Powers of President and Governors in INDIA

1. POWERS OF PRESIDENT AND GOVERNORS IN INDIA
SUBMITTED TO: Mr HEMRAJ BADWAL
SUBMITTED BY: PRABHJOT KAUR

2. President
POWERS
OF
RAM NATH KOVIND

3. The President of the Republic of India is
the head of state of Indi and the commander-in-
chief of the Indian Armed Forces.
The President is indirectly elected by an
electoral college comprising the Parliament of
India (both houses) and the Legislative
Assemblies of each of India's states and
territories, who themselves are all directly
elected.
WHO IS PRESIDENT?

4. The Article 53 of the Constitution of India states
that the President can exercise his powers directly
or by subordinate authority, with few exceptions, all
of the executive powers vested in the President are,
in practice, exercised by the Prime Minister (a
subordinate authority) with the help of the Council
of Ministers. The President is bound by the
constitution to act on the advice of the Prime
Minister and Cabinet as long as the advice is not
violating the constitution.
INTRODUCTION

5. Whenever the office becomes vacant, the new
President is chosen by an electoral college
consisting of the elected members of both
houses of Parliament (M.P.s), the elected
members of the State Legislative Assemblies
(Vidhan Sabha) of all States and the elected
members of the legislative assemblies
(M.L.A.s) of two Union
APPOINTMENT

6. Article 53 All executive powers of the Union
are vested in him.
These powers are exercised by him either
directly or through subordinate officers in
accordance with the Constitution.
The Supreme Command of the Defence
Force is vested on the President and the
exercises it in accordance with law.
EXECUTIVE POWERS

7. *Executive powers of the President must be
exercised in accordance with the
Constitution.
In particