Union Executive

Unit II
◼ Executive: Union and the States
◼ Union: Part V Ch. I (Arts. 52 – 78 & 123 Ch. III)
◼ State: Part VI Ch. II (Arts. 153 – 167 & 213 Ch. IV)
◼ Legislature: Union and the States
◼ Union: Pat V Ch. II (Arts. 79 – 122)
◼ State: Part VI Ch. III (Arts. 168 – 212)
Union Executive
◼ President
◼ Vice President
◼ Prime Minister
◼ Council of Ministers
President
◼ Article 52: There shall be a President of India.
◼ Article 53:
◼ Executive power of the Union.—(1) The executive power of the Union
shall be vested in the President and shall be exercised by him either directly
or through officers subordinate to him in accordance with this Constitution.
◼ (2) Without prejudice to the generality of the foregoing provision, the
supreme command of the Defence Forces of the Union shall be vested in
the President and the exercise thereof shall be regulated by law.
◼ (3) Nothing in this article shall—
◼ (a) be deemed to transfer to the President any functions conferred by any
existing law on the Government of any State or other authority; or
◼ (b) prevent Parliament from conferring by law functions on authorities other
President
◼ Election of President.—The President shall be elected
by the members of an electoral college consisting of—
◼ (a) the elected members of both Houses of Parliament;
and
◼ (b) the elected members of the Legislative Assemblies of
the States.
◼ Explanation.—In this article and in article 55, “State”
includes the National Capital Territory of Delhi and the
Union territory of Pondicherry. Article 54
President
◼ Election
◼ Republic – position is not hereditary
◼ Method of indirect election
◼ Not confined to Parliament
◼ National consensus
◼ Elected members of both Houses of Parliament
◼ Elected Members of the Legislative Assemblies of the States
including UTs of NCT of Delhi and Pondicherry
President
◼ Manner of election (Art. 55)
◼ Mandates uniformity in the scale of representation of the
different states as far as practicable
◼ Equal weightage for votes of state legislature and
Parliament
◼ Secret ballot, single transferable vote
◼ Weightage of each vote is determined by the formula
given in Art. 55 – Population of the State (1971
Census)
President
◼ Election
◼ Formula:
◼ State Legislature
◼ Dividing the population of the State concerned (as per 1971
Census) by the total number of elected members of the
Assembly, and then further dividing the quotient by 1000.
◼ If the remainder, while so dividing is 500 or more, it is
increased by one
President
◼ Election
◼ Formula
◼ Parliament
◼ The total value of votes of all the States divided by the total
number of elected members of Parliament
President
◼ Election
◼ Formula
◼ 2017 Election
◼ Parliament: 708 x 776 = 549408
◼ State Legislature: 549495
◼ UP – 208, TN – 176, Maharashtra – 175, Bihar – 173,
Karnataka – 131, Kerala – 152
◼ Sikkim – 7, Meghalaya – 8, Arunachal Pradesh – 8, Mizoram
-9,
President
◼ Election
◼ Conducted by the Election Commission - Art. 324 (1)
◼ Election to be conducted before the expiry of the term of
the incumbent President Article 62 (1)
◼ The Presidential and Vice-Presidential Elections Act, 1952 –
Article 71 (3) & Entry 72 List I
President
◼ Election
◼ Disputes concerning the election to be adjudicated
only by the SC Article 71 (1)
◼ S. 14A of the Act of 1952 either the candidate or 10 or
more electors can challenge
◼ S. 14A (P – 20/VP 10)
◼ Only after the election process is over will entertain
◼ N. B. Khare v. Election Commission
President
◼ Article 71(1) merely prescribes the forum in which disputes in
connection with the election of the President and Vice-President
would be enquired into. It does not prescribe the conditions under
which the petition for setting aside an election could be presented.
Under Art. 71(3), it is Parliament that is authorised to make law for
regulating any matter relating to or connected with the election of the
President or Vice President, and Act XXXI of 1952 has been passed by
Parliament in accordance with this provision. The right to stand for
election and the right to move for setting aside an election are not
common law rights. They must be conferred by statute and can be
enforced only in accordance with the conditions laid down therein.
