CONSTITUTION – II

NOTES
UNIT 1
 1. Separation of Powers

The concept of Separation of Power is a French concept and was given by Charles de
Montesquieu. According to him, there is a separation of powers among the 3 main organs of
the government which are The Legislature (one that makes laws), The Executive (one that
executes and governs those laws) and The Judiciary (one that adjudicates and interprets those
laws).

Model: Separation of Powers According to Montesquieu

The The
Legislature Executive

The
Judiciary

Here, the functions of these organs do not overlap. They perform their own functions without
interfering into each other.

India’s Concept of Separation of Powers

In India, the distribution of the organs of the government is as follows:

Although these organs have their own functions to perform, India does not follow the rigid
separation of powers.
 India’s model of Separation of Powers:

The The
Legislature Executive

The
Judiciary

Thus, in India the functions of different organs overlap each other and do interfere in some
instances. For example,

➢ President who is an executive performs the functions of legislature at the time while
promulgating the ordinances under Article 123.
➢ President is also responsible for appointing the judges the judges of Supreme Court and
High Court under Articles 124(2) and 217(1) respectively.
➢ President also has the power to grant pardons, reprieves, respites, or commutations of
punishment in certain cases under Article 72.
➢ Parliament which is legislative can also hold the trials and adjudicate the disputes under
Article 323A.
➢ Judiciary can make laws. In the case of Vishakha v State of Rajasthan, the SC issued
guidelines regarding sexual harassment at a work place.

Hence, these are the instances which shows that India’s Separation of Power is not absolute
and is overlapping in nature.
 2. Indian Federalism
The federalism in its general meaning is the distribution of powers between the union and the
state. Federalism is a system of government where power is shared between a central
government and state governments. Both levels of government have their own areas of
authority, as defined by the Constitution which allows them to operate independently while
working together.

Constituents of the Federal Constitution

1. Distribution of Powers – In Indian constitution, it is given in Schedule 7 which provides

3 lists. Union list, State list and Concurrent list.
2. Written Constitution
3. Authority of Courts – provides the power of Ultra Vires to the Courts and they are
independent of both legislative and executive.
4. Rigidity – The constitution is not flexible as the process to amend it is a tough process.
5. Supremacy of Constitution

Whether India is Federal or Not?

India is not Federal India is Federal

1. Article 249 gives power to the ➢ The power is given to the Rajya
parliament to legislate with respect to Sabha and its representatives are
the matter in the state list for the elected by the state.
national interest.
2. Article 356 and 360 talks about ➢ It is obvious that if the state fails, the
President’s power on state emergency union will have the authority.
and financial emergency
respectively.
3. Article 200 and 201 talk about the ➢ The governor signs and adhere to the
assent of bills by the governor and will of the legislature. Union through
president. President or Governor cannot
interfere in the state legislature.
4. Article 256 and 257 talk about the ➢ The power stands with the centre
control and directions of the union over the state to give directions, for
over the state in certain cases. example in the case of law on atomic
energies.

These shows that India is neither Federal nor Unitary,

India is QUASI – FEDERAL.
The federalism in India is notable for its quasi-federal nature of government. A quasi-federal
government is often characterised by a division of power between the centre and the states,
where the centre is relatively more powerful than the states. Basically, there is a combination
of a central and state government of a country, but unlike the federal government, the central
government has more influence over the state government. The state government can make
decisions. However, the central government has the authority to intervene within it.

Yardsticks of Federalism

1. Exclusive control over foreign relations.

In a federation, the national government has ultimate control over major foreign policy
decisions and international relations. The Seventh Schedule of the Indian Constitution
lists entries like diplomacy, defence, war, treaties, and international crimes in the Union
List which grants these powers to the central government.
2. Immunity against secession.
No nation-state is, or can be, immune against territorial secession. India is a union of
states and follows the principle of “Indestructible Union of Destructible States”. Article
1,2, 3 and 4 empowers the Parliament to create new states, alter existing states'
boundaries, areas, or names, without needing the affected state’s consent. While the
President must seek state legislature’s views, Parliament ultimately decides on
territorial changes which makes it paramount in state formation and reorganization.
3. Independent sphere of central authority.
In India, the Union Government operates independently from states, able to collect
taxes and enforce laws directly. It funds national programs that states carry out.
4. Amending the federal constitution.
Under the Indian Constitution, amendments are mainly governed by Article 368 and
Schedule VI. The central government can propose changes, but some amendments
affecting the federal structure need approval from at least half of the states. Article
368(2) specifies which amendments require this state ratification.
5. Indestructible Identity and Autonomy (Same explanation as point 2)
6. Residual and Significant Powers
In India, apart from making three lists in Schedule VII (Union, State and Concurrent
powers), the residuary powers are vested in the Union and not to the states. Entry 97 of
the Union List grants Parliament the power to legislate on any issue that does not fall
under the State List or the Concurrent List. Essentially, it provides a “Residual Power”
 to the Union to address matters of national importance not specifically allocated to
states or covered by the Concurrent List. However, the States under Indian Constitution
do enjoy some “Significant Powers” in all matters listed in List II as well as some in
List III of the same Schedule.
7. Bicameralism and Representation of the state.
In India's federal system, unequal representation in the bicameral (two houses)
Parliament ensures collective federal rule-making. Article 80 of Schedule IV outlines
state seat allocation in the Rajya Sabha, which includes 250 members, with 238 elected
and 12 nominated by the President. This arrangement balances state and national
interests.
8. Two sets of courts.
India has a unified judicial system with the Supreme Court at the top and High Courts
below. Both can interpret the Constitution and laws. Judges are appointed by the Union
in consultation with states. Parliament can create additional courts and tribunals.
9. The Supreme Court – Highest Level of Court
In India, judicial review is explicitly provided by Article 13(2), which, along with
Articles 14 and 32, to ensure that laws violating fundamental rights are invalid. Article
131 grants the Supreme Court original jurisdiction to resolve disputes between the
central government and states, or among states. This establishes the judiciary as a higher
authority to adjudicate rights and disputes between federal and state entities.
10. Clear division of powers.
The Indian Constitution divides powers between the Union and States through Schedule
VII. List I (Union List) give exclusive power to the Union, List II (State List) is for
states with some overlapping Union power, and List III (Concurrent List) allows both
to legislate. In conflicts between Union and State laws on List III entries, Union law
prevails, except as provided in Article 254(2), which allows states to prevail if their law
receives Presidential assent.
 3. Executive Powers of Union

Executive powers are the residue of Judiciary and Legislative powers.

Powers of Executive:

There shall be a President.

Article 52 (WHO)

The President or the Governor of a State is

not answerable to any court for the exercise Executive powers shall be
of their powers and duties, or for any act vested in President.
done in the exercise of those powers and Article 53 (WHAT)
duties.
Article 361(1) Immunity. (no liability)

Extent to which Parliament

has power to make laws,
Executive actions of the List 1 and List 3.
government are taken in the name
Article 73
of President.
Article 77

There shall be a council of

ministers with the PM as the head
The Council of Ministers shall be to aid to aid and advice the
collectively responsible to the president who “shall” in the
house of people. exercise of his functions act in
accordance with such advice.
Article 73(3) (HOW) (binding)
Article 74(1) (HOW)

In the case of Ram Javaya Kapur v State of Punjab [AIR 1955 SC 549], the court stated that
President in India is a formal (nominal) or constitutional head and the real power lies within
the Prime Minister and his Council of Ministers on whose aid and advice the president acts in
exercise of his functions.
 9. Executive Powers of State

There shall be a Governor

for each state.
Article 153 (WHO)

The President or the Governor of a State is

Executive powers shall be
not answerable to any court for the exercise
vested in Governor.
of their powers and duties, or for any act
done in the exercise of those powers and Article 154 (WHAT)
duties.
Article 361(1) Immunity. (no liability)

Extent to which state

legislature has power to
Executive actions of the make laws, List 2 and List 3.
government are taken in the name Article 162
of Governor
Article 166(1)

There shall be a Council of Ministers

with the Chief Minister at the head to
The Council of Ministers shall be aid and advise the Governor in the
collectively responsible to the exercise of his functions, except in so
Legislative Assembly of the state. far as he is by or under this Constitution
required to exercise his functions or any
Article 164(1)
of them in his discretion. (not binding
as seen in the union)
Article 163(1) (HOW)
 4. Election of President and Manner of Election,
Qualification and term of Presidentship, Procedure for
impeachment of President.
Article 54 & 55 – Election of President and Its Manner

The President of India is elected by an electoral college, comprising elected MPs from both
houses of Parliament (Rajya Sabha and Lok Sabha) and elected MLAs from State Legislative
Assemblies and Union Territories. The Election Commission of India conducts and oversees
the elections to ensure a democratic selection process.

