PRELIM BITS

Polity Notes Module – 7

Notes For CSE25
By Roman
5/13/2024

© 2024 Prelim Bits. All Rights Reserved.

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Table of Contents
President .............................................................................................................................................. 5
Introduction ..................................................................................................................................... 5
President: Executive Head of the Government ........................................................................... 5
President → Executive Power: Meaning ....................................................................................... 6
Exercise the Powers in Accordance with the Constitution .......................................................................... 6
Exercise the Powers ‗Directly‘ ................................................................................................................................ 6
Exercise through Officers‘ Subordinate to Him .............................................................................................. 7
Election of the President → Electoral College (Art. 54) .............................................................. 7
Manner of Election (Art. 55) .......................................................................................................... 7
Proportional Representation System.................................................................................................................. 8
Single Transferable Vote System ......................................................................................................................... 9
Republic and Manner of Election of the President..................................................................................... 10
Can Political Parties Abstain from the Election ............................................................................................ 10
Eligibility for re-election ....................................................................................................................................... 11
Dispute in Election ........................................................................................................................ 11
Qualifications, Oath and Conditions ........................................................................................... 12
Qualifications............................................................................................................................................................ 12
Oath or Affirmation by the President .............................................................................................................. 12
Conditions of President‘s Office (Article 59) ................................................................................................. 12
Term, Impeachment and Vacancy ............................................................................................... 13
Term of President‘s Office ................................................................................................................................... 13
Impeachment of President .................................................................................................................................. 13
Vacancy in the President‘s Office ...................................................................................................................... 14
Powers and Functions of the President ...................................................................................... 15
Executive Powers..................................................................................................................................................... 15
Legislative Powers .................................................................................................................................................. 15
Financial Powers ...................................................................................................................................................... 16
Judicial Powers......................................................................................................................................................... 16
Diplomatic Powers ................................................................................................................................................. 17
Military Powers ........................................................................................................................................................ 17
Veto Power of the President ............................................................................................................................... 17

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Ordinance making Power of the President ................................................................................................... 18

Pardoning Power of the President (Article 72)............................................................................................. 19
Constitutional Position of the President ........................................................................................................ 22
Some reform in this regard ................................................................................................................................. 23
President → Situational discretionary Power ............................................................................................... 23
Miscellaneous / Current ............................................................................................................... 23
Facts about Presidents of India ......................................................................................................................... 23
Rashtrapatni : The controversy .......................................................................................................................... 25
Can the govt claim immunity when entering contracts under the President‘s name ................... 25
Vice President .................................................................................................................................... 27
Introduction ................................................................................................................................... 27
Election ........................................................................................................................................... 27
Electoral College is different ............................................................................................................................... 27
Qualifications ................................................................................................................................. 27
Oath ................................................................................................................................................ 28
Conditions of Office ...................................................................................................................... 28
Term of Office ............................................................................................................................... 28
Vacancy in Office ........................................................................................................................... 29
Election Disputes ........................................................................................................................... 29
Powers and Functions ................................................................................................................... 29
Emoluments ................................................................................................................................... 29
Indian And American Vice-presidents ........................................................................................ 30
Prime Minister ................................................................................................................................... 31
Appointment ................................................................................................................................. 31
No party has a clear majority ............................................................................................................................. 31
Prime Minister in office dies suddenly ............................................................................................................ 31
SC Ruling regarding Appointment of PM ...................................................................................................... 31
Horse-trading: What does it mean? ............................................................................................ 32
Oath ................................................................................................................................................ 32
Term ................................................................................................................................................ 32
Salary .............................................................................................................................................. 33
Powers and Functions of the Prime Minister ............................................................................. 33

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In Relation to Council of Ministers ................................................................................................................... 33

In Relation to the President ................................................................................................................................ 33
In Relation to Parliament ..................................................................................................................................... 33
Relationship with the President .................................................................................................. 34
Article 74 .................................................................................................................................................................... 34
Article 75 .................................................................................................................................................................... 34
Funds under PM ............................................................................................................................ 34
PM National Relief Fund ...................................................................................................................................... 34
National Defence Fund ......................................................................................................................................... 35
PM CARES Fund ...................................................................................................................................................... 35
Chief Ministers Who Became Prime Ministers .......................................................................... 35
Facts about Indian Prime Ministers ............................................................................................ 36
Three Prime Ministers died in Office (Die in harness) ............................................................................... 36
Articles Related to PM .................................................................................................................. 37
Council Of Ministers ......................................................................................................................... 38
Introduction ................................................................................................................................... 38
Article 74 - COM to aid and advise President ............................................................................ 38
Article 75 - Other Provisions as to Ministers ............................................................................. 38
Article 77 - Conduct of Business of the Government of India ................................................. 39
Article 78 - Duties of Prime Minister .......................................................................................... 39
Article 88 - Rights of Ministers as Respects the Houses .......................................................... 39
Nature of Advice by Ministers ..................................................................................................... 40
Appointment of Ministers ............................................................................................................ 40
Oath and Salary of Ministers ....................................................................................................... 40
Responsibility of Ministers .......................................................................................................... 40
Collective Responsibility....................................................................................................................................... 40
Individual Responsibility ...................................................................................................................................... 41
Composition of the Council of Ministers ................................................................................... 41
Cabinet Ministers .................................................................................................................................................... 42
Ministers of State .................................................................................................................................................... 42
Deputy Ministers ..................................................................................................................................................... 42
Cabinet Vs. Council of Ministers ................................................................................................. 42

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Role of Cabinet ........................................................................................................................................................ 43

Kitchen Cabinet ............................................................................................................................. 43
Cabinet Committees ......................................................................................................................... 45
Introduction ................................................................................................................................... 45
Who constitutes ............................................................................................................................ 45

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President
Introduction
 India has adopted the PARLIAMENTARY FORM OF GOVERNMENT which requires that
there must be Dual Executive - Titular and Real.
 The English parliamentary democracy has a constitutional monarch acts as the titular head.
 Since, India did not have an Emperor, the office of the President was established by the
constitution.
 Article 52 establishes the office of the President of India. The President of India is
integral part of Parliament and the head of the executive in India.
 He is the First Citizen of India and acts as the symbol of unity, integrity and solidarity of
the nation.
Union Executive → President, Vice-President, PM, COM and AG

President: Executive Head of the Government

 The office of the President is modelled on the American and makes the President the
executive head of the State.

 Article 53 provides that ‗the executive power of the Union shall be vested in
the President‟. It also makes the President the supreme commander of the armed
forces. According to Article 53, ‗the Presidentshall exercise the Executive Power either
Directly or through Officers’ Subordinate to him, in Accordance With The Constitution’.
 Following important concepts can be drawn from this article →
o Executive power
o Exercise the powers in accordance with the constitution
o Exercise the powers directly
o Exercise through officers‘ subordinate to him

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President → Executive Power: Meaning

 The term ‗Executive Power‘ is not defined in the constitution.
 The constitution does not clearly demarcate what the executive powers of the
President are.
 It has two characteristics namely →
o Multidimensional
o Residuary in nature

 The ‗Executive Power‟ is Multidimensional as it includes a variety of powers such as

the power to draft and initiate legislations, adjudicate in certain cases, etc. It generally
means all those powers required to carrying out the administration. It is impossible to
define the executive power and draw up an exhaustive list of executive power.

 It is in the nature of ‗Residuary‟ power. The constitution clearly demarcates the

powers of the Parliament and the judiciary but it does not demarcate the powers of
the executive. Residuary nature of the executive power refers to the powers that remain
after removing the powers of the Parliament and the judiciary.

Exercise the Powers in Accordance with the Constitution

 It means that the President has to exercise his powers without infringing upon the
constitutional provisions. Such as →
o Without violating the fundamental rights
o With the aid and advice of the Council of Ministers
o Subjected to judicial review

 In any case the President cannot go beyond the limits of the constitution. Therefore,
it implies that the President cannot become a „dictator‟ although the constitution vests in
him all the executive powers of the Union of India.

