ASSIGNMENT 1

SUBJECT: IC&P
TOPIC: ROLE OF GOVERNER
AND PRESIDENT OF INDIA.

NAME: AYSHA
DEPARTMENT: BCA
SECTION: B
REGISTRATION NO: 42224210076
SUBMITTED TO: Mr. AYUSH
 WHO IS GOVERNER?
The Governor is the head of state, confer many responsibilities. From selecting CM to
appointing judges for lower court, initiating the President’s say, and even holding bills if not
satisfactory.

HOW IS GOVERNER APPOINTED?

The person who wanted to be governor must complete these following criteria.
 He should be at least 35 years of age or more.
 He should not have been a member of state legislatures (Vidhan Sabha and Vidhan
Parishad) and parliament (Lok Sabha and Rajya Sabha).
 Must not hold any office of profit.
(These criteria to be a governor has been mentioned in article 157 and 158)

WHAT ARE THE POWER AND RIGHTS OF GOVERNOR?

Being a public official, a governor has five power and rights that he can use in his/her time
period. These power and rights are listed below;
EXECUTIVE POWER
 Governor has right to appoint the Chief Minister and council of minister for Vidhan
Sabha.
 He also elects the members of the state Public Service Commission, along with
Chairman.
 A governor appoints the state’s Advocate General where he is holding the office.
 He also appoints the state Election Commissioner.

LEGISLATIVE POWERS
 The governor may postpone a planned meeting with Chief Minister and Council of
Minister.
 He may call a special session of the State Legislature, namely the Vidhan Parishad.
 For the Legislature, the governor proposes at least one person with Anglo-Indian
ancestry.
 The governor alone has the authority to approve the passage of any legislation that
the legislature has introduced.

FINIANCIAL POWER
  The governor suggests presenting state legislature finance measure.
 The annual state budget must be presented to the Lok Sabha by the state governor.

JUDICIAL POWERS
 Judges in state courts subordinate to High Court are chosen by the Governor.
 Prior to appointing the Chief Justice of High Court and regular judges, the President
confers with the state governor.
 The governor may award justice and pardon for any crime found guilty under State
Law.

EMERGENCY POWER
 The governor may ask the president to impose “President’s Rule” at any moment if he
believes the state’s constitutional framework is not operating properly.

ROLE OF PRESIDENT OF INDIA

The primary duty of the President is to preserve, protect and defend the constitution and the
law of India as made part of his oath (Article 60 of Indian constitution). The President is the
common head of all independent constitutional entities. All his actions, recommendations
(Article 3, Article 111, Article 274, etc.) and supervisory powers (Article 74(2), Article 78 c,
Article 108, Article 111, etc.) over the executive and legislative entities of India shall be used
in accordance to uphold the constitution. There is no bar on the actions of the President to
contest in the court of law.
The President of India is the Head of State. The system of government of India is a cabinet
form of government. The Indian President is, therefore, a constitutional head like the King or
Queen of Britain—that is, all executive powers are constitutionally vested in him, although
those are actually exercised and executed by the cabinet.
In India the powers of the Union government are treated as the powers of the President
because these powers are used in his name in pursuance of the constitutional stipulation under
Article 53 which reads: The executive powers of the Union shall be vested in the President
and shall be exercised by him either directly or through the officers subordinate to him in
accordance with this Constitution.

The constitutional powers and functions of the President of India may be classified into six
principal types.