In the manner of election of the President, it has been mentioned that the legislative assembly
must maintain uniformity in the scale of “representation” of various states’ elections in India.

Article 56 – Term of office of President

Article 56 of the Indian Constitution states that the President serves a five-year term, starting
from when he enters his office. The President remains in office until a successor is elected,
even if the term ends. The President's term can end earlier if they resign or are impeached for
constitutional violations. Resignation must be addressed to the Vice-President, who then
informs the Speaker of the House of the People.

(1) The President shall hold office for a term of five years from the date on which he enters
upon his office:
Provided that –
(a) the President may, by writing under his hand addressed to the Vice-President, resign his
office;
(b) the President may, for violation of the Constitution, be removed from office by
impeachment in the manner provided in Article 61.
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause
(1) shall forthwith be communicated by him to the Speaker of the House of the People.

Article 58 – Qualification for election as President

To qualify as the President of India, an individual must meet the criteria set out in Article 58 of
the Indian Constitution. These qualifications ensure that only suitable candidates can assume
the highest office in the country. The requirements are:
 • The individual must be a citizen of India.
• The candidate must be at least 35 years old.
• The person must be qualified to be elected as a member of the Lok Sabha, the lower
house of Parliament. This implies that the candidate must meet the general
qualifications for membership of the Lok Sabha, which includes being a registered voter
and not holding any disqualifications.
• The candidate must not hold any office of profit under the Central or State governments,
or under any public authority. This rule prevents conflicts of interest and ensures that
the President can perform their duties impartially.

These qualifications collectively ensure that the President is a mature, experienced, and
impartial leader, committed to the welfare of the nation.

(1) No person shall be eligible for election as President unless he—

(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person 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.
Explanation. —For the purposes of this article, a person shall not be deemed to hold any office
of profit by reason only that he is the President or Vice-President of the Union or the Governor
of any State or is a Minister either for the Union or for any State.

Article 61 – Procedure for the Impeachment of the President

Impeachment process for the President of India:

• A motion to impeach the President for violating the Constitution can start in either the
Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
• To introduce this motion, it must be supported by at least one-fourth of the total
members of the House where the motion is introduced.
• Before moving the motion, a notice of at least 14 days must be given to inform all
members about the intention to introduce the motion.
• The motion must be approved by a two-thirds majority of the total members of the
House where it is introduced.
• The House that passes the motion cannot investigate the charges. Instead, the other
House (the one where the motion was not introduced) will conduct the investigation.
[the house that has initiated the motion cannot investigate. For example, If Rajya Sabha
starts initiation then Lok Sabha will investigate.]
• If the investigating House finds the President guilty, it must pass a resolution by a two-
thirds majority. This resolution will remove the President from office starting from the
date it is passed. [There shall be a violation of the constitution by the President for the
impeachment]

For example:

If Lok Sabha Initiates the motion,

following conditions must be fulfilled:
• It is supported by 1/4th of the total
members of LS.
• A notice of motion must be sent 14
days prior to inform members.
• The motion must be approved by
2/3rd majority.

Rajya Sabha then conducts investigation.

(Lok Sabha cannot investigate).

If the investigation finds President guilty,

the resolution must be passed by 2/3rd
majority. This removes President.
 9. Appointment, Qualification and Term of Governor

Appointment

1. Article 155: The Governor of a state is appointed by the President of India. The
President makes the appointment based on their discretion and advice from the Union
Council of Ministers.

Qualification

1. Article 157: To qualify for the position of Governor, an individual must meet the
following criteria:

• The person must be a citizen of India.

• The person must be at least 35 years old.

• The individual should not hold any office of profit under the state or central
government, or any other public authority, to avoid conflicts of interest.

Term of Office

1. Article 156: The Governor is appointed for a term of five years but holds office at the
pleasure of the President. This means that the President can remove the Governor before
the end of the term, or the Governor can continue in office beyond the five years until
a successor is appointed.
 5. Election and Term of Vice-President
The Vice-President of India is the second-highest constitutional officer, elected by Parliament.
They preside over the Rajya Sabha, act as a backup to the President, and fulfil other duties
assigned by the President or Parliament.