Exercise the Powers ‘Directly’

 Means that the President can exercise his powers without the ‘aid and advice’ of
the Council of Ministers. It does NOT MEAN that the President can apply his personal
„discretion‟ in exercising his powers.
 There are certain circumstances in which the President will have to act without the
advice.
 Such circumstances are those in which the President has to →
o Comply with the conditions of the constitution.
o Apply his judgment to satisfy the requirements of the constitution.
o Apply his judgment to „protect, preserve and defend‟ the constitution.

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o Apply his judgment in his personal capacity

Exercise through Officers’ Subordinate to Him

 The President can delegate his powers to any officer who he appoints under the
Government of India.
 Article 77: President is empowered to make rules for the more convenient transaction
of the business of the GoI and for allocation among ministers of the said business‟. It
implies that →
 The President has the power to create ministries and department, appoint and assign
portfolios to the ministers. According to the Supreme Court, the term “officers
subordinate” includes the Council of Ministers also.

Election of the President → Electoral College (Art. 54)

 ELECTED MEMBERS of Parliament, SLA & UT of Delhi and Puducherry
 Thus, the President is Elected Indirectly and the citizens do not play any direct role in
the election
 Nominated Members are Not invited here.
[Election of President also held if the assembly of one or more states stand dissolved at the
time of election]

Manner of Election (Art. 55)

 Proportional Representation and by means of the Single Transferable Vote (PRSTV) →
exercised in a Secret Ballot [Art. 55]
 There shall be uniformity in the scale of representation of different states as well as
parity between the states as a whole and the Union at the election of the President.
 To achieve this constitution provides for a Special Formula based on the population of
each State [1971] and the number of elected Member of Parliament and LA of each
State.
o 42nd Amendment, and extended by the 84th Amendment, with the intention to
encourage family planning programs in the states by ensuring that states are not
penalised for lowering their population growth and development

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The value of the votes of the members of state legislatures [LA] and of Parliament is
calculated in the following manner →

Value of vote of MPs

 According to the EC, the value of the vote of a Member of Parliament (MP) has gone
down to 700 from 708 in the presidential poll (2022) due to the absence of a legislative
assembly in Jammu and Kashmir.

 MP‟s vote was maximum at 723 in the 1974 election since the population of the 1971
census was taken as the benchmark calculating this value. The value of MPs' votes had
come down to 702 in the 1977 presidential poll and had again increased to 708 in the
1997 election, which continued till the last presidential poll.

 The value of the vote of an MP in a presidential election is linked to the number of elected
members in legislative assemblies of states and UTs, including Delhi, Puducherry and
Jammu and Kashmir. Currently, J&K doesn‘t have an assembly.

 The value of vote of each MLA varies in different states.

o For example, in Uttar Pradesh, the value of vote of each MLA is 208, followed by
176 in Jharkhand and Tamil Nadu. The value of each MLA‘s vote from Maharashtra is
175.

Proportional Representation System

 System of proportional representation the election system under which any contestant
who secures the necessary Quota of votes is declared elected.
 The most common method of determining the quota is to divide the total number of
valid votes cast by the total number of seats in the constituency plus one and adding
one to the quotient. Suppose →
 There are 100 valid voting papers and four seats are to be filled up. In order, therefore, to
determine the quota 100 is divided by 4 plus 1, that is, 5 and the quotient arrived at,
namely 20, is increased by one so that the quota is 21. After →
 The quota is fixed, any candidate whose total number of First Preference votes is equal
to or exceeds the quota is forthwith declared elected

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The Proportional representation system prevents the minorities being excluded and they be
represented adequately and effectively in all the political processes. It provides for the
representation of the opinion of every section of the society. In the process the minorities do
not get excluded.
On the other side in the ordinary system of election which is known as ‗First To Past The Post
System‘, a candidate who secures maximum number of votes is declared elected.

Single Transferable Vote System

 Single transferable vote means that each voter will have only one vote whatsoever
number of candidates contesting in the election.
 In the election of the President each elector marks only his preference and does not vote
for any one candidate alone. For instance →
 If there are four contestants in the election, then the elector indicates Four Preferences
in succession as his first, second, third and fourth preference.
 At the time of declaring results, the candidate who secures the quota of ‗First
Preference‟ votes as calculated above will be declared elected.
 In case no candidate has secured the required quota of ‗first preference‘ votes, then the
candidate who secured the least number of votes is excluded from the election.
 After exclusion the votes polled by the excluded candidate is distributed among the
rest of the contestants on the basis of the ‗second preference‘ marked.
For instance
 Let us assume that there are four contestants namely, A, B, C and D. Of these →
 D has received the least number of ‗First Preference‟ votes, then, he will be excluded.
 The electors who had preferred D as their First Preference would have marked their
Second Preference to A or B or C. Accordingly →
 The votes of the number of electors who had preferred A as their second preference
would be added to the votes polled by A and so on to B and C respectively.
 This process is continued until any one of the contestants secures the required Quota
and emerges victorious.
 Single transferable vote system helps avoiding multiple rounds of election.
 Although, the above procedure is established in accordance with the constitutional
provisions and the President and Vice President Elections Act. As a matter of convention,
the President of India is elected by means of consensus of all political
parties - Ruling and the Opposition.
 However, in 2002, when Dr A. P. J. Abdul Kalam was fielded as the NDA candidate in the
President‘s election, the Left parties refused to accept this convention on the ground
that it was against the principle of democracy.

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 Candidate can campaign for presidential election but, in that process, he must not
use any of his official facilities, in case he was an incumbent in any office that does not
prevent him from contesting the election.

Republic and Manner of Election of the President

 Although the President of India is not elected by the people directly, India is still a
„Republic‟. The constitution prescribes certain conditions which injects the republican
character into the constitution and makes it a truly republican constitution. The
conditions are as follows →
1. The Electoral College to elect the President includes the elected members of the
State Legislative Assembles also.
2. A Special Formula has been prescribed to calculate the value of the votes of the
MLAs and MPs.
3. The President is elected by a system of proportional representation. President‘s
Election and Party whip:
 Another important issue with regard to the election to the office of President is that party
whip will not be binding on the voters. (Secret ballot – kisi ko kya pta chalega)

Can Political Parties Abstain from the Election

 The issue of whether the political parties abstain from voting in the President‘s election
came up in 2007. According to the Election Commission, the parties have the right to
decide regarding participating in the election to the office of President. Therefore, the
parties have the right to abstain from the election.

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Eligibility for re-election

 The explanation in Article 58 excludes the office of the President from being considered
as an office of profit for the purpose of election to the office of the President.
 Further, Article 57 expressly provides that the President is eligible for re-election.
 However, except the first President of India, Rajendra Prasad, no other President had
chosen to contest for re-election.
 Hence, as a convention, it was considered that any President of India can have a
maximum of two terms.
 Based on this convention in 2002, President Dr K. R. Narayanan, expressed the
willingness to contest for the second term. However, the BJP headed National
Democratic Alliance (NDA) government was unwilling to give him second term as he
belonged to Congress party.
 It was argued that no President other than the first President chose to contest for the
second term and so, it is an established convention that the President of India shall
have only a single term.
 There was another demand to elevating the Vice President to presidency because it is
another established convention since the constitution came into force.
 However, the NDA broke this convention and made Dr A. P. J. Abdul Kalam as the
presidential candidate. Similarly, in 2012, the incumbent Vice President Dr Hameed
Ansari was re-elected as Vice President setting a new convention.
 Thus, it is now settled that the President of India shall have only one term as a
convention and there is no need to elevate the Vice President to presidency.

Dispute in Election
 Article 71 provides for the settlement of any ‗doubts or disputes arising out of or in
connection with‘ the election to the office of the President.
 The power to inquire on to any such disputes is vested in the Supreme Court.
 The decision of the court is final and no appeal lies against the order of the court.

 In case, the court sets aside (invalidate) the election to the office, the acts done by him in
the exercise and performance of his powers or discharging his duties as President shall
not be invalidated.
 Further, the Parliament is empowered to make law to regulate the election to the office
of the President and Vice President.
 The election can be challenged only by a person who had been a candidate in the election
and no public interest litigation in this connection is entertained.
 The election can be challenged only after the completion of the process of election. This
means the process of election cannot be suspended in the middle.