The contention that the Act and the Rules derogate from the
jurisdiction of the Supreme Court under Art. 71(1) must accordingly
President
◼ Election
◼ Can election be held if a Legislative Assembly is
dissolved
◼ In view of Article 71 (4) elections can be held
◼ The election of a person as President or Vice-President shall
not be called in question on the ground of the existence of
any vacancy for whatever reason among the members of
the electoral college electing him. 71 (4)
◼ Article 62 (1) is mandatory in nature
President
◼ Qualifications Article 58
◼ citizen of India
◼ completed the age of thirty-five years
◼ qualified for election as a member of the House of the
People (Article 84)
◼ shall not be eligible for election as President if he holds any
office of profit under the Government of India or the
Government of any State or under any local or other
authority subject to the control of any of the said
Governments
President
◼ Conditions of President's office Article 59
◼ Not to be a Member of either House of Parliament or the
Legislature of any State
◼ Shall not hold any other office of profit
◼ Emoluments to be decided by Parliamentary law
◼ President’s Emoluments and Pension Act, 1951
◼ Emoluments not to be diminished during his term of office
President
◼ Privileges Article 361
◼ Shall not be answerable to any court for the exercise and performance of

the powers and duties of his office or for any act done or purporting to be
done by him in the exercise and performance of those powers and duties
◼ No criminal proceedings whatsoever shall be instituted or continued, in any

court during his term of office.

◼ No process for the arrest or imprisonment shall issue from any court during

his term of office

◼ No civil proceedings shall be instituted during his term of office in any court

in respect of any act done or purporting to be done by him in his personal

capacity, whether before or after he entered upon his office as President, or
as until the expiration of two months next after notice in writing has been
delivered to the President
President
◼ Privileges Article 361
◼ Personal to the President.
◼ During impeachment, his personal actions can be called in
question [Article 361 (1) Proviso]
◼ Official actions under Article 77 (1) can be challenged
President
◼ Impeachment
◼ Term of office is 5 years (Art. 56 (1))
◼ Can resign before the expiry of the term 56 (1) Proviso (a)
◼ the President may, for violation of the Constitution, be
removed from office by impeachment in the manner
provided in article 61 (Article 56 (1) Proviso (b)
President
◼ Procedure for impeachment Art. 61
◼ The charge can be preferred by either House of Parliament
◼ the proposal to prefer such charge is contained in a
resolution which has been moved after at least fourteen
days' notice in writing signed by not less than one-fourth of
the total number of members of the House has been given
of their intention to move the resolution
◼ such resolution has been passed by a majority of not less
than two-thirds of the total membership of the House.
President
◼ Procedure for impeachment Art. 61
◼ The other House shall investigate the charge or cause the charge to
be investigated and the President shall have the right to appear and
to be represented at such investigation.
◼ If as a result of the investigation a resolution is passed by a majority
of not less than two-thirds of the total membership of the House by
which the charge was investigated or caused to be investigated,
declaring that the charge preferred against the President has been
sustained, such resolution shall have the effect of removing the
President from his office as from the date on which the resolution is
so passed.
Vice President
◼ There shall be a Vice-President of India Article 63
◼ Ex officio Chairman of the Rajya Sabha (64)
◼ To act as President in case of death, resignation or removal,
or otherwise (65 (1))
◼ To discharge the functions of the President owing to absence,
illness or any other cause (65 (2))
◼ have all the powers and immunities of the President and be
entitled to such emoluments, allowances and privileges as
may be determined by Parliament by law (65 (3))
Vice President
◼ Electoral college consisting of members of both
Houses of Parliament
◼ Qualification
◼ Citizen of India
◼ Completed 35 years of age
◼ Eligible to be elected as a member of Rajya Sabha (84)
◼ Not to hold office of profit
Vice President
◼ Term of office is five years (67)
◼ Can resign before the expiry of the term
◼ Can be removed from office by a resolution of the
Council of States passed by a majority of all the then
members of the Council and agreed to by the House
of the People (67)
◼ Resolution can be moved only after giving 14 days
notice (67)
Oath of Office
◼ President Article 60
◼ Vice President Article 69
Exigency
◼ Parliament may make such provisions as it thinks fit
for the discharge of the functions of the President in
any contingency not provided for in this Chapter. (70)
◼ President (Discharge of Functions) Act, 1969
◼ Chief Justice of India or the senior most judge of the SC
◼ M. Hidayatullah J (1969)
Council of Ministers
◼ Not many provisions
◼ Article 74 and 75
◼ To evolve through conventions
◼ UNR Rao v. Indira Gandhi (1971)
◼ It was said that we must interpret Art. 75(3) according to its own terms
regardless of the conventions that prevail in the United Kingdom. If the
words of an article are clear, notwithstanding any relevant convention,
effect will no doubt be given to the words. But it must be remembered that
we are interpreting a Constitution and not an Act of Parliament, a
Constitution which establishes a Parliamentary system of Government with,
a Cabinet. In trying to understand one may well keep in mind the
conventions prevalent at the time the Constitution was framed.