Election

1. Article 66: The Vice-President of India is elected by an Electoral College, which

consists of:

• Members of both Houses of Parliament (Rajya Sabha and Lok Sabha).

• The election is conducted by the Election Commission of India.

2. Procedure:

• Nominations: Candidates for the Vice-Presidency are nominated by members of

the Electoral College.

• Voting: The election is held by a secret ballot using the single transferable vote
system, which is a preferential voting system.

3. Eligibility:

• Article 66: To be eligible for election as Vice-President, a person must be:

➢ A citizen of India.

➢ At least 35 years old.

➢ Eligible to be elected as a member of the Rajya Sabha (Council of

States).

Term of Office

1. Article 67: The Vice-President holds office for a term of five years from the date they
assume office. However:

• They can be re-elected for additional terms.

• The Vice-President can continue in office beyond the five-year term until a
successor is elected and assumes office.
 2. Removal:

• The Vice-President can be removed from office by a resolution passed by the

Rajya Sabha and agreed to by the Lok Sabha. The resolution must be supported
by a majority of the total membership of both Houses.

8. Attorney General of India

The Attorney General (AG) of India is the highest law officer in the country, responsible for
advising the Government of India on legal matters. The role of the AG is defined in Article 76
of the Indian Constitution.

Appointment and Qualifications

The Attorney General is appointed by the President of India on the advice of the Union Cabinet.
To qualify for the position, a person must be:

• A citizen of India.
• Eligible to be appointed as a judge of the Supreme Court, which requires either five
years of experience as a judge in a High Court, ten years as an advocate in a High Court,
or being an eminent jurist in the President’s opinion.

Tenure and Removal

The Constitution does not specify a fixed tenure for the Attorney General. Article 76 states that
the AG holds office during the pleasure of the President, meaning they can be removed at any
time without a specific procedure or grounds for removal mentioned in the Constitution.

Functions

Chief Legal Advisor: The Attorney General advises the Union Government on legal matters
referred by the President.

Representation in Court: The AG represents the Government of India in all legal cases before
the Supreme Court, and also in cases referred to the Supreme Court by the President under
Article 143. The AG has the right of audience in all the courts in the territory of India.

Legal Duties: The AG undertakes any legal duties assigned by the President or conferred by
the Constitution or other laws.
 12. Advocate General of the State
The Advocate General of State is the highest legal officer in a state, appointed by the Governor
as per Article 165 of the Indian Constitution. To qualify for this position, a person must be
eligible to serve as a judge in the High Court, meaning they must be an Indian citizen and meet
the age and experience criteria similar to that of a High Court judge (not more than 62 years
old).

Functions and Powers

Legal Advisor: The Advocate General advises the State Government on legal matters. This
includes any issues of legal character that the Governor or the state government may require
assistance with.

Court Representation: The Advocate General has the right to appear in any court within the
state, representing the state government in legal matters, including cases before the High Court
and Supreme Court.

Legislative Participation: Under Article 177, the Advocate General can speak and participate
in the proceedings of the state legislature and its committees, although they do not have the
right to vote.

Tenure and Remuneration

The Advocate General holds office at the pleasure of the Governor, meaning their tenure is not
fixed and they can be removed by the Governor at any time. Their remuneration is also
determined by the Governor.
 7. Pardoning Power of the President, Council of
Ministers to advise President and other provisions as
to ministers.
The pardoning power allows the President or Governor to forgive or reduce the punishment of
someone convicted of a crime. This power is used to show mercy, correct mistakes in the legal
process, or address special situations where strict punishment may seem unfair. It acts as a
safety net in the justice system to ensure that justice is not only about punishment but also about
fairness and compassion. By using this power, the President or Governor can prevent harsh
penalties in cases where they believe the court's decision might have been too severe or unjust.

Article 72 of the Indian Constitution allows the President of India to show mercy or reduce
punishments for people convicted of crimes. This power is important because it ensures fairness
and compassion in the justice system. The President can use this power in three main situations:

• In all cases where the punishment or sentence is by a Court Martial; (The President
can grant pardons or other forms of clemency to members of the armed forces who have
been sentenced by a military court.)
• In all cases where the punishment or sentence is for an offence against any law relating
to a matter to which the executive power of the Union extends;
• In all cases where the sentence is a sentence of death.