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o This is because Article 62 mandates that the election to the office must be
completed with the time prescribed.
 11th Amendment Act, inserted Article 71 (4), which provides that the election ‘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‘.

Qualifications, Oath and Conditions

Qualifications
 Citizen of India | 35 years of age
 Qualified for election as a member of the Lok Sabha
 Not hold any office
 Must be subscribed by at least 50 electors as proposers and 50 electors as seconders
 Every candidate has to make a security deposit of ₹15,000 in the RBI → forfeited in case
the candidate fails to secure one-sixth of the votes polled.
o Before 1997, it was Rs 2,500.

Oath or Affirmation by the President

 President sworn →
o to faithfully execute the office;
o to Preserve, Protect and Defend [PPD] the Constitution and the law; and
o to devote himself to the service and well-being of the people of India.

 The oath of office to the President is administered by the Chief Justice of India and in his
absence, the senior most judge of the Supreme Court available.
 Any other person acting as President or discharging the functions of the President also
undertakes the similar oath or affirmation.

Conditions of President’s Office (Article 59)

 He should not be a member of either House of Parliament or a House of the state
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legislature.
 Not hold any other office of profit.
 Rastrapathi Bhavan → without payment of rent
 Entitled to such emoluments, allowances and privileges as may be DETERMINED BY
PARLIAMENT.

 His emoluments and allowances cannot be diminished during his term of office.
 President → Privileges & Immunities →
o He enjoys personal immunity from legal liability for his official acts.
o Immune from any criminal proceedings, even in respect of his personal acts. He
cannot be arrested or imprisoned.
o Two months‟ notice, civil proceedings can be instituted against him during his
term of office in respect of his personal acts.

Term, Impeachment and Vacancy

Term of President’s Office
 Hold office for five years. However, he can resign at any time by addressing the
resignation letter to the Vice-President.

 Also be removed by the process of Impeachment.

 The President can hold office beyond his term of five years until his successor assumes
charge.
 The Constitution puts No Bar in making the president eligible for re-election. He can be
elected for any number of terms
o But as the Convention follows No Person (other than Dr. Rajendra) Prasad has
occupied office of president for two
Impeachment of President
 Impeached for ‘violation of the Constitution’. [VoC is not define in constitution]
 Impeachment charges can be initiated by Either House of Parliament.
 These charges should be signed by 1/4th members of the House (that framed the charges),
and a 14 days‟ notice should be given to the President.
 Resolution must be passed by a majority of two-thirds of the total membership of that
House, it is sent to the other House, which should investigate the charges.
 The President has the right to appear and to be represented at such investigation.
 If the other House also sustains the charges and passes the impeachment resolution by
a majority of two-thirds of the total membership, THEN the President stands removed
from his office from the date on which the resolution is so passed.

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 Quasi-Judicial procedure in the Parliament.

Not invited
Elected members of the Legislative Assemblies of states + Elected members of Delhi &
Puducherry
 No President has so far been impeached.

Vacancy in the President’s Office

 A vacancy in the President‘s office can occur in any of the following ways:
o On the expiry of his tenure of five years.
o By his resignation.
o On his removal by the process of impeachment.
o By his death.
o Otherwise, for example, when he becomes disqualified to hold office or when his
election is declared void.
 When the vacancy is going to be caused by the expiration of the term of the sitting President,
an election to fill the vacancy must be held before the expiration of the term.
o In case of any delay in conducting the election of new President by any reason, the
outgoing President continues to hold office (beyond his term of five years) until
his successor assumes charge.
o This is provided by the Constitution in order to prevent an ‗interregnum‘. In this
situation, the Vice-President does not get the opportunity to act as President or to
discharge the functions of the President.
 If the office falls vacant by resignation, removal, death or otherwise, then →
o Election to fill the vacancy should be held within six months from the date of the
occurrence of such a vacancy.
 Till then Vice-President acts as the President.
o The newly-elected President remains in office for a full term of five years from
the date he assumes charge of his office.
 When the sitting President is unable to discharge his functions due to absence, illness or any
other cause, then →
o Vice - President discharges his functions until the President resumes his office.
o In case the office of Vice-President is vacant, the Chief Justice of India (or if his
office is also vacant, the senior most judge of the Supreme Court available) acts as
the President or discharges the functions of the President.
 Acting as the President or discharging the functions of the President, he enjoys all the

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powers and immunities of the President and is entitled to such emoluments, allowances
and privileges as are determined by the Parliament.

Powers and Functions of the President

Executive Powers
 All executive actions of GOI formally taken in his name.
 He can make rules specifying the manner in which the orders and other instruments made
and executed in his name shall be authenticated.
 He can make rules for more convenient transaction of business of the Union, and for
allocation of the said business among the ministers.
 He Appoints
o The PM and the other ministers. They hold office during his pleasure (DHP).
o Attorney General [DHP]
o CAG, ECI and other election commissioners, , Chairman and Members of The
UPSC, Judges of SC & CJ of HC, Governors Of States, Chairman And Members
Of Finance Commission, and so on.
 He can seek any information relating to the administration of affairs of the Union, and
proposals for legislation from the prime minister.
 He can require the Prime Minister to submit, for 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.
 He can appoint a commission to investigate into the conditions of SCs, STs and other
backward classes.
 He can appoint an inter-state council
 He directly administers the union territories through administrators
 He can declare any area as scheduled area and has powers with respect to the
administration of scheduled areas and tribal areas.

Legislative Powers
 Summon or Prorogue the Parliament and dissolve the Lok Sabha. He can also summon a
Joint Sitting
 He under Art. 87 (1) address the Parliament at the commencement of the first session
after each general election and the first session of each year.
 He can appoint any member of the Lok Sabha or RS to preside over its proceedings
when the offices of both the Speaker or Chairman and the Deputy Speaker or DC fall
vacant.

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 He nominates 12 members of the Rajya Sabha → persons experience in literature,

science, art and social service.
 He decides on questions as to disqualifications of members of the Parliament, in
consultation with the Election Commission.
 His Prior recommendation or permission is needed to introduce certain types of bills in
the Parliament. Eg. Money bills
 When a bill is sent to the President after it has been passed by the Parliament, he can:
o Give His Assent to the bill, or
o Withhold His Assent to the bill, or
o Return The Bill (if it is not a money bill) for reconsideration of the Parliament.
 However, if the bill is passed again, with or without amendments, the
President has to give his assent to the bill.
 In case of state Bills reserved by the governor for consideration of the President, the
President can:
o Give His Assent to the bill, or
o Withhold His Assent to the bill, or
o Direct The Governor To Return The Bill for reconsideration. It is not obligatory
for the President to give his assent even if the bill is again passed by the state
legislature and sent again to him for his consideration.
 He can Promulgate Ordinances when the Parliament is not in session. These
ordinances must be approved by the Parliament within SIX WEEKS from its reassembly.
He can also withdraw an ordinance at any time.

Financial Powers
 Money bills can be introduced in the LS only with his prior recommendation.
 He causes to be laid before the Parliament the annual financial statement (ie, the Union
Budget).
 No demand for a grant can be made except on his recommendation.
 He can make advances out of the Contingency Fund of India to meet any unforeseen
expenditure.
 He constitutes a Finance Commission after every 5 years or earlier to recommend the
distribution of revenues between the Centre and the states.

Judicial Powers
 He appoints the Chief Justice and the judges of Supreme Court and high courts.
 He can seek advice from the Supreme Court on any question of law or fact. However, the
advice tendered by the Supreme Court is not binding on the President.

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 He can Grant pardon, reprieve, respite and remission of punishment, or suspend, remit
or commute the sentence of any person convicted of any offence →
o In all cases where the punishment or sentence is by a court martial;
o In all cases where the punishment or sentence is for an offence against a Union law;
and
o In all cases where the sentence is a sentence of death.

Diplomatic Powers
 The international treaties and agreements are negotiated and concluded on behalf of
the President. (subject to the approval of the Parliament)
 He represents India in international forums and affairs and sends and receives
diplomats like ambassadors, high commissioners, and so on.