Executive Functions
Head of the Union
 The President is at the head of the Union Executive. Consequently, all executive
powers are exercised in his name. The executive power of the Union to be exercised
by the President is extended to the matters with respect to which Parliament has
power to make laws and to conclude treaty and agreement.
Appointments
 As head of the executive, the President appoints the Governors of States, the Judges
of the Supreme Court and the High Courts, the Auditor General of India and many
other high officials, such as the members of Finance Commission, Election
commission, Union Public commission etc.
Appointment of the Prime Minister and other Ministers:
 The President also appoints the Prime Minister and with his advice the other Ministers
of the Union Council of Ministers. But here too, as in all other appointments, the
President can seldom use his discretion. He is, ordinarily, duty-bound to summon the
leader of the political party which secures an absolute majority in the Lok Sabha to
become the Prime Minister and form the Ministry. He does enjoy some discretionary
powers in the matter only under exceptional circumstances. When no single political
party wins a clear absolute majority and, as a result, no Council of Ministers can be
formed without a coalition of parties the President can exercise his discretion
judiciously in appointing the Prime Minister. Such situations developed in the past.
India has entered into an age of coalition politics. And it may so happen that no
single party will be able to secure an absolute majority, and the President may be
required to exercise his discretionary power for some time to come, in appointing
Prime Minister.
Can ask to prove Majority in Lok Sabha
 Union Council of Ministers normally remains in office for five years, unless dissolved
earlier for any reason. The President must be satisfied that the Council of Ministers
enjoys the confidence of the majority of the Lok Sabha. In case of any doubt he can
ask the Council of Ministers to prove its majority in the Lok Sabha, as the Prime
Ministers Sri H.D. Deve Gowda was asked by the President after the official
withdrawal of support by the Congress Party from Ministry. The President can also
dissolve the Union Council of Ministers in accordance with Article 75(2) of the
constitution, if he finds that the Ministry does not enjoy the support of the majorities
in the Lok Sabha.
5. Supreme Commander: As head of State, the President is the supreme Commander
of the Armed Forces of India and is entitled to declare war or conclude a treaty

Supreme Commander
 As head of State, the President is the supreme Commander of the Armed Forces of
India and is entitled to declare war or conclude a treaty.
Legislative Powers and Functions
President is a part of Parliament
 The Union Legislature or Parliament consists of the President and two Houses of
Parliament. The President is, therefore, an integral part of Union Legislature. He shall
summon from time to time, either separately or jointly, the Houses of Parliament. The
President can prorogue the Houses or either House of Parliament and, if necessary,
can dissolve the lower Chamber of Parliament, the Lok Sabha. For example, the
President solved the twelfth Lok Sabha in early 1999 when the confidence motion in
favour you’re of the Vajpayee government was lost in the Lok Sabha.

Summons and Addresses Parliament

 The President may address either or both House of Parliament. In such address, at the
first session after general election to the Lok Sabha and at beginning of a joint session
of Parliament each year, he may place the reasons for summoning it. Apart from
addressing Parliament, the President may also, in case of necessities, send messages
to either House, or to both Houses [Article 86(2)]. Normally, the President does not
send such a message, unless however, he has a serious disagreement with the Council
of Ministers

Nomination
 The President nominates a number of members in both Houses. The chief purpose of
the nomination is to ensure adequate representation in Parliament of all sections of
population which many not always be achieved through elections

Power in respect of Bills

 The President has certain functions in respect of passing of a Bill. A bill passed by
both the Houses of Parliament requires his assent in order to become an Act. He may
give his assent to a bill or can withhold assent when a bill, after getting approved in
both the Houses, is placed before the President. But, if Parliament, acting on
President’s refusal to assent to a bill, passes it again with or without amendment, for
the second time and presents it to the President for his approval, the President shall
not withhold his assent there from under Article 111. In other words, it becomes
obligatory upon him to give his assent. In certain cases, prior sanction of the President
is required for initiating any legislation. For instance, bill for formation of a new State
or altering the boundaries of the existing State or States is to be placed before
Parliament with prior approval of the President. Money bill is another example were
obtaining of such approval of the President is a constitutional necessity.
Bill passed by a State Legislature
 A bill passed by a State Legislature may also be reserved for the consideration of the
President by the Governor of that State. The President enjoys this right in relation to a
bill passed by a State Legislature only in such cases where those are referred to him
by the Government of a State under Article 200