The pardoning power of the President of India includes the power to grant a Pardon,
Commutation, Remission, Respite, or Reprieve.

Pardon: A pardon completely forgives the person for their crime. It erases both the conviction
and the punishment, as if the person never committed the crime.

Commutation: Commutation reduces the severity of the punishment. For example, a death
sentence might be changed to life imprisonment.

Remission: Remission shortens the length of the sentence but doesn't change the type of
punishment. For example, a person sentenced to two years in prison might have their sentence
reduced to one year.

Respite: Respite allows for a lighter sentence because of special circumstances, like the
convict’s health or pregnancy.
Reprieve: Reprieve temporarily delays the execution of a sentence, usually the death penalty,
giving the convict more time to seek a pardon or reduced sentence.

In the Kehar Singh v Union of India (1989) case, the President refused to grant a pardon after
Kehar Singh was convicted for his role in Indira Gandhi's assassination. The petitioners argued
that the conviction was wrong and requested clemency, including an oral hearing. However,
the President denied the pardon, stating that he couldn't reconsider the case's merits, as it had
already been decided by the Supreme Court. The key issue was whether the President could
review the Supreme Court's decision.

The court held that:

• The President can review the merits of a case under Article 72, even after it has been
decided by the courts, including the Supreme Court.
• The scope of the President's power under Article 72 is subject to judicial review,
meaning the courts can examine the President’s decision.
• There is no right for the sentenced person to insist on an oral hearing before the
President.
• The death sentence for Kehar Singh was temporarily suspended.

In the case of Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006) the SC
held that the clemency power of the President and Governor under Article 72 and Article 161
is subject to judicial review.

The court laid down certain grounds on which clemency power can be claimed by the petitioner
for judicial review:

• If the order is passed without any application of mind.

• If the order passed is malafide.
• If the order passed on extraneous or completely irrelevant considerations.
• If the order suffers from arbitrariness.
• If the relevant material has been kept out of consideration.

In Swaran Singh v. State of U.P., the Governor of Uttar Pradesh granted remission of a life
sentence to a State Legislature Minister convicted of murder. This action raised the question of
whether the pardoning power of the President or Governor is arbitrary in nature and whether
the courts have the authority to review such decisions. The Supreme Court acknowledged that,
while the courts generally cannot interfere with the pardoning power under Articles 72 and 161
of the Constitution, this power is not absolute. If such power has been exercised arbitrarily,
mala fide or in absolute disregard of the “finer cannons of constitutionalism”, such order cannot
get approval of law and in such cases, “the judicial hand must be stretched to it.”

Article 74 (Council of Ministers to Aid and Advise the President):

• Clause (1): The Indian Constitution requires the President to have a Council of
Ministers, headed by the Prime Minister, to aid and advise the President in the exercise
of their functions. The President must act based on the advice given by these ministers,
which ensures that the real power lies with the elected representatives, not with the
President who has a ceremonial role.

• Clause (1A): If the President isn't satisfied with the advice given, they can ask the
ministers to reconsider it. However, after the ministers have reviewed and resubmitted
their advice, the President must follow it. This shows that the President's role is more
about formality, while the actual decisions are made by the Council of Ministers.

• Clause (2): This clause protects the confidentiality of the advice given by the ministers
to the President, stating that it cannot be questioned or reviewed by any court.

Article 75 (Other Provisions as to Ministers):

• Clause (1): The President appoints the Prime Minister who is usually the leader of the
majority party in the Lok Sabha. The other ministers are appointed by the President
based on the Prime Minister's recommendations. This shows that the Prime Minister
has control over the composition of the Council of Ministers.

• Clause (1A): Introduced by the 91st Amendment in 2003, this rule limits the number
of ministers including the Prime Minister, to 15% of the total number of members in
the Lok Sabha.