Military Powers
 He is the supreme commander of the defence forces of India.
 He appoints the chiefs of the Army, the Navy and the Air Force.
 He can declare war or conclude peace, subject to the approval of the Parliament.

Veto Power of the President

 A bill passed by the Parliament can become an act only if it receives the assent of the
President.
 When such a bill is presented to the President for his assent, he has three alternatives under
Article 111 (discussed earlier)
o He may give his assent to the bill, or
o He may withhold his assent to the bill, or
o He may return the bill (if it is not a Money bill) for reconsideration of the Parliament.
 However, if the bill is passed again by the Parliament with or without
amendments and again presented to the President, the President must give
his assent to the bill.
 The Constitution of India does not prescribe any time-limit within which the President has
to take decision with respect to a bill presented to him for his assent. Thus the President of
India can simply keep the bills pending for an indefinite period.
 The objective of such power →
o to prevent hasty and ill-considered legislation by the Parliament; and
o to prevent a legislation which may be unconstitutional.

 Exception → The President has no veto power when it comes to the constitutional
amendment bills.

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Absolute Veto
 It refers to the power of the President to withhold his assent to a bill passed by the
Parliament. The bill then ends and does not become an act.
 Generally Used in Following Two Cases:
o In Private Member Bill.
o When the cabinet resigns before the President could give his assent to the bill.

Suspensive Veto
 The President uses a suspensive veto when he returns the bill to the Indian Parliament
for its reconsideration.
 If the Parliament resends the bill with or without amendment to the President, he has to
approve the bill without using any of his veto powers.
 Exception: The President cannot exercise his suspensive veto in relation to Money Bill.
Pocket Veto
 The bill is kept pending by the President for an indefinite period
 He Neither rejects the bill nor returns the bill for reconsideration.
 Unlike the American President who has to resend the bill within 10 days, the Indian
President has no such time-rule.
Veto over State Bills
 The governor is empowered to reserve certain types of bills passed by the
state legislature for the consideration of the President.
 The President can withhold his assent to such bills not only in the first instance but
also in the second instance.
 Thus, the President enjoys absolute veto (and not suspensive veto) over state bills.
 Further, the President can exercise pocket veto in respect of state legislation also.

Ordinance making Power of the President

 Article 123 empowers the President to promulgate ordinances during the recess of
Parliament.

 These are only Temporary Laws to deal with unforeseen or urgent matters.
 subject to the following four limitations:
o He can promulgate an ordinance only when both the Houses of Parliament are
not in session or when either of the two Houses of Parliament is not in session.
o An ordinance made when both the Houses are in session is void. Thus, the power
of the President to legislate by ordinance is not a parallel power of legislation.
 He can make an ordinance only when he is satisfied that it necessary for him to take

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immediate action. President‟s satisfaction is justiciable on the ground of malafide.

 Every ordinance must be laid before both the Houses of Parliament when it reassembles.
If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no
action at all, the ordinance ceases to operate on the expiry of six weeks from the
reassembly of Parliament.
 Maximum life of an ordinance can be six months and six weeks, in case of non-approval
by the Parliament (six months being the maximum gap between the two sessions of
Parliament).
 If an ordinance is allowed to lapse without being placed before Parliament, then the
acts done and completed under it, before it ceases to operate, remain fully valid and
effective.
 The President can also withdraw an ordinance at any time, BUT only on the advice of
the council of ministers headed by the prime minister.
 Cannot be issued to amend the Constitution.

Pardoning Power of the President (Article 72)

 President grant pardons to persons who have been tried and convicted of Any Offence in
all cases where the →
o Punishment or sentence is for an offence against a Union Law;
o Punishment or sentence is by a court martial (military court); and
o Sentence is a sentence of death.

 The pardoning power of the President is independent of the Judiciary; it is an Executive

Power.
 The pardoning power of the President includes the following →
o Pardon → It removes both the sentence and the conviction and completely absolves
the convict from all sentences, punishments and disqualifications.
o Commutation → It denotes the substitution of one form of punishment for a
lighter form. For example, a death sentence may be commuted to rigorous
imprisonment, which in turn may be commuted to a simple imprisonment.
o Remission → It implies reducing the period of sentence without changing its
character. For example, a sentence of rigorous imprisonment for two years may be
remitted to rigorous imprisonment for one year.
o Respite → It denotes awarding a lesser sentence in place of one originally
awarded due to some special fact, such as the physical disability of a convict or the
pregnancy of a woman offender.
o Reprieve → It implies a stay of the execution of a sentence (especially that of
death) for a temporary period.
 The power is to be exercised by the President on the advice of the union cabinet.

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 The President is not bound to give reasons for his order.

 There is no need for the Supreme Court to lay down specific guidelines for the exercise
of power by the President.
 The exercise of power by the President is not subject to judicial review EXCEPT where the
presidential decision is ARBITRARY, IRRATIONAL, MALAFIDE OR DISCRIMINATORY.
 Where the earlier petition for mercy has been rejected by the President, stay cannot be
obtained by filing another petition.

Article 161 → Governor of a state also possesses the pardoning power. But, the pardoning
power of the governor differs from that of the President in two respects →
 In Court Martial & Death Sentence he has no pardoning powers

President’s Power to Pardon Death Sentence

 With respect to the need for the power to pardon death sentence, the Law Commission of
India, in its Report on Capital Punishment (1967), noted →

o There are many matters which may not have been considered by the courts. The
hands of the court are tied down by the evidence placed before it.

o The commission noted that whenever justice and humanity demanded, mercy must
be shown. After all, ‗law is made for man and justice is much more than mere codes
and precedents‘.

o A sentence of death passed by a court after consideration of all the materials placed
before it may yet require reconsideration because of:

 Facts not placed before the court.

 Facts placed before the court but not in the proper manner.

 Acts discovered after the passing of the sentence.

 Events which have developed after the passing of the sentence.

 Other special features.

o However, the commission also noted that to codify these special features would be
impossible. Noting these reasons, the commission chose not make any
recommendation to change in the scope of the powers.

 In the Gowru Venkat Reddy case, the Supreme Court ruled that granting of pardon does
not overturn the verdict of conviction but it only sets aside the punishment for the
crime. It only eliminates the effect of conviction but without addressing the convict‟s
guilt or innocence.

Considerations to be Taken into Account

 Presidential clemency (mercy) on death sentence is a prerogative of the executive and it

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must not be taken in a purely legal sense alone because it involves ‗several ethical and
social implications‘.
 President must exercise this prerogative only in accordance with the rule of law and
justice. It must not be driven by sentiments.

 According to Law Commission, it must be based on ‗want of premeditation, age, mental

or physical condition of the offender, past conduct, external pressures which might
have impaired independent judgment, medical abnormality falling short of legal insanity
and so on‘. If any new evidence is discovered that must be taken into consideration.

 According to Justice Arjit Pasayat and Justice S. H. Kapadia, ‗caste, religion and political
loyalty are must not be the considerations, for these are discriminatory‘.

 Rule of Law is based on ‗certainty of a law and fairness‘ which must not be compromised for
political expediencies. Conforming to this view, the executive has to declare the decision
on a petition of mercy within a reasonable time.

 Any inordinate delay in the decision is considered to be against the public interest and
the court has the power to review and grant relief to the victim.

 Further, the power is not granted only to benefit the convict. Hence, while exercising the
power the executive must consider the effect of the decision on the victim‟s family in
particular, society in general and the precedent it would set for the future.

 The power is not a privilege but a constitutionally mandated official duty of the
executive.

 Hence, any discretion applied in the exercise of the power must be towards the
welfare of the people and not only to benefit the convict.
 Hence, the executive decision to grant pardon is subjected to judicial review and the
courts have the power to declare a decision to pardon invalid in case the decision was
mala fide.

 Thus, the exercise of executive clemency is not a privilege but is based on several
principles, and discretion has to be exercised in public considerations.
Decision on Pardon: Should a Time Limit be Prescribed?

