed any number of times.
Appoint SEC and state Public service commissioner, but they can be removed only by President.
He has no power to grant absolute Pardon WRT death sentence.
Governor is not bound to act on advice of CoM on two occasions i) advising President for imposition of President rule ii) reserving a state bill for consideration of President.
Have power over appointment, promotion, transfer of District judges in consultation of HC.(for HC judges it is President)
Attorney General
Constitutional post and part of Union executive.
High law officer in country.
Represent Government side in all courts of India and advice Government on legal matters.
removed by the president at any time.
Represent the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
Can take part in Parliamentary proceedings without voting rights.
Can become member of any Parliamentary committee.
Can continue his private practice along with Public functions.
He is not a government servants.
The AG is not a member of the cabinet.
Solicitor general act as support staff of Attorney general and it is not a constitutional post.