Module 1- Executive

Introduction
The provisions from Article 52 to 62 of the Constitution are the provisions related to
the President of India. The Part V of the Constitution under Union has Chapter I which
talks about the Executive has listed out the qualification, election and impeachment of
the President of India. The powers have been defined in various different Articles of
the Indian Constitution. The President of India is known to be the head of state of the
Republic of India and is also the formal head of the executive, legislature and judiciary
of India and is also the commander-in-chief of the Indian Armed Forces.
Parliamentary form of Government
The Structure of the Indian government can be understood by the following flow chart:

India is a form of Parliamentary Government. It is a form of government in which the

executive is responsible and answerable to the legislative. It is also called the Cabinet
Government due to the concentration of executive powers in the Cabinet. The
Executive is a part of the Legislative.
This form of government was basically preferred by the leaders as:
• Leaders were aware of such a form of government.
• This government was considered a more responsible government as in this
form of government, the executive is answerable to legislative and the
legislative is answerable to the citizens.
• This type of government prevents Authoritarianism.
• This form helps to get representation from a Diverse Group of people.
• This form of government remains laden with the availability of Alternate
Government.
• In this form of government, the head of the state holds a ceremonial position
and is the nominal executive. For example, the President
• The real head of the State is the Prime Minister, who is the real executive.
• There is a majority party rule in such a form of government.
• There is always a Parliamentary Opposition to maintain a check on the actions
of the ruling government.
• In this form of Government Civil Servants are Independent.
This is a famous concept of government followed in other countries like Japan,
Canada, Britain. This form of government in India was majorly inspired by Britain.
Opposite of such a form of government is the Presidential form of Government. In this
government, the President is answerable to citizens rather than the legislative.
If we dwell deep inside, we find further subdivision of the Executive Organs of the
State. These subdivisions are:

The President
Article 52
The first and foremost part of the Executive is the President. Article 52 states that there
shall be a President of India. The President is considered the Executive head of the
country. All the Executive business of the country is carried out in the name of the
President.
So the question arises that if President is the executive head and all actions are in his
name, and the President has to carry out many functions, then can there be the
performance of an act not mentioned in any specific legislation by the Executive?
Case Law: Ram Jawaya Kapoor v. The State of Punjab- the Government invited
textbooks from authors for approval. When textbooks were approved, the authors were
made to enter an agreement. According to this agreement, the copyright of these books
vested solely in the Government. The authors only got 5% royalty on the sale of the
textbooks. The Government took all the publishing, printing and selling rights of the
books in their own hands.
The Court held that these provisions were ultra-vires to the constitutional power. The
government being an executory body did not possess the power to enter into that
activity or trade without specific legislations.
No restriction on the executive powers is defined in the Indian Constitution. The Court
held that the executive cannot be restricted to mere implementations of legislations.
There is a strict separation of powers but no strict separation of functions.
Qualification
Article 58
After knowing that President is the Executive Head of the entire nation, you might too
aspire to become a president. So let’s analyze the eligibility and all the specific
requirements, you would be needing to become the President of India?
Article 58 talks about the eligibility of a person to become President of India. It says
that a person is eligible for election as President if he:
• is a citizen of India;
• has completed the age of thirty-five years;
• is qualified for election as a member of the House of the People.
A person can be disqualified for election as President if he holds any office of profit
under
• the Union of India or;
• the Government of any State or;
• under any local or other authority subject to the control of any Government of
India.
Condition of President’s Office
Article 59
The eligibility to become the President might seem simple but the conditions his office
are quite strict. Article 59 of the Indian Constitution talks about the conditions of the
President’s office. It says:
• The President cannot be a member of either House of Parliament or of any
other House of the Legislature of any State.
• If he is a member of either House of Parliament or a member of a House of the
Legislature of any State, he will need to vacate his seat in that House on the
date of entering into his office as President.
• The President shall not hold any other office of profit.
• The President shall be authorized to the use of his official residences without
rent.
• He shall be also authorized to emoluments, allowances, and privileges
determined by Parliament.
• The emoluments and allowances of the President cannot be diminished or
reduced during his term of office.
Official residence, emoluments, and allowances of President
Apart from all these conditions and rules, you might crave for some advantage of being
the President. Well, the President of India is also entitled to certain allowances and
privileges, as he is the first citizen of the country. The President of India is entitled to
rent-free accommodation, allowances, and privileges by law. He is also entitled to:
• Free medical facilities;
• Free accommodation;
 • Free treatment for life;
• The official state car of the President.
The salary of the President has undergone several changes since independence. Some
of these changes were:
• In 1951, the President of India used to get a salary of Rs. 10,000 and 15000
rupees as an allowance.
• In 1985, the President of India used to get a salary of Rs. 15,000 and 30000
rupees as an allowance.
• In 1989, the President of India used to get a salary of Rs. 20,000 and 10000
rupees as an allowance.
• In 1998, the salary was increased to Rs. 50,000In 2008, the salary was
increased to Rs. 1,50,000.
• In 2016, the salary was increased to Rs. 5,00,000.
Rashtrapati Bhavan is the President’s official residence, including reception halls,
guest rooms, and offices. It is the largest residence of any head of state in the world
(You will get to live in it. After all, you have become the President of the largest
democracy of the world).
Election of President
Article 54
So, if you think that who would vote for you in the Presidential elections?
The answer lies in Article 54 of the Constitution. It deals with provisions relating to
the election of the President. It says that the President must be elected by the members
of an electoral college. The electoral college consists of the elected members of both
Houses of Parliament and the state Legislative Assemblies.
Mode of Voting
As per Article 55(3) of the Constitution of India, the election of the President should
be held according to the system of proportional representation by means of a single
transferable vote. The voting at the presidential election shall be by secret ballot.
Disputes regarding the election
Article 71
What if people raise issues regarding your elections as president? Who would clarify
the dispute?
Well, Article 71 deals matters relating to the election of the President. It states that any
dispute arising with respect to the election of the President will be adjudicated by the
Supreme court and its decision will be considered final.
 • If the election of a person as President is declared void, acts done by him in the
exercise of the powers of the office of President will not be considered invalid
by reason of the order of the Supreme Court.
• Parliament can formulate any law regarding the election of a President in
consonance with the provisions of the Constitution.
• The election of a person as President or Vice President shall not be called in
question on the ground of the existence of any vacancy for whatever reason
among the members of the electoral college electing him.
Oath by the President
Article 60
So, after you are elected, it is time to make an oath and get familiar with the term of
office of the President.
Any person holding the office of the President or delivering the functions of the
President must, before entering into the office of the President, be made to subscribe
in the presence of the Chief Justice of the country or any other senior-most judge of
the Supreme Court, to an oath or affirmation in the name of God to faithfully execute
the office of president of India and to preserve, protect and defend the Constitution
and the law to the best of his abilities and that he would devote himself to serve the
people of India and ensure their well- being.
Term of office of the President
Article 56
• Article 56 defines the term of the office of the President to be of five years
unless:
• A new President enters the office, the incumbent President shall hold it;
• President resigns before the expiry of the term by writing it to the Vice
President;
• The President is removed from his office, for violation of the Constitution, by
the process of impeachment provided under article 61.
The article also states that any resignation made by the President to the Vice President
must be communicated to the Speaker of the Lok Sabha by the Vice President himself.
Time of holding the election on expiry of the term and filling casual vacancies
Article 62
Article 62 provides for the filling up of the vacancy to the office of the President. It
defines the terms of office of the person filling the casual vacancy as well as the time
of holding elections to fill the vacancy.
It states that an election to fill the vacancies must be fulfilled before the expiration of
the term of the office of the President.
An election to fill the vacancies, occurring due to the death, resignation or
impeachment of the President, must be done as soon as possible. The elections, in any
case, must be conducted within a time period of six months from the date of occurrence
of the vacancy. The new person elected to the office of the President will be subject to
all the provisions of Article 56 and will hold his office for a five-year term from the
date of entering into the office.