 In the recent times the power of the President to grant pardon has become subjected to
severe criticism on yet another ground of „inordinate delay‟ in making a decision on the
petitions for pardon. This has raised the demand for setting a time frame for the
President to make a decision on such petitions. The arguments placed in favour of setting a
time frame are as follows →

o Firstly →

 Any delay in disposing the petition for pardon results in causing anguish
and suffering of the convict who waits for the decision.
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o Secondly →

 The waiting for the presidential decision on his petition for pardon a convict
sentenced to death suffers from a serious mental agony.

 When after a long delay if the President rejects granting pardon and upholds
the death sentence, the suffering of the convict is manifold. This amounts to a
double jeopardy.

o Thirdly →

 An inordinate delay is a clear violation of Article 21. The Right to Life

guarantee by Article 21 is not a mere ‗animal existence‘ but a right to live with
human dignity. The inordinate delay in the decision on pardon violates this.

o Fourthly →

 The power is not a privilege that President enjoys but an official duty which
he discharges with the aid and advice of the Council of Ministers. The
advice of the Council in this regard is binding on the President.

 Hence, one cannot rule out political motive in withholding the decision on a
petition for pardon in certain cases. In the past there have been several
cases in which the executive clemency was granted on political grounds.

 Epuru Sudhakar case in which the Supreme Court set aside the commutation
granted by the then Andhra Pradesh Governor on the ground that it was
granted on political expediency.

o The President Pratibha Devi Patil granted 28 pardons out of 30 petitions and 22
out the 28 related to brutal crimes such as murdering children, rape and murder
of children. It is unclear why the President granted pardon to such criminals
who indulged most heinous crimes within such short span of time.

 The above arguments make it clear that there must be a reasonable time spent on
making decision on the mercy petition. The very idea of vesting the pardoning powers in
the executive is to ensure law to be a tool of reform. Pardoning goes beyond reforming a
convict but redeeming him into the society. It is essential that the President exercises the
power with utmost care and reason. Hence, it becomes reasonable to set time frame for the
President to make the decision.

Arguments Against Time Frame

 First of all, the power to pardon under Articles 72 and 161 are to executive powers to be
exercised on the advice of the Council of Ministers. The Council might have to focus on
many issues that are more pressing and the delay could be unavoidable.

Constitutional Position of the President

 The Executive Power of the Union shall be vested in President and shall be
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exercised by him either directly or through officers subordinate to him in accordance with
this Constitution (Article 53).

 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).

 The council of ministers shall be Collectively Responsible to the Lok Sabha

(Article 75). This provision is the foundation of the parliamentary system of government.

Some reform in this regard

 The 42nd Constitutional Amendment Act of 1976 (enacted by the Indira Gandhi
Government) made the President bound by the advice of the council of ministers headed
by the prime minister.

 The 44th Constitutional Amendment Act of 1978 (enacted by the Janata Party Government
headed by Morarji Desai) authorised the President to require the council of ministers to
Reconsider such advice either generally or otherwise.
o However, he ‘shall’ act in accordance with the advice tendered after such
reconsideration.
 Though the President has No constitutional discretion, he has some →
President → Situational discretionary Power
 Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or
when the Prime Minister in office dies suddenly and there is no obvious successor.

 Dismissal of the Council of Ministers when it cannot prove the confidence of the Lok
Sabha.

 Dissolution of the Lok Sabha if the council of ministers has lost its majority.

Miscellaneous / Current
Facts about Presidents of India
Till now 15 people has entered to the office of President.
 Rajendra Prasad was the first President of India. He is also the only President who served
the office twice, eventually becoming the longest serving president.
 Dr. Sarvepalli Radhakrishnan was the first Vice President of the country and second
President of India, his birthday is celebrated as Teacher‘s Day on 5th September.
 Zakir Hussain was the third President of India, also the first Muslim President. He also
was the first president who died in his office. He was shortest serving President of India.
 Varahagiri Venkata Giri was the first Vice President, who became the acting President
of India. He also received Bharat Ratna 1975. Giri later went on to become the President.

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 There were 3 interim Presidents of India apart from 14 full time Presidents. Varahagiri
Venkata Giri, Mohammad Hidayatullah and Basappa Danappa Jatti were the interim
Presidents.
 Neelam Sanjiva Reddy, the first Chief Minister of Andhra Pradesh. He became the
youngest President ever at the age of 64. One of the incredible feats that Reddy achieved
was that he renounced residency at the Rashtrapati Bhavan and took a 70 % cut in his
salary as a gesture toward the poor economic conditions of the masses in 1977. Reddy was
elected the first [and only] president without opposition. In 1977 when the President in
position, Fakhruddin Ali Ahmed died suddenly.

 Giani Zail Singh was the first Sikh President of India. Incidentally, in his tenure the anti-
Sikh riot of 1984 occurred. The Operation Bluestar and assassination of Indira Gandhi
occurred.
 Dr. A.P.J. Abdul Kalam was popularly known as People‟s President. In 1997, he was
awarded with Bharat Ratna.
 Prathiba Patil was the First Woman President of India.
 Droupadi Murmu : First Adivasi and second woman to become the nation‘s First Citizen
and the Supreme Commander of India‘s Armed Forces. At the age of 64, Murmu will also be
the youngest and India‟s first president to be born after Independence. Earlier this
record was in the name of Neelam Sanjeeva Reddy.

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Rashtrapatni : The controversy

 India has had a woman President earlier. The first time this happened, there was a minor
debate on the proper way to address the Head of State, apparently because ―Rashtrapati‖,
according to some people, has a ―male‖ connotation. That debate died down soon, after it
was agreed that in India‟s constitutional scheme, words like Rashtrapati and Sabhapati
(Speaker) are understood to be gender-neutral.
 Constitutional experts argued that the word Rashtrapati, which was finalised after
discussions in the Constituent Assembly, should not be changed only because India
had a woman President — because the word has no gender connotations; it‘s simply that
‗President‘ translates into Hindi as ‗Rashtrapati‘. They pointed out that the Constitution has
other male-allusive nomenclature, but it could not be seen as being patriarchal or gender
insensitive.
 There were also suggestions during the debate that the word “Rashtrapati” should be
substituted by the word “Neta” or “Karnadhar”. But Nehru suggested that the term
Rashtrapati should be finalised.
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Can the govt claim immunity when entering contracts under the President’s name

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name-sc-8636329/

The Supreme Court has held that the government, when entering into a contract under the
President‟s name, cannot claim immunity from the legal provisions of that contract under
Article 299 of the Constitution.

Article 298 & Article 299

 Article 298 grants the Centre and the state governments the power to carry on trade or
business, acquire, hold, and dispose of property, and make contracts for any purpose

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 Article 299 delineates the manner in which these contracts will be concluded.

 Articles 298 and 299 came after the Constitution came into effect and the government
entered into contracts even in the pre-independence era.

 According to the Crown Proceedings Act of 1947, the Crown could not be sued in court
for a contract it entered into.

 Article 299 of the Constitution provides that ―all contracts made in the exercise of the
executive power of the Union or of a State shall be expressed to be made by the
President or by the Governor of the State‖ and that all such contracts and ―assurances of
property made in the exercise of that power shall be executed‖ on behalf of the
President or the Governor by persons in a manner as directed and authorised by them.

 Further, the phrase ‗expressed to be made and executed‘ under Article 299 (1) means
that there must be a deed or contract in writing and that it should be executed by a
person duly authorised by the President of the Governor on their behalf.

 However, Article 299 (2) says that essentially, neither the President nor the Governor can
be personally held liable for such contracts.

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Vice President
Introduction
 Article 63 of the constitution provides that, ‗there shall be a Vice President of India‘. The
office is modelled on the lines of the Vice President of the USA.
 The office is needed for dealing with any contingency that arises due the temporary
inability of the President to discharge his duties or when there occurs a vacancy in the office
of the President.
 The Vice-President occupies the second highest office in the country.

Election
 Like the president, is elected not directly by the people but by the method of indirect
election.
 He is elected by the members of an Electoral College consisting of the members of both
Houses of Parliament.
 In the original constitution it was provided that the election will take place in a joint
sitting of both the Houses. However, by the 11th amendment 1961, the provision for joint
sitting was removed.