Council of Ministers
◼ There shall be a Council of Ministers with the Prime Minister at
the head to aid and advise the President who shall, in the
exercise of his functions, act in accordance with such advice
Article 74 (1)
◼ Mandatory to have a Council of Ministers
◼ UNR Rao v. Indira Gandhi (1971)
Article 74(1) is mandatory and, therefore. the President cannot
exercise 'the executive power without the aid and advice of the Council
of Ministers.
Article 75(3) only applies when the House of People does not stand
dissolved or prorogued.
Council of Ministers
◼ Provided that the President may require the Council of
Ministers to reconsider such advice, either generally or
otherwise, and the President shall act in accordance
with the advice tendered after such reconsideration
(Proviso)
◼ The question whether any, and if so what, advice was
tendered by Ministers to the President shall not be
inquired into in any court (74 (2))
Council of Ministers
◼ The Prime Minister shall be appointed by the President
and the other Ministers shall be appointed by the
President on the advice of the Prime Minister 75 (1)
◼ The total number of Ministers, including the Prime
Minister, in the Council of Ministers shall not exceed
fifteen per cent of the total number of members of the
House of the People 75 (1A)
◼ Constitution (Ninety-first Amendment) Act, 2003
Council of Ministers
◼ A member of either House of Parliament belonging to any
political party who is disqualified for being a member of that
House under paragraph 2 of the Tenth Schedule shall also be
disqualified to be appointed as a Minister under clause (1) for
duration of the period commencing from the date of his
disqualification till the date on which the term of his office as
such member would expire or where he contests any election
to either House of Parliament before the expiry of such
period, till the date on which he is declared elected, whichever
is earlier 75 (1B)
Council of Ministers
◼ The Ministers shall hold office during the pleasure of the President. 75
(2)
◼ The Council of Ministers shall be collectively responsible to the House of
the People 75 (3)
◼ Before a Minister enters upon his office, the President shall administer to
him the oaths of office and of secrecy according to the forms set out for
the purpose in the Third Schedule 75 (4)
◼ A Minister who for any period of six consecutive months is not a member
of either House of Parliament shall at the expiration of that period cease
to be a Minister 75 (5)
◼ The salaries and allowances of Ministers shall be such as Parliament may
from time to time by law determine and, until Parliament so determines,
Council of Ministers
◼ Appointment of a non-member
◼ H. S. Verma v. T. N. Singh (1971)
◼ Appointment of TN Singh as UP CM was challenged
◼ The Governor has the discretion to appoint, as a Chief
Minister, a person, who is not a member of the legislature
at the time of his appointment but the Chief Minister is
required, with a view to continue in office as a Chief
Minister, get himself elected to the legislature within a
period of six consecutive months from the date of his
appointment. Article 164 (4)
Council of Ministers
◼ Appointment of a non-member
◼ H. S. Verma v. State of U.P. (1985)
◼ Appointment of K. P. Tewary as a minister challenged
◼ Reiterated the earlier stand
◼ H. S. Verma v. Union of India (1987)
◼ Appointment of Sitaram Kesari as a Minister in the Central
Government
◼ Combined reading of 75 (5) and 88 that allows participation
in the proceedings of either House of Parliament
Council of Ministers
◼ Appointment of a non-member/Whether eligible for
reappointment?
◼ S. R. Chaudhuri v. State of Punjab (2001)
◼ The absence of the expression "from amongst members of the legislature" in Article
164 (1) is indicative of the position that whereas under that provision a non-
legislator can be appointed as a Chief Minister or a Minister but that appointment
would be governed by Article 164(4), which places a restriction on such a non-
member to continue as a Minister or the Chief Minister, as the case may be, unless
he can get himself elected to the Legislature within the period of six consecutive
months, from the date of his appointment. Article 164(4) is, therefore, not a source
of power or an enabling provision for appointment of a non-legislator as a Minister
even for a short duration. It is actually in the nature of a disqualification or
restriction for a non-member, who has been appointed as a Chief Minister or a
Minister, as the case may be, to continue in office without getting himself elected
within a period of six consecutive months.
Council of Ministers
◼ Appointment of a non-member/Whether eligible for
reappointment?
◼ Resignation by the individual concerned before the expiry of the
period of six consecutive months, not followed by his election to the
legislature, would not permit him to be appointed a Minister once
again without getting elected to the legislature during the term of the
legislative assembly. The "privilege" of continuing as a Minister for
"six months" without being an elected member is only a one time slot
for the individual concerned during the term of the concerned
legislative assembly. It exhausts itself if the individual is unable to get
himself elected within the period of grace of "six consecutive months"
Council of Ministers
◼ Appointment of a non-member/Whether eligible for
reappointment?
◼ To permit the individual to be reappointed during the term
of the same legislative assembly, without getting elected
during the period of six consecutive months, would be
subversion of parliamentary democracy…
◼ Re-appointing that individual without his getting elected,
would, therefore, be an abuse of Constitutional provisions
and subversive of constitutional guarantees. Every Minister
must draw his authority, directly or indirectly, from the
political sovereign - the Electorate.
Council of Ministers
◼ Appointment of a non-member/Whether eligible for
reappointment?
◼ If this were permitted, a non- legislator could by repeated appointments
remain a Minister even for the entire term of the Assembly - a position
wholly unacceptable in any parliamentary system of government. Such a
course would be contrary to the basic principles of democracy, an essential
feature of our constitution. The intention of the framers of the constitution
to restrict such appointment for a short period of six consecutive months,
cannot be permitted to be frustrated through manipulation of
"reappointment".
Council of Ministers
◼ Appointment of a non-member/Whether eligible for
reappointment?
◼ It would be too superficial to say that even though the individual
Minister is a person who cannot even win an election by direct or
indirect means, he should be permitted to continue as a Minister for a
period beyond six months, without being elected at all and represent
the electorate which has not even returned him!! It would be
subversive of the principle of representative government and
undemocratic. It would be perversion of the Constitution and even a
fraud on it. Obligation of the judiciary is to administer justice
according to law but the law must be one that commands legitimacy
with the people and legitimacy of the law itself would depend upon
whether it accords with justice.
Prime Minister
◼ Parliamentary form of government occupies a crucial
position
◼ Keystone of the Constitution – Jennings
◼ Keystone of the Cabinet arch, central to its formation,
central to its life, and central to its death – S. A. De
Smith
◼ Indian context, few constitutional provisions
Prime Minister
◼ Few provisions in the Constitution that refers to the
Prime Minister
◼ Art. 74: There shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President who shall, in the exercise
of his functions, act in accordance with such advice
◼ Art. 75: (1) The Prime Minister shall be appointed by the President
and the other Ministers shall be appointed by the President on the
advice of the Prime Minister.
◼ (1A) The total number of Ministers, including the Prime Minister, in
the Council of Ministers shall not exceed fifteen per cent. of the total
number of members of the House of the People.
Prime Minister
◼ Art. 78: Duties of Prime Minister as respects the furnishing of
information to the President, etc.—It shall be the duty of the
Prime Minister—
◼ (a) to communicate to the President all decisions of the Council of
Ministers relating to the administration of the affairs of the Union and
proposals for legislation;
◼ (b) to furnish such information relating to the administration of the
affairs of the Union and proposals for legislation as the President may
call for; and
◼ (c) if the President so requires, to submit for the 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.
Prime Minister
◼ Art. 124A: National Judicial Appointments
Commission:
◼ Two eminent persons to be nominated by the committee
consisting of the Prime Minister, the Chief Justice of India
and the Leader of Opposition in the House of the People or
where there is no such Leader of Opposition, then, the
Leader of single largest Opposition Party in the House of
the People––Members
◼ 99th Amendment Act, 2014
◼ SC Advocates Association v. Union of India (2015)
Prime Minister
◼ Art. 329 A: Special provision as to elections to Parliament in the case
of Prime Minister and Speaker
◼ Inserted by the 39th Amendment Act, 1975
◼ Omitted by 44th Amendment Act, 1978
◼ Art. 352 (3): The President shall not issue a Proclamation under
clause (1) or a Proclamation varying such Proclamation unless the
decision of the Union Cabinet (that is to say, the Council consisting of
the Prime Minister and other Ministers of Cabinet rank appointed
under article 75) that such a Proclamation may be issued has been
communicated to him in writing
◼ 44th Amendment Act, 1978
Prime Minister
◼ Appointment
◼ Art. 75 (1): There shall be a Council of Ministers with
the Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions,
act in accordance with such advice
◼ Mandatory to have a Prime Minister
◼ President who appoints and not the Parliament
◼ Art. 75 (3) speaks only about collective responsibility
to the Parliament
Prime Minister
◼ No guidance as to who can be appointed
◼ Presidential discretion
◼ Bound by conventions
◼ Leader of the majority party in Lok Sabha
◼ If no party has majority
◼ Leader of the single largest party
◼ 1989 Congress (197), Janata Dal (143), BJP (85), Left (45)
Prime Minister
◼ Pre-poll Alliance
◼ Post poll Alliance
◼ Only a person who, the President thinks, commands
the confidence of the Lok Sabha would be appointed
the Prime Minister who in turn would choose the other
Ministers.
◼ S. P. Anand v. H. D. Deve Gowda (1997)
Prime Minister
◼ Can a Rajya Sabha member be appointed?
◼ Indira Gandhi (1966)
◼ Manmohan Singh (2004 & 2009)
◼ Can a non-member be appointed?
◼ P. V. Narasimha Rao (1991), H. D. Deve Gowda (1996)
Prime Minister
◼ S. P. Anand v. H. D. Deve Gowda (1997)
◼ Art. 75 does not make a difference between the PM and other
ministers
◼ Oath of office is the same
◼ CM can be appointed under Art. 163
◼ Even if a person is not a member of the House, if he has the
support and confidence of the House, he can be chosen to head
the Council of Ministers without violating the norms of
democracy and the requirement of being accountable to the
House would ensure the smooth functioning of the democratic
process.
Prime Minister
◼ S. P. Anand v. H. D. Deve Gowda (1997)
◼ Article 75 (5): A Minister who for any period of six
consecutive months is not a member of either House of
Parliament shall at the expiration of that period cease to be
a Minister
◼ The English convention that the Prime Minister should be a
member of either House, preferably House of Commons, is
not our constitutional scheme since our Constitution clearly
permits a non-member to be appointed a Chief Minister or
a Prime Minister for a short duration of six months.
Prime Minister
◼ PM chooses his minsters Art. 75 (1)
◼ They continue to hold office till they enjoy his
confidence
◼ The Ministers shall hold office during the pleasure of the
President. 75 (2)
Prime Minister
◼ The Chairperson of the National Authority shall, in the case
of emergency, have power to exercise all or any of the
powers of the National Authority but exercise of such
powers shall be subject to ex post facto ratification by the
National Authority.
◼ S. 6 (3), The Disaster Management Act, 2005
Other Ministers
◼ Cabinet system
◼ Cabinet Ministers
◼ Minister of State with independent charge
◼ Minister of State
◼ Deputy Minister
◼ Article 352 (3)
◼ The Government of India (Transaction of
Business) Rules 1961: Article 77 (3)
Position of the President
◼ The Executive power is vested in the President Art. 53
◼ Whether Presidential form of government?
◼ Does he have any discretionary powers?
Position of the President
◼ Can exercise functions either directly or indirectly 53
(1)
◼ President can make rules for the transaction of
business 77 (3)
◼ Parliament may by law confer any function on
authorities other than President 53 (3)(b)
◼ In practice the executive power is carried out by the
minsters
Position of the President
◼ Our Constitution, though federal in its structure, is modelled on the
British Parliamentary system where the executive is deemed to have
the primary responsibility for the formulation of governmental policy
and its transmission into law though the condition precedent to the
exercise of this responsibility is its retaining the confidence of the
legislative branch of the State.
◼ Under Article 53(1) of our Constitution, the executive power of the
Union is vested in the President but under Article 75 there is to be a
Council of Minister with the Prime Minister at the head to aid advise
the President in the exercise of his functions. The president has thus
been made a formal or constitutional head of the executive and the
real executive powers are vested in the Ministers or the Cabinet.
◼ Ram Jawaya v. State of Punjab (1955)
Position of the President
◼ Shamsher Singh v. State of Punjab (1974)
◼ Is the Rashtrapati Bhavan or Raj Bhavan-an Indian Buckingham
Palace or a half way house between it and the White House? (Krishna
Iyer)
◼ The President as well as the Governor is the Constitutional or formal
head. The President as well as the Governor exercises his powers and
functions conferred on him by or under the Constitution on the aid
and advice of his Council of Ministers, save in spheres where the
Governor is required by or under the Constitution to exercise his
functions in his discretion.