Procedure for impeachment of the President
Article 61
So, you heard me talking about the impeachment process in the above paragraph. So,
let’s not be secretive about it and discuss how you can be removed from the post of
President through impeachment?
The President of India can be impeached under Article 61 for the violation of the
Constitution, on the basis of charges preferred by either House of Parliament.
A resolution with the proposal to prefer such charges must be signed by at least one-
fourth of the total members of the house. The resolution also needs to be passed by at
least two-thirds majority of the house.
When the resolution is passed by one of the Houses, the other House must investigate
the charges. The President has been granted the right to be present or to be represented
in such investigations.
When the House investigating the charges passes the resolution by a two-thirds
majority and declares the charges as sustaining, it results in removing the President
from his office from the date of passing of the resolution.
Privileges of the President
Article 361
As President, you also enjoy some degree of immunity. Under Article 361 the
President is protected from being answerable to any court for:
• For exercise and performance of his powers and duties of his office;
• For doing any act or claimed of doing any act in the exercise of those powers
and duties;
The conduct of the President can be reviewed only if either House of Parliament
designates or appoints any court tribunal or any other body to investigate the charges
under Article 61.
But it bars no person from bringing any valid proceeding against the Governor or
Government of India.
The Article immunes the President against all types of criminal proceedings during the
term of his office.
No issuance of any order relating to the arrest and imprisonment of the President can
be made by any court during his term of office.
A civil proceeding can be constituted against the president during his term of office if:
• The act is done or alleged to have been done, whether before or entering the
office of the President, by him was in his personal capacity;
• Two months prior notice is provided, to the president or was sent to his office,
stating:
1. The nature of the proceeding;
2. The cause of action;
3. The details of the other party including name, description, and place of
residence;
4. The relief claimed by the other party.
Powers of the President
The President of India is provided with a wide range of power.
Executive powers
Article 53 of the Indian Constitution states that all the executive powers of the Union
will be vested in the President of India. President is allowed to exercise his executive
powers through officers’ subordinate to him, directly or indirectly, in consonance to
the provisions of the Constitution.
Under this article, the President has powers regarding:
• Appointment of the high authorities of the Constitution like the Prime Minister
and the Council of Ministers;
• Right of being informed about all the national affairs;
• Appointment of the judges of the constitutional courts(Supreme Court and
High Courts);
• Appointment of the state Governors, the Attorney General, the
Comptroller, and Auditor General, the Chief Commissioner and members of
the Election Commission of India;
• Administration of Union territories and appointment of the Chief
Commissioners and Lieutenant Governor of the Centrally Administered Areas;
• Removal of the Council of Ministers, the state Governors, the Attorney
General.
Military powers
Article 53 also states that the President shall be the Supreme Commander of all the
Armed Forces of the Union of India. It also states that no specific provisions can reduce
the scope of this general principle.
As the Supreme Commander of the Armed Forces of the Union, President has powers
regarding:
 • Appointment of all the officers, including the appointment of the chiefs of the
forces;
• Wars are waged in the name of the President;
• Peace is concluded in the name of the President.
Diplomatic powers
The President forms the face of Indian diplomacy and helps the nation to maintain
cordial relationships with countries across the globe.
• All the Ambassadors and high commissioners in foreign nations are his
representatives;
• He receives the credentials of the Diplomatic representatives of other nations;
• Prior to ratification by Parliament, the treaties and agreements with other
nations, are negotiated by the President.
Legislative powers
The President also enjoys certain legislative powers like:
• During the budget session, the President is the first to address the Parliament;
• The President is empowered to summon a joint session in order to break the
deadlock in the legislation process between the two Houses of the Parliament;
• President sanction is mandatory in cases of provisions relating to:
• creating a new state;
• changes in the boundary of existing states;
• a change in the name of a state.
• Legislative provisions relating to fundamental rights of the citizens of India
require the President’s consent;
• President’s consent is mandatory in cases of money bill originating in Lok
sabha;
• President’s consent is necessary for all the bills passed by the Parliament to
become a law;
• President is empowered to promulgate ordinances when the Parliament is not
in session;
• President also nominates the members of both the Houses.