Power to Promulgate Ordinances

Except when both Houses of Parliament are in session, the President may promulgate such
Ordinances as the circumstances appear to him to require (Article 123). Such an ordinance
can have the same force and effect of an Act of Parliament. Such an ordinance shall cease to
operate unless passed by both Houses of Parliament within the stipulated period. A.K. Roy vs.
Union of India (1982) illustrates the proposition that the satisfaction of the President must be
as to the existence of a situation which makes it necessary for the President to promulgate
such on Ordinance.
The more controversial and debatable legislative power of the President has always been the
Ordinance Making Power. Usually, the power to make the laws rests with the Parliament.
However, special power on the President empowering him to promulgate ordinances when
the Parliament is not in session and the circumstances are such which require immediate
action. An ordinance cannot be promulgated when both the houses of parliament are in
session However it may be passed when only one house is in session the reason being that a
law cannot be passed by only one house and thus it cannot meet a situation calling for
immediate legislation. This power granted to the President in the Indian Constitution is
unique and no such power has been conferred upon the executive in Britain or the USA.
In justification of the inception of the Ordinance Making power in the Constitution Dr
Ambedkar said that there might be a situation of emergency when the Houses of the
parliament are not in session. It is important that this situation should be dealt with and it
seems to me that the only solution is to confer upon the President the power to promulgate
the law which will enable the executive to deal with that particular situation because it cannot
resort to the ordinary process of law because the legislature is not in session.

Financial Powers and Functions

The President of India also exercises financial powers. No money bill can be introduced in
Parliament without the recommendations of the President. According to the Constitution of
India, the Annual Financial Statement is placed by the President before both the Houses of
Parliament. This statement shows the estimates of revenue and expenditure of the central
Government for the next year. It may be pointed out that the proposal for taxation and
expenditure cannot be made without the approval of the President. No proposal for spending
money or raising revenues for purposes of government can be introduced in Parliament
without previous permission of the President.
Emergency Powers of the President
 The constitution of India empowers the President to proclaim three kinds of
Emergencies: National Emergency (Art. 352).
 Emergency for failure of Constitutional Machinery in a State (Art. 356).
 Financial Emergency (Art. 360) 1 National Emergency the President.

1 National Emergency
The President of India may issue a Proclamation of National Emergency when the security of
India or any part thereof is threatened by war, armed rebellion or external aggression. Such a
Proclamation of Emergency may remain in force for an indefinite period. During a
Proclamation of National Emergency, the executive power of the States is to be exercised in
accordance with the directions given by the Central Government. Parliament has the power to
make laws on the subjects enumerated in the State List. The right to freedom of speech and
expression, freedom to form association, freedom to practice and profession, etc., embodied
in Article 19 shall remain suspended.

2. Failure of State Constitutional Machinery

In Case of failure of Constitutional machinery in a State, the President of India is authorized
to make a Proclamation to that effect. The maximum duration of this type of emergency is
three (3) years. During such an emergency, the President may assume to himself the
executive powers of the State. The powers of the legislatures of the State are to be exercised
by the Union Parliament

3. Financial Emergency
The President may also issue a Proclamation of Financial if he is satisfied that the financial
stability of India is threatened. This type of emergency may continue to remain in force for an
indefinite period. The Central Government may give directions to the States for canons of
financial propriety. All money-bills passed by the State Legislatures are to be reserved for the
consideration of the President. The President of India grants, pardons, reprieves or remissions
of punishment to any person who has been convicted by a Court of Law.

Diplomatic powers
All international treaties and agreements are negotiated and concluded on behalf of the
President. However, in practice, such negotiations are usually carried out by the Prime
Minister along with his Cabinet (especially the Foreign). Also, such treaties are subject to the
approval of the Parliament. The President represents India in international forums and affairs
where such a function is chiefly ceremonial. The President may also send and receive
diplomats, i.e. the officers from the Indian Foreign Service. The President is the first citizen
of the country.
Military powers
The President is the Supreme Commander of the Indian Armed Forces. The President can
declare war or conclude peace,[20] on the advice of the Union Council of Ministers headed
by the Prime Minister. All-important treaties and contracts are made in the President's name.
[25] He also appoints the chiefs of the service branches of the armed forces.

Pardoning Powers / Judicial Powers

The President of India grants, pardons, reprieves or remissions of punishment to any person
who has been convicted by a Court of Law. As mentioned in Article 72 of the Indian
Constitution, the President is empowered with the powers to grant pardons in the following
situations:
 Punishment is for an offence against Union Law
 Punishment is by a Military Court
 Sentence is that of death
The decisions involving pardoning and other rights by the President are independent of the
opinion of the Prime Minister or the Lok Sabha majority. In most cases, however, the
President exercises his executive powers on the advice of the Prime Minister and the cabinet
Thank you