Position of the President
◼ Shamsher Singh v. State of Punjab (1974)
◼ Wherever the Constitution requires the satisfaction of the President or
the Governor for the exercise by the President or the Governor of any
power or function, the satisfaction required by the Constitution is not
the personal satisfaction of the President or Governor but the
satisfaction of the President or Governor in the Constitutional sense in
the Cabinet system of Government, that is, satisfaction of his Council
of Ministers on whose aid and advice the President or the Governor
generally exercise all his powers and functions. The decision of any
Minister or officer under rules of business made under any of these
two Articles 77(3) and 166(3) is the decision of the President or the
Governor respectively. (A. N. Ray CJ)
Position of the President
◼ Shamsher Singh v. State of Punjab (1974)
◼ It is a fundamental principle of English Constitutional law that
Ministers must accept responsibility for every executive act. In
England, the sovereign never acts on his own responsibility. The
power of the sovereign is conditioned by the practical rule that the
Crown must find advisers to bear responsibility for his action. Those
advisers must have the confidence of the House of Commons. This
rule of English constitutional law is incorporated in our Constitution.
The Indian Constitution envisages a parliamentary and responsible
form of Government at the Centre and in the States and not a
Presidential form of Government. (A N Ray CJ)
Position of the President
◼ Shamsher Singh v. State of Punjab (1974)
◼ If only we expand the ratio of Sardarilal and Jayantilal to
every function which the various Articles of the Constitution
confer on the President or the Governor, Parliamentary
democracy will become a dope and national elections a
numerical exercise in expensive futility. We will be
compelled to hold that there are two parallel authorities
exercising powers of governance of the country, as in the
dyarchy days, except that Whitehall is substituted by
Rashtrapati Bhavan and Raj Bhawan.
Position of the President
◼ Shamsher Singh v. State of Punjab (1974)
◼ The Cabinet will shrink at Union and State levels in political and
administrative authority and,, having solemn regard to the gamut of
his powers and responsibilities, the Head of State will be a
reincarnation of Her Majesty's Secretary of State for India, untroubled
by even the British Parliament-a little taller in power than the
American President, Such a distortion, by interpretation, it appears to
us, would virtually amount to a subversion of the structure, substance
and vitality of our Republic, particularly when we remember that
Governors are but appointed functionaries and the President himself
is elected on a limited indirect basis. (Krishna Iyer)
Position of the President
◼ Shamsher Singh v. State of Punjab (1974)
◼ Not the Potomac, but the Thames fertilizes the flow of the
Yamuna, if we may adopt a riverine imagery. In this thesis,
we are fortified by the precedent of this Court,
strengthened by Constituent Assembly proceedings and
reinforced by the actual working of the organs involved for
about a silver jubilee span of time
Position of the President
◼ 42nd Amendment Act, 1976
◼ Article 74 (1)
◼ There shall be a Council of ministers with the Prime Minister
at the head to aid and advise the President in the exercise
of his functions.
◼ There shall be a Council of Ministers with the Prime Minister
at the head to aid and advise the President who shall, in
the exercise of his functions, act in accordance with such
advice
Position of the President
◼ 44th Amendment, 1978
◼ Provided that the President may require the Council of
Ministers to reconsider such advice, either generally or
otherwise, and the President shall act in accordance with
the advice tendered after such reconsideration.
Position of the President
◼ Discretion
◼ Appointment of Prime Minister (Dismissal)
◼ Dissolution of the House
◼ Assent to the Bills (Article 111)
◼ Right to receive information (Art. 78)
◼ 103. Decision on questions as to disqualifications of members.—(1) If any
question arises as to whether a member of either House of Parliament has become
subject to any of the disqualifications mentioned in clause (1) of article 102, the
question shall be referred for the decision of the President and his decision shall be
final.
◼ (2) Before giving any decision on any such question, the President shall obtain the
opinion of the Election Commission and shall act according to such opinion.
Position of the President
◼ Playing an independent role as adviser, as sentinel, as
auditor, and as engineer of certain powers exercisable
in exceptional situations
◼ Krishna Iyer (1987)
◼ To state the matter shortly, the Sovereign has under a
constitutional monarchy, three rights: the right to be
consulted, right to encourage and right to warn.
◼ Walter Bagehot