Ordinance making power of the President: Article 123
Article 123 talks about the presidential powers to promulgate ordinances. An
ordinance can be promulgated if:
• neither of the House of the Parliament is in session;
• and the President feels a need for immediate action.
The ordinance which is promulgated by the President will have the same effect as that
of an act or law of the Parliament.
The essential conditions to be met by an ordinance are:
 • It shall be presented before both the Houses of Parliament for passing when it
comes to the session;
• The ordinance shall cease to operate six weeks after the date of reassembling
of the parliament;
• The ordinance may also expire if the resolutions disapproving it are passed by
both the Houses of Parliament;
• It can be withdrawn at any time by the President;
• The ordinance must be in consonance to the Constitution of India else it shall
be declared void.
Financial Roles
• President receives reports of the Finance Commission and acts on its report.
• The Contingency Funds of India are at the disposal of the President.
• He also causes the presentation of audits in the Parliament.
Judicial powers
The President enjoys the following privileges as his judicial powers:
• He can rectify the judicial errors;
• He exercises the power of grant of pardons and reprieves of punishments;
• President can seek the advice of Supreme Courts on:
• Legal matters,
• Constitutional matter,
• Matters of national importance.
Pardoning power
Article 72
Article 72 provides for the provisions relating to the pardoning powers of the President.
President can grant pardons, respites, reprieves, and remissions of punishments or
remit suspend or commute the sentence given to a person by the court in the following
cases:
• When the sentence is granted through a court-martial;
• When the sentence or punishment is given for offense of violation of any law
relating to matters that fall in the ambit of Union’s executive powers;
• When a death sentence is passed by a court.
Clemency Power not unbridled
Unbridled Ness of the pardoning powers of the president has always been a highly
debated issue. Supreme Court in various cases has laid down provisions for exercising
control over the pardoning powers of the Executive.
Case Law: Maru Ram Etc. v. Union of India- Supreme Court held that pardoning
power under Article 72 is to be exercised by the President, on the advice of Central
Government and not on his own will and that the advice is binding on the head of the
Republic.
Case Law: Dhananjay Chatterjee Alias Dhana v. State of West Bengal- the Supreme
Court reiterated the same.
Nature of Pardoning Power
Indian Presidents are known for the generous grant of pardons. Pardon is an act of
grace and not a form of a right to be demanded by any person. Unlike the Constitutional
provision, Pardon is granted by the executive as a whole and not by the President alone.
This is done as it is necessary for the President to act on the aid and advice of the
Council of Ministers.
A pardon completely sets free an offender of all his guilt. A full pardon makes the
person innocent in the eyes of law as if he has never committed a crime. It gives him
the identity as that of a new man with a new set of capacities.
The pardoning power comes with discretion on the part of the President. The practice
to confer the right of pardon on some authority has long existed. It is also practised in
other countries, for example, the U.S. Constitution prescribes for the power of pardon
to the President whereas, In the United Kingdom, the same is conferred to the Crown.
Pardoning Power: subject to judicial review
The question that arises is whether the pardoning power of the president can be brought
under the judicial review. Can the judicial review of such an order be done? What
could be the grounds for judicial review of such orders?
Case Law: Kuljit Singh Alias Rangas v. Lt. Governor of Delhi & Ors. - the court held
that the pardoning powers of the president
Under Article 72 can be examined according to the facts and circumstances of each
case. The Court has the power of judicial review even on a matter which the
Constitution has vested solely in the Executive.
Case Law: Kehar Singh and Anr Etc. v. Union of India and Anr. dealt with the concept
of judicial review of the President’s pardoning power on grounds of its merit. In this
case, the Supreme Court held that
The terms and history of Article 72 as well as the specific guidelines and case laws
relating to Article 72 clearly indicate that the ambit of Article 72 very wide. The
powers under this article cannot be clearly defined or channelized with specific
guidelines. The term “pardon“itself signifies it to be discretionary. Hence, the grant or
rejection of pardons cannot be reasoned and the order of President cannot be brought
under judicial review with respect to its merits.
Case Law: Epuru Sudhakar Case- where a Congress activist faced ten years in prison
in connection with the killing of two persons including a TDP activist. His punishment
was remitted by the Governor of Andhra Pradesh. Contentions were raised regarding
the immunity of the pardoning power. The Supreme Court bench stated that the
exercise of pardoning powers would be subject to judicial review by the court against
the maintenance of Rule of Law.
Exercising powers of clemency is a matter of discretion but still subject to certain
standards and not a matter of privilege. The power of executive clemency is a matter
of performance of official duty and not only for benefiting the convict. During
exercising such powers, the President must also consider the effect of his decision on
the family of the victims, the society and the precedent it sets for the future.
Thus, this judgment settled position of law that immunity from the judicial review
cannot be granted to the President for exercise or non-exercise of the pardoning power.
The Vice- President
Article 63, 64, 65
There are some important functions and duties to be performed by the Vice-President
of India. Article 64 and Article 65 of the Indian constitution talks about the following
functions:
• The Vice-President is the ex-officio Chairman of Rajya Sabha(the Council of
States);
• The Vice President casts his vote in case of a tie in Rajya Sabha;
• The Vice President represents the Council of States on ceremonial occasions;
• He protects the rights and privileges of the members of the Rajya Sabha;
• He travels, for goodwill missions, to foreign countries;
• The Vice-President shall perform the functions of President, in cases where the
President is not able to perform his functions due to absence or illness etc. until
the President resumes his duty;
• The Vice-President shall act as President, If the vacancy is created for the post
of President due to his resignation, removal, and death or otherwise until a new
President is elected;
• The period between the Vice-President acting as the President and the election
of a new President can be extended for a maximum period of six months.
The Governor
Article 153
Indian Constitution provides for every State to have a Governor. Just like the President
is the nominal head of the republic, the Governor is the nominal head of a state. This
means that he/she has powers and functions similar to the President of India but
operates at the state level, with the real power lying in the hands of the State Chief
Minister and his/her council of ministers. Further, the 7th Constitution Amendment
Act of 1956 has added a provision under Article 153 which provides for the same
person to act as the Governor of two states simultaneously. The term of office of the
Governor is 5 years.
Appointment, Tenure and Removal of a Governor
Appointment of a Governor is talked about under Article 155 and information
regarding his tenure and removal are provided under Article 156. It states that the
President appoints the Governor by warrant under his hand and seal i.e., bearing his
seal and signature. The Governor shall hold office as long as he/she enjoys the pleasure
of the President. The Governor may resign his office by writing under his hand i.e., a
written letter undersigned by him addressed to the President. In accordance with the
foregoing provisions of this article, the Governor’s term of office shall be five years
from the date on which he/she enters upon his office, provided that the Governor shall
continue to hold office until his/her successor enters upon his office, notwithstanding
the expiration of his term.
Qualifications
Article 157
The article states the two qualifications to be fulfilled for a person to be appointed
Governor. The two provisions are:
• He/She should be an Indian citizen.
• He/She should have completed 35 years of age.
Conditions of Governor’s Office
Article 158
Along with the above mentioned preliminary qualifications, there are a set of other
criteria which need to be met. These are stated under Article 158. They are:
• He/ She should not be holding any office of profit.
• He/ She should not be a member of the Parliament or any other State
Legislature. However, if someone holding these positions is appointed
Governor, he/she would have to vacant their previously held office.
• He/ She is provided with such allowances, emoluments and privileges which
the Parliament provides by law and in case these provisions are absent, they
are provided to him/her as per Schedule II.
• The above mentioned allowances, emoluments and privileges would not be
diminished during his term. Further, if two states come under him/her, such
expenses would be shared between them in accordance with the President’s
decision.
Oath
Every Governor, before entering his office is bound to take an oath before the Chief
Justice of the High Court or the senior most judge, in the former’s absence. This is
mentioned under Article 159.
Can the governor be dismissed arbitrarily?