These clauses together form the constitutional framework that governs the relationship between
the President, the Prime Minister, and the Council of Ministers.
 10. Pardoning Power of the Governor Council of
Ministers to advise Governor and other provisions as
to ministers.
Article 161 grants the Governor powers similar to the President under Article 72, allowing
them to pardon, commute, remit, or reprieve sentences. Both can exercise these powers, but
the Governor's authority is limited to offenses related to state laws, while the President's
extends to central laws, court-martial sentences, and death penalties. The key difference lies in
the scope of their jurisdiction, with the Governor's power confined to state matters and the
President's covering broader, national concerns.

A comparison of Pardoning Power of President & Governors is presented in the following

table.

PRESIDENT GOVERNOR

The President can pardon, reprieve, respite, The Governor can pardon, reprieve, respite,
remit, suspend, or commute the punishment or remit suspend, or commute the punishment
sentence of any person convicted of or sentence of any person convicted of
any offence against a Central law. any offence against State law.

The President can pardon, reprieve, respite,

The Governor can only suspend, remit, or
remit, suspend, or commute a death sentence.
commute a death sentence. He/she cannot
He/she is the only authority to pardon a
pardon a death sentence.
death sentence.

The President can grant pardon, reprieve,

respite, suspension, remission, or commutation The Governor does not possess any such
with respect to punishment or sentence by a power.
court martial (military courts).
Article 163 (Council of Ministers to Aid and Advise the Governor):

• Clause (1): The Indian Constitution requires the Governor of a state to have a Council
of Ministers, headed by the Chief Minister, to aid and advise the Governor in the
exercise of their functions. The Governor must act based on the advice given by these
ministers, which shows that the real power lies with the elected representatives at the
state level, not with the Governor, who has a largely ceremonial role.

• Clause (1A): Similar to the President, if the Governor isn’t satisfied with the advice
provided, they can ask the Council of Ministers to reconsider it. However, after the
ministers have reconsidered and resubmitted their advice, the Governor must follow it.
This highlights the formal nature of the Governor’s role, while actual decision-making
power rests with the Council of Ministers.

• Clause (2): This clause ensures that the advice given by the ministers to the Governor
remains confidential, stating that it cannot be questioned or reviewed by any court.

Article 164 (Other Provisions as to Ministers):

• Clause (1): The Governor appoints the Chief Minister, who is usually the leader of the
majority party in the State Legislative Assembly. The other ministers are appointed by
the Governor based on the Chief Minister’s recommendations. This setup shows that
the Chief Minister has control over the composition of the Council of Ministers at the
state level.

• Clause (1A): Similar to the central level, the 91st Amendment in 2003 also applies to
the states, limiting the number of ministers, including the Chief Minister, to 15% of the
total strength of the State Legislative Assembly.

These clauses together form the constitutional framework that governs the relationship between
the Governor, the Chief Minister, and the Council of Ministers.
 6. Prime Minister
Appointment

The President appoints the Prime Minister under Article 75 of the Indian Constitution. Article
74(1) establishes a Council of Ministers, led by the Prime Minister, to aid and advise the
President.

75(1A): Introduced by the 91st Amendment in 2003, this rule limits the number of ministers
including the Prime Minister, to 15% of the total number of members in the Lok Sabha.

Functions

1. Leader of the Country: As the head of the government, the Prime Minister is the most
senior officer in the executive branch. They lead the nation and represent the
government in all major national and international affairs.

2. Portfolio Allocation: The Prime Minister has the authority to allocate different
responsibilities (portfolios) to the ministers in the Cabinet. This means they decide
which minister will be in charge of which department or ministry to ensure that the
government's work is divided effectively.

3. Chairman of the Cabinet: The Prime Minister presides over Cabinet meetings, where
major decisions about the country's governance are made. In case of disagreements
among ministers, the Prime Minister's decision is final.

4. Official Representative of the Country: The Prime Minister represents India at high-
level international meetings and conferences, acting as the face of the nation in global
affairs.

5. Link Between the President and the Cabinet: The Prime Minister serves as the key
communication link between the President of India and the Cabinet to ensure that the
President is informed about all important decisions and legislative proposals made by
the Cabinet.

6. Head of Key Bodies: The Prime Minister leads several crucial bodies, including the
Nuclear Command Authority, NITI Aayog, and the Appointments Committee of the
 Cabinet. They also oversee departments like Atomic Energy, Space, and Public
Grievances.

7. Chief Advisor to the President: The Prime Minister is the President’s chief advisor,
guiding them on important decisions and ensuring that the President’s actions align with
the government's policies and priorities.