Electoral College is different

 It consists of both ELECTED and NOMINATED members of the Parliament (in the case of
president, only elected members).
 It does not include the members of the state legislative assemblies (in the case of
President, the elected members of the state legislative assemblies are included).

Qualifications
 He should be a citizen of India.
 He should have completed 35 years of age.
 He should be qualified for election as a member of the Rajya Sabha.
 He should not hold any office of profit under the Union government or any state
government or any local authority or any other public authority.

No. Vice - President Took Office Left Office

1 Dr. Sarvepalli Radhakrishnan 13 May 1952 12 May 1962

2 Dr. Zakir Hussain 13 May 1962 13 May 1967

13 M Venkaiah Naidu 11 August 2017 11 August 2022

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14 Jagdeep Dhankhar 11 August 2022

 Nomination of a candidate for election to the office of Vice-President must be subscribed

by at least 20 electors as proposers and 20 electors as seconders. Every candidate has to
make a security deposit of ₹15,000 in the Reserve Bank of India.

Oath
 The oath of office to the Vice-President is administered by the President or some person
appointed in that behalf by him.

Conditions of Office
 He should not be a member of either House of Parliament or a House of the state
legislature. If any such person is elected Vice-President, he is deemed to have vacated his
seat in that House on the date on which he enters upon his office as Vice-President
 He should not hold any other office of profit.

Term of Office
 Holds office for a term of five years from the date on which he enters upon his office.
 However, he can resign from his office at any time by addressing the resignation letter to
the President.
 He can be removed from office by a resolution of Rajya Sabha supported by a majority
of all the THEN MEMBERS and agreed to by the Lok Sabha.
 But, no such resolution can be moved unless at least 14 days‟ advance notice has been
given.
 Notably, no ground has been mentioned in the Constitution for his removal.
 Can hold office beyond his term of five years until his successor assumes charge. He is also
eligible for re-election to that office. He may be elected for any number of terms.

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Majority for his Removal

 The expression ‗MAJORITY OF ALL THE THEN MEMBERS‘ in Article 67, means the
‗Effective Majority‘.
 It means the majority of the total members of the House from which the total number of
vacancies on the said date must be excluded.
 Hence, it is the majority of the effective strength of the House. Since it excludes the
vacancy it is the majority of the House in its absolute terms and hence, known as
absolute majority.
Effective Strength of the House = Total Strength of the House – Vacancy

Vacancy in Office
 On the expiry of his tenure of five years.
 By his resignation.
 On his removal.
 By his death.
 Otherwise, for example, when he becomes disqualified to hold office or when his election is
declared void.

Election Disputes
 All doubts and disputes in connection with election of the Vice-President are inquired into
and decided by the Supreme Court whose decision is final.

Powers and Functions

 He acts as the ex-officio Chairman of Rajya Sabha.
 He acts as President when a vacancy occurs in the office of the President due to his
resignation, removal, death or otherwise.
o He can act as President only for a maximum period of Six Months within which
a new President has to be elected.
 Further, when the sitting President is unable to discharge his functions due to absence,
illness or any other cause, the Vice-President discharges his functions until the President
resumes his office.

Emoluments
 The Constitution has not fixed any emoluments for the Vice-President in that capacity.
 He draws his regular salary in his capacity as the ex-officio Chairman of the Rajya
Sabha.

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Indian And American Vice-presidents

 Though the office of the Indian Vice-President is modelled on the lines of the American
Vice-President, there is a difference.

 The American Vice-President succeeds to the presidency when it falls vacant, and
remains President for the unexpired term of his predecessor.

 The Indian Vice-President, on the other hand, does not assume the office of the President
when it falls vacant for the unexpired term. He merely serves as an acting President until
the new President assumes charge.

From the above it is clear that the Constitution has not assigned any significant function to the
Vice-President in that capacity. Hence, some scholars call him ‗His Superfluous Highness‟. This
office was created with a view to maintain the political continuity of the Indian State.

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Prime Minister
Prime Minister is the Real executive authority (de facto executive). In other words, President is
the head of the State while Prime Minister is the head of the government.

Appointment
 The Constitution does NOT contain any specific procedure
 Article 75 → PM shall be appointed by the President.
 But this does not mean that the president is free to appoint any one as the Prime Minister.
 In accordance with the conventions of the parliamentary system of government, the
President has to appoint the leader of the Majority Party in the Lok Sabha as the
Prime Minister.
 President can appoint Any person as PM when →

No party has a clear majority

 When no party has a clear majority in the Lok Sabha, then the President may exercise his
Personal Discretion
 President usually appoints the leader of the largest party or coalition in the Lok Sabha as
the PM and asks him to seek a vote of confidence in the House within a month.

 Exercised by the President, for the first time in 1979, when Neelam Sanjiva
Reddy (the then President) appointed Charan Singh (the coalition leader) as the Prime
Minister after the fall of the Janata Party government headed by Morarji Desai.

Prime Minister in office dies suddenly

 When the Prime Minister in office dies suddenly and there is no obvious successor.

 This is what happened when Indira Gandhi was assassinated in 1984.

 The then President Zail Singh appointed Rajiv Gandhi as the Prime Minister by ignoring
the precedent of appointing a caretaker Prime Minister.
o HOWEVER, if, on the death of an incumbent Prime Minister, the ruling party
elects a new leader, the President has no choice but to appoint him as
Prime Minister.

SC Ruling regarding Appointment of PM

 Constitution does NOT REQUIRE that a person must prove his majority in the Lok Sabha
before he is appointed as the Prime Minister.

 Person who is not a member of either House of Parliament can be appointed as

Prime Minister for six months, within which, he should become a member of either
House of Parliament; otherwise, he ceases to be the Prime Minister.
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 Constitutionally, the Prime Minister may be a member of any of the two Houses of
parliament.

Horse-trading: What does it mean?

In Business
 It means informal negotiations involving hard bargaining and different levels of
compromises.
In Politics
 It refers to the phenomenon of luring members of Parliament or State Legislative Assembly
from one party to another with money, posts, etc., in lieu of their support.
In India
 It is popularly and comically known as ‗Aya Ram and Gaya Ram‘.
 In 1967, the Haryana MLA Gaya Lal switched his support thrice in 15 days and finally settled
with Indian National Congress.
 Congress leader Rao Birendra Singh was the first to use this phrase when he said ‗Gaya Ram
is now Aya Ram‘.

Oath
 President administers to him the Oaths Of Office and Secrecy. In his oath of office, the
Prime Minister swears
 Prime Minister swears →
o to bear true faith and allegiance to the Constitution of India,
o to uphold the sovereignty and integrity of India,
o to faithfully and conscientiously discharge the duties of his office, and
o to do right to all manner of people in accordance with the Constitution and the law,
without fear or favour, affection or ill will.
 In his oath of secrecy, the Prime Minister swears that he will not directly or indirectly
communicate or reveal to any person(s) any matter that is brought under his
consideration or becomes known to him.

Term
 The term of the Prime Minister is not fixed and. The full term of the Prime Minister is five
years, which coincides with the normal life of the Lok Sabha
 He holds office during the PLEASURE OF THE PRESIDENT (Not mean that the president can
dismiss the Prime Minister at any time)
 Until Prime Minister enjoys the majority support in the Lok Sabha, he cannot be
dismissed by the President.

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Salary
 Determined by the Parliament from time to time.
 He gets the salary and allowances that are payable to a member of Parliament.

Powers and Functions of the Prime Minister

In Relation to Council of Ministers
 He recommends persons who can be appointed as ministers by the president. The
President can appoint only those persons as ministers who are recommended by the
Prime Minister.
 He allocates and reshuffles various portfolios among the ministers.
 He can ask a minister to resign or advise the President to dismiss him in case of
difference of opinion.
 He presides over the meeting of council of ministers and influences its decisions.
 He guides, directs, controls, and coordinates the activities of all the ministers.
 He can bring about the collapse of the council of ministers by resigning or by death
from office.