As per Articles 155 & 156 of the Constitution, the Governor is an appointee of the
President and holds office as long as he continues to enjoy his pleasure. This
essentially means that the Governor can hold his office for the prescribed term of 5
years if he continues to enjoy the pleasure of the President. Article 74 states that the
President is bound to act upon the aid and advice of the Council of Ministers.
Therefore, the President’s decision to remove the Governor, in effect, is actually the
decision of the Centre. In the case of B. P. Singhal v. UOI, the Hon’ble Court’s
constitutional bench held that even though the Central Government holds the power to
remove the Governor, they cannot do so arbitrarily and would have to prove the facts
of the case and grounds for his/her removal. Thus, the Governor cannot be removed
simply because the Union government has lost confidence in him/her.
Discharge of his functions in certain contingencies
Article 160
The article means that in case there’s a certain eventuality where the President thinks
the Governor needs to discharge certain duties not mentioned in this chapter, then the
President can do so via this provision.
Powers of Governors
As it has already been made clear in the beginning of the article, the position, power
and functions of the Governor are analogous to that of the President. His/ Her powers
are discussed below under four heads.
• Executive power- Under Article 154(1), the executive powers have been vested
to the Governor and he can choose to exercise them either directly himself or
indirectly through his Council of ministers.
✓ As such, the Governor makes important appointments of the state such
as the Chief Minister and Council of Ministers, Chairman and members
of State Public Service Commission, State election commissioner,
Advocate General, Chief Justice of the High Court, District judges and
the Vice chancellors of Universities.
✓ Under Article 356, the Governor can recommend the President for the
imposition of a State Emergency and during such emergency he/she
enjoys extensive executive powers as an agent of the President.
✓ He/ She runs the state administration by extending control over the
subjects in the state list and deciding the policies and portfolios of the
various ministers.
• Financial power
✓ A money bill cannot be introduced in the state legislature without prior
approval of the Governor.
✓ The state Contingency Fund is at his/her disposal and he/she can make
withdrawals out of it to meet unforeseen expenditures.
✓ He/ She makes sure that the Annual state budget is discussed and put
before the State Legislature.
 • Legislative power
✓ The Governor has the power to summon and prorogue both houses of
the Legislature. He/ She has to make sure that the maximum gap
between the two sessions of the houses is 6 months.
✓ Under Article 192, the Governor has the authority to disqualify any
legislator who fails to comply with the conditions given under Article
191.
✓ The Governor has to address the state legislature at the beginning of the
first session every year and after the state assembly elections.
✓ The Governor can hold a bill and send it to the President for his
consideration. Other than this, the Governor can either give assent to a
bill or withhold it or send it back for reconsideration (except for money
bills).
• Pardoning power
✓ According to Article 161, the Governor can grant pardons, reprieves,
respites and remissions of punishment or suspend, remit and commute
the sentence of any person convicted of any offence relating to matters
under the state executive power, exception being cases decided by a
court martial. However, in cases where a death penalty has been granted
the Governor cannot pardon it.
Is this power subject to judicial review?
According to the Constitution, the judiciary should not encroach upon the powers of
the executive. However, in certain cases this has been seen.
In the case of Epuru Sudhakar & Anr. v. Govt. of AP & Ors., the issue of whether the
pardoning power of the Governor is subject to judicial review or not came up. The
Hon’ble Supreme Court set aside the decision of the then Andhra Pradesh Governor,
Sushil Kumar Shinde. The Governor had advised for remitting the punishment of a
Congress activist in connection with the murder of two persons, one of whom was a
TDP activist. The division bench consisting of Justices S.H. Kapadia and Arijit Pasayat
expressly mentioned that the exercise of the pardoning power should be in compliance
with the Rule of Law.
Justice Kapadia, while concurring with the main ruling delivered by Justice Pasayat,
sought to remind “exercise of executive clemency is a matter of discretion and yet
subject to certain standards. It is not a matter of privilege. It is a matter of performance
of official duty… the power of executive clemency is not only for the benefit of the
convict but while exercising such a power the President or the Governor as the case
may be, has to keep in mind the effect of his decision on the family of the victims, the
society as a whole and the precedent it sets for the future.”