Eligibility

• A citizen of India.

• A member of either Rajya Sabha or Lok Sabha.

• He should have completed his 30 years if he is a member of the Rajya Sabha or can be
25 years of age if he is a member of the Lok Sabha.

Term

The duration of the Prime Minister's term is not fixed, and they hold the position at the pleasure
of the President. However, this does not mean the President can remove the Prime Minister at
any time.

As long as the Prime Minister maintains majority support in the Lok Sabha, He/She cannot be
dismissed by the President. But, if he/she loses the confidence of the Lok Sabha, he/she must
resign, or the President may dismiss him/her.

Article 75(2) states that ministers hold office during the pleasure of the president. The term
minister also includes the prime minister of India. However, Lok Sabha and the lower house of
the parliament should have confidence in the prime minister. In that case, the Prime Minister
can be removed by “vote of no confidence” in which case a simple majority of members of
Lok Sabha can terminate the Prime Minister from his position before the tenure of the Lok
Sabha. In the 72 years of history, only three prime ministers have been removed by this
procedure. They were I.K Gujaral, H.D Deve Gowda and Atal Bihari Vajpayee. And also, the
Prime Minister of India can resign from this position of his own will. The only prime minister
to do it was Morarji Desai.
In the case of Samsher Singh v State of Punjab (1974), the SC discussed the discretion of
President when there is no majority and no power.

1. The Appointment of PM/CM.

2. Dismissal or Refusal to quit – When the PM refuses to quit when asked by the President,
he can dismiss the PM.
3. Dissolution of the House.

When there is no majority in the house, the President has the power to ask the existing PM to
continue until fresh elections. This form of government is called “Care Taker Government”.

11. Chief Minister

Appointment

• The Governor appoints the Chief Minister under Article 164 of the Indian Constitution.
The Chief Minister is typically the leader of the majority party or coalition in the State
Legislative Assembly.
• Article 164(1): The Chief Minister is appointed by the Governor, and other ministers
are appointed by the Governor on the advice of the Chief Minister.
• Article 164(1A): Introduced by the 91st Amendment in 2003, this rule limits the
number of ministers, including the Chief Minister, to 15% of the total strength of the
State Legislative Assembly.

Functions

1. Leader of the State: As the head of the state government, the Chief Minister is the
most senior officer in the state's executive branch. They lead the state and represent the
state government in all major state and national affairs.
2. Portfolio Allocation: The Chief Minister has the authority to allocate different
responsibilities (portfolios) to the ministers in the state Cabinet. This means they decide
which minister will be in charge of which department or ministry, ensuring that the
state's work is divided effectively.
3. Chairman of the State Cabinet: The Chief Minister presides over state Cabinet
meetings, where major decisions about the state's governance are made. In case of
disagreements among ministers, the Chief Minister's decision is final.
 4. Official Representative of the State: The Chief Minister represents the state in
interactions with the central government and in various national and international
platforms, acting as the face of the state.
5. Link Between the Governor and the State Cabinet: The Chief Minister serves as the
key communication link between the Governor and the state Cabinet, to ensure that the
Governor is informed about all important decisions and legislative proposals made by
the Cabinet.
6. Head of Key State Bodies: The Chief Minister leads several crucial state bodies and
committees that oversee various aspects of state administration, including planning,
development, and public welfare.
7. Chief Advisor to the Governor: The Chief Minister is the Governor’s chief advisor
on state matters, guiding them on important decisions and to make sure that the
Governor’s actions align with the state government’s policies and priorities.

Eligibility

• Must be a citizen of India.

• Must be a member of the State Legislative Assembly or, in some cases, the State
Legislative Council.
• Must be at least 25 years old.

Term

The Chief Minister’s term is not fixed and is dependent on maintaining majority support in the
State Legislative Assembly.

• Article 164(2): States that ministers, including the Chief Minister, hold office during
the pleasure of the Governor. However, this does not mean the Governor can remove
the Chief Minister at any time.

If the Chief Minister loses the confidence of the State Legislative Assembly, they must resign,
or the Governor may dismiss them. The Chief Minister can be removed through a "vote of no
confidence" by a simple majority in the State Legislative Assembly. The Chief Minister can
also resign voluntarily from the position.