In Relation to the President

 Article 78 It shall be the duty of the Prime Minister →
o 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;
o to provide such information relating to the administration of the affairs of the
Union and proposals for legislation as the President may call for
 He advises the president with regard to the appointment of important officials like
attorney general of India, CAG, chairman and members of the UPSC, election
commissioners, chairman and members of the finance commission and so on.

In Relation to Parliament
 He advises the President with regard to summoning and proroguing of the sessions of
the Parliament.
o Cabinet Committee on Parliamentary Affairs consider proposal to summoning
and proroguing [Chaired by Defence minister]
 He can recommend dissolution of the Lok Sabha to President at any time.
 He announces government policies on the floor of the House.

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Relationship with the President

Article 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.
However, the President may require the council of ministers to reconsider such advice
and the President shall act in accordance with the advice tendered after such
reconsideration.
 The question whether any, and if so what, advice was tendered by Ministers to the
President shall not be inquired into in any court

Article 75
 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
 The ministers shall hold office during the pleasure of the president; and
 The Council of Ministers shall be collectively responsible to the House of the People
(Lok Sabha)

Deputy Prime Minister

 The constitution does not provide for the post of Deputy PM.
 It is created according to the political contingencies.
 Though known as Deputy PM, the post does not carry any responsibility.
 Under the Council of Ministers Act, 1952, the Deputy PM is equal to other ministers.
 Since independence there have been seven Deputy PMs namely Vallabhbhai Patel (1st),
Morarji Desai, Charan Singh, Jagjivan Ram, Yashwantrao Chavan, Devi Lal and Lal
Krishna Advani (last).
 Morarji Desai is the First Deputy Prime Minister who resigned from the post.
 Sardar Vallabhbhai Patel is the First Deputy Prime Minister to die in harness (while
working).
 Sardar Vallabhbhai Patel is the longest-serving Deputy Prime Minister of India
 Y. B. Chavan is the shortest-serving Deputy Prime Minister of India.

Funds under PM
PM National Relief Fund
 Established in January 1948 to assist displaced persons from Pakistan.

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 Now utilized for immediate relief to families of those killed in natural calamities like
floods, earthquakes, etc., and to victims of major accidents and riots.
 Not constituted by Parliament.
 Consists entirely of public contributions & No budgetary support.
 Invested with scheduled commercial banks in various forms.
 Contributions towards PMNRF are notified for 100% deduction from taxable income
under section 80(G) of the Income Tax Act, 1961.
 Disbursed with approval of Prime Minister

National Defence Fund

 Set up in 1962
 Set-up to manage entirely voluntary donations received for promotion of the national
defence effort.
 Used for welfare of members of Armed Forces (including Para Military Forces) and their
dependents.
 Administered by an Executive Committee with PM as Chairperson and Defence, Finance
and Home Ministers as members. Finance Minister is the Treasurer of the Fund.
 Accounts of the Fund are kept with Reserve Bank of India.

PM CARES Fund
 Setup in 2020
 To deal with any kind of emergency or distress situation like COVID-19 pandemic.
 Public charitable trust with the Prime Minister as its Chairman. Other Members include
Defence Minister, Home Minister and Finance Minister.
 The Fund enables micro-donations as a result of which a large number of people will be
able to contribute with the smallest of denominations.
 Contributions by companies will count as CSR expenditure.
 Not a public authority [So no RTI over watch]

Chief Ministers Who Became Prime Ministers

 Six people → Morarji Desai, Charan Singh, V.P. Singh, P.V. Narasimha Rao, H.D. Deve
Gowda and Narendra Modi
 Morarji Desai
o CM of the erstwhile Bombay State during 1952–56, became the first non-Congress
PM in March 1977.
 Charan Singh
o Was the Chief Minister of the undivided Uttar Pradesh in 1967–1968 and again in

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1970
 V.P. Singh
o From U.P., became Prime Minister in the short lived National Front government
(December 1989-November 1990).
 P.V. Narasimha Rao
o First PM from South India, who held the post from 1991–1996
o He was CM of Andhra Pradesh between 1971–1973
 H.D. Deve Gowda
o Was Chief Minister of Karnataka when he was chosen to lead the United Front
government in June 19965 .
 Narendra Modi (BJP)
o Was the CM of Gujarat when he became the Prime Minister in May 2014.
o He served as the Chief Minister of Gujarat for four times during 2001 to 2014.

Facts about Indian Prime Ministers

Longest-Serving Indian Prime Minister Jawaharlal Nehru (1947 – 1964)

Second Longest-Serving Indian Prime Minister Indira Gandhi

Acting Prime Minister Twice Gulzari Lal Nanda

The first woman Prime Minister to receive the Bharat Ratna Indira Gandhi

First Non-Congress Prime Minister of India Morarji Desai

Indian Prime Minister received Pakistan‘s highest civilian award Morarji Desai

Youngest Indian Prime Minister Rajiv Gandhi

First Prime Minister from South India P.V. Narasimha Rao

First Prime Minister of India who was a member of the Rajya Indira Gandhi
Sabha

Shortest Serving Prime Ministers Atal Bihari Vajpayee

Three Prime Ministers died in Office (Die in harness)

1. Pandit Jawahar Lal Nehru
2. Lal Bahadur Shastri during Signing of Tashkent Agreement in Russia
3. Indira Gandhi murdered by her own bodyguards in 1984.
There is one other former PM who died while campaigning for General elections Rajiv Gandhi (He

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was not PM when he died in the blast).

Articles Related to PM
Article No. Subject Matter

74 Council of Ministers to aid and advise President

75 Other provisions as to Ministers

77 Conduct of business of the Government of India

78 Duties of Prime Minister as respects the furnishing of information to the President, etc.

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Council Of Ministers
Introduction
 The principles of parliamentary system of government are Not detailed in the
Constitution, but two Articles (74 and 75) deal with them in a broad, sketchy and general
manner.
 Article 74 = Council Of Ministers
 Article 75 deals with the appointment, tenure, responsibility, qualification, oath and
salaries and allowances of the ministers.

Article 74 - COM to aid and advise President

 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. 163 in case of SL]

 However, the President may require the CoM to Reconsider such advice and the
President shall act in accordance with the advice tendered after such reconsideration.
[Binding]
 Such advice shall not be inquired in any court.

44th Aemendment Act

 Empowered the president to send back once the advice of the cabinet for
Reconsideration. But, the reconsidered advice is to be binding on the president. [such
advice cannot be enquired by any court]
 42nd AA also provide CoMs Advice binding on President at First place [no
Reconsideration]

Article 75 - Other Provisions as to 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.
 The total number of ministers, including the Prime Minister, in the Council of Ministers
shall not exceed 15% of the total strength of the Lok Sabha. (91st AA of 2003)
 Disqualified member on the ground of defection shall also be disqualified to be
appointed as a minister. [91st AA of 2003]
 The ministers shall hold office during the PLEASURE OF THE PRESIDENT.
 The Council of Ministers shall be COLLECTIVELY RESPONSIBLE to the Lok Sabha.
 The President shall administer the oaths of office and secrecy to a minister.
 A minister who is not a member of the Parliament (either house) for any period of six
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consecutive months shall cease to be a minister.

 The salaries and allowances of ministers → determined by the Parliament. [Not in 2nd
Sch of Const.]

Article 77 - Conduct of Business of the Government of India

 All executive action of Union → in the name of the President.
 Orders and other instruments made and executed in the name of the President shall be
authenticated in such manner as may be specified in rules to be made by the President.
Further, the validity of an order or instrument which is so authenticated shall not be called
in question on the ground that it is not an order or instrument made or executed by the
President.
 The President shall make rules for the MORE CONVENIENT TRANSACTION of the business of the
Government of India, and for the allocation among Ministers of the said business.
[Portfolio system]
o However, in reality the allocation is the prerogative of the Prime Minister.
o The President is bound by the advice of the Prime Minister. Hence, the Prime
Minister can at any time alter the portfolio of the ministers.
o In this system, a minister who holds a particular ministry will be responsible for
various activities concerning the ministry. He is responsible for the introduction
of various bills, policies, demand for grants, etc., and answering any question
relating to the ministry, raised on the floor of the House.

Lord Canning
 Introduced the Portfolio System through Indian Councils Act 1861

Article 78 - Duties of Prime Minister

 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
 To furnish such information relating to the administration of the affairs of the Union
and proposals for legislation as the President may call for
 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

Article 88 - Rights of Ministers as Respects the Houses

 Every minister shall have the right to speak and take part in the proceedings of either
House, any joint sitting of the Houses and any Committee of Parliament of which he may
be named a member. But he shall not be entitled to vote.

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Nature of Advice by Ministers

 Article 74 provides for a council of ministers with the Prime Minister at the head to aid and
advise the President in the exercise of his functions.
 The 42nd and 44th CAA have made the advice Binding on the President & such advice
cannot be enquired by any court. This provision emphasises the intimate and the
confidential relationship between the President and the ministers.
SC views
 In 1971, the Supreme Court held that Even After the dissolution of the Lok Sabha, the
COUNCIL OF MINISTERS does not cease to hold office.

 Article 74 says that the PRESIDENT CANNOT EXERCISE THE EXECUTIVE POWER without the aid and
advise of the council of ministers.
 Any exercise of executive power without the aid and advice will be UNCONSTITUTIONAL
 Satisfaction of the President is not the personal satisfaction of the President but it is the
satisfaction of the COMs with whose aid and on whose advice the President exercises his
powers and functions‘.

Appointment of Ministers
 The Prime Minister is appointed by the President, while the other ministers are
appointed by the President on the advice of the Prime Minister.
 A person who is not a member of either House of Parliament can also be appointed as a
minister. But →
o Within six months, he must become a member (either by election or by
nomination) of either House of Parliament, otherwise, he ceases to be a minister.
 A minister who is a member of one House of Parliament has the right to speak and to
take part in the proceedings of the other House also, but he can vote only in the
House of which he is a member.
Note : Constitution does NOT PRESCRIBE any qualification to be a minister.

Oath and Salary of Ministers

 Before a minister enters upon his office, the President administers to him the oaths of
Office & Secrecy.
 The salaries and allowances of ministers are determined by Parliament from time to
time.

Responsibility of Ministers
Collective Responsibility
 Article 75 clearly states that the COMs is collectively responsible to the Lok
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Sabha.
 Means that all the ministers own joint responsibility to the Lok Sabha for all their acts of
ommission and commission.
 They work as a team and swim or sink together.
 When the LS passes ano-confidence motion against the council of ministers, all the
ministers have to resign including those ministers who are from the RS.
 Alternatively, the COMs can advise the president to dissolve the Lok Sabha on the
ground that the House does not represent the views of the electorate faithfully and call for
fresh elections.
o The President may not oblige the council of ministers that has lost the
confidence of the LS.

 Collective responsibility also means that the Cabinet decisions bind all cabinet
ministers (and other ministers) even if they differed in the cabinet meeting. If they don‘t
follow the cabinet decision then PM advises the president to remove the minister.

Individual Responsibility
 Article 75
 Ministers hold office during the pleasure of the president
 However, the President removes a minister ONLY on the advice of the Prime Minister.
In case of a difference of opinion or dissatisfaction with the performance of a minister,
the Prime Minister can ask him to resign or advice the President to dismiss him.

No Legal Responsibility
 In Britain, every order of the King for any public act is countersigned by a minister.
 If the order is in violation of any law, the minister would be held responsible
and would be liable in the court. [The king can do no wrong]

 In India, on the other hand, there is no provision in the Constitution for the system of
legal responsibility of a minister.
 It isnot required that an order of the President for a public act should be
countersigned by a minister.
 Moreover, the courts are barred from enquiring into the nature of advice rendered by
the ministers to the president.

Composition of the Council of Ministers

Cabinet Ministers, Ministers of State, and Deputy Ministers.

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Cabinet Ministers
 Head the important ministries of the Central government like home, defence, finance,
external affairs and so forth.
 They are members of the cabinet, attend its meetings and play an important role in
deciding policies.
 Thus, their responsibilities extend over the entire gamut of Central government.

Ministers of State
 The ministers of state can either be given independent charge of ministries / departments
or can be attached to cabinet ministers.
 However, they are not members of the cabinet and do not attend the cabinet meetings
unless specially invited when something related to their ministries/departments are
considered by the cabinet.

Deputy Ministers
 They are not given independent charge of ministries/departments. They are attached to
the cabinet ministers or ministers of state and assist them in their administrative,
political, and parliamentary duties.
 They are not members of the cabinet and do not attend cabinet meetings.

Cabinet Vs. Council of Ministers

Cabinet Council of Ministers

The cabinet consists of many senior ministers who They consist of Cabinet Ministers,
hold important portfolios such as defence, home Deputy Ministers and Ministers of State
affairs, education etc.

It was conferred the status of a constitutional It is a constitutional body

body after the passing 44th Amendment.
Article 352 is the ONLY Article of the constitution in
which the term „Cabinet‟ is mentioned.

The Cabinet consists of some of the most It is up to the Prime Minister to consult
experienced ministers. with the council of ministers or not when
Thus the Prime Minister seeks their advice on it comes to making important decisions
important matters. So its functions are determined by the
The decisions of the cabinet are binding to all cabinet.
ministers

It enforces the collective responsibility of the It enforces collective responsibility to the

council to its members lower houses of the parliament

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The Cabinet meets as frequently as possible to The meetings between the council of
formulate policies and to decide on certain matters ministers are rare.
of national importance

The size of the cabinet is about 15-20 ministers The council of ministers usually consists
of about 60 to 70 ministers of the
government.

It includes the cabinet ministers only. Thus, it is a It includes all the three categories of
part of the council of ministers ministers, that is, Cabinet Ministers,
Ministers Of State, and Deputy
Ministers.

Role of Cabinet
 It is the highest decision-making authority in our politico-administrative system.
 It is the chief policy formulating body of the Central government.
 It is the supreme executive authority of the Central government.
 It is chief coordinator of Central administration.
 It is an advisory body to the president and its advice is binding on him.
 It is the chief crisis manager and thus deals with all emergency situations.
 It deals with all major legislative and financial matters.
 It exercises control over higher appointments like constitutional authorities and senior
secretariat administrators.
 It deals with all foreign policies and foreign affairs.

Kitchen Cabinet
 The cabinet, a small body consisting of the prime minister as its head & few most
important ministers, is the highest decision-making body in the formal sense.
 However, a still smaller body called the ‗Inner Cabinet‘ or ‗Kitchen Cabinet‘ has become the
real centre of power.
 This informal body consists of the Prime Minister and two to four influential colleagues
in whom he has faith and with whom he can discuss every problem.
 It advises the prime minister on important political and administrative issues and assists him
in making crucial decisions. It is composed of not only cabinet ministers but also outsiders
like friends and family members of the prime minister.
 Examples →
o Y. B. Chavan, Uma Shanker Dixit, Fakhruddin Ali Ahmed, Dr. Karan Singh, and others
were part of Indira Gandhi's "Inner Cabinet," which became known as the "Kitchen
Cabinet."
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o L. K. Advani, George Fernandes, M. M. Joshi, Pramod Mahajan, and others made

up A. B. Vajpayee's "inner cabinet."

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Cabinet Committees
Introduction
 The Cabinet Committees are Extra-Constitutional (not mentioned in const.) in
emergence. However, the Rules of Business provide for their establishment.
 Government of India Transaction of Business Rules, 1961 emerging out of Article 77(3)
of the Constitution states: ―The President shall make rules for the more convenient
transaction of the business of the Government of India, and for the allocation among
Ministers of the said business.‖
o The Ministries/Departments of the Government of India are created by the President
on the advice on the Prime Minister under the above rules
 All committees are headed by Prime Minister. (except Committee on Accommodation
and Committee on Parliamentary Affairs)

Who constitutes
 By Prime Minister and sets out the specific functions assigned to them.
 He can add or reduce the number of committees.
 Ad hoc committees of ministers, including Groups of Ministers, may be appointed by
the Cabinet or by the Prime Minister for specific matters.

No MORE PHD in THIS TOPIC

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