He also said “An undue exercise of this power is to be deplored. Considerations of
religion, caste or political loyalty are fraught with discrimination”. Thus, this judgment
gave a final conclusion that the settled position of law that exercise or non-exercise of
the pardoning power by the Governor would not be immune from judicial review.
Ordinance making power of the Governor
Under Article 213, the Government can issue an ordinance if the circumstances
compel him to do so, when either houses of the legislative assembly are not in session.
However, there are two circumstances under which the Governor cannot issue an
ordinance. They are:
• If the ordinance has certain provisions which the Governor would have
reserved for the President in case it was a Bill.
• If the State Legislature has an act with similar provisions and the same
would be declared invalid without the President’s assent.
Power to Make Laws – Relationship between Union and State Executives
Executive Powers of State be exercised in compliance with Union Laws: Article 256
lays down that the executive power of every State shall be so exercised as to ensure
compliance with the laws made by Parliament and any existing laws which apply in
that State, and the executive power of the Union shall extend to the giving of such
directions to a state as may appear to the Government of India to be necessary for that
purpose.
Executive Powers of State not to interfere with Executive Power of Union: Article 257
of the Constitution provides that the executive power of every state shall be so
exercised as not to impede or prejudice the exercise of the executive power of the
Union, and the executive power of the Union shall extend to giving of such directions
to a state as may appear to the Government of India to be necessary for that purpose.
In short, the Union Government can issue directions to the state Government even with
regard to the subjects enumerated in the state list.
Maintain means of communication of National or Military importance: The Union
Government can give directions to the state with regard to construction and
maintenance of the means of communication declared to be of national or military
importance.
Protection of the Railways: Union can issue State Governments necessary directions
regarding the measures to be taken for the protection of the railways within the
jurisdiction of the State. It may be noted that the expenses incurred by the State
Governments for the discharge of these functions have to be reimbursed by the Union
Government.
To ensure welfare of Scheduled Tribes in the States: Union can direct the State
Governments to ensure execution of schemes essential for the welfare of the Scheduled
Tribes in the States.
To secure instruction in the mother-tongue at the primary stage of education: Union
can direct the State Governments to secure the provision of adequate facilities for
instruction in the mother-tongue at the primary stage of education to children
belonging to linguistic minority groups.
To ensure development of the Hindi language: Union can direct the State Governments
to ensure the development of the Hindi language.
To ensure government of a State is carried on in accordance with the provision of the
Constitution: Union can direct the State Governments to ensure that the government
of a State is carried on in accordance with the provision of the Constitution. If any
State failed to comply with any directions given by the Union in exercise of its
executive power, then President may hold that, a situation has arisen in which the
Government of the State cannot be carried on in accordance with the provisions of the
Constitution. Thus he may proclaim President’s Rule in that State.
Delegation of Union’s function to State: The President of India can entrust to the
officers of the State certain functions of the Union Government. However, before
doing so the President has to take the consent of the state Government. But the
Parliament can enact law authorizing the Central Government to delegate its function
to the State Governments or its officers irrespective of the consent of such State
Government. On the other hand, a State may confer administrative functions upon the
Union, with the consent of the Union only.
Appointment of High Dignitaries: Union has major say in appointment and removal
of Governor and appointment of Judges of High Court and Members of State Public
Service Commission.
All India Services: The presence of the All India Services - the Indian Administrative
Services, Indian police Services - further accords a predominant position to the Union
Government. The members of these services are recruited and appointment by the
Union Public Service Commission. The members of these services are posted on key
posts in the states, but remain loyal to the Union Government.
Union to adjudicate Inter-State River Water Dispute: The Parliament has been vested
with power to adjudicate any dispute or complaint with respect to the use, distribution
or control of the waters of, or in any inter-state river or river-valley. In this regard, the
Parliament also reserves the right to exclude such disputes from the jurisdiction of the
Supreme Court or other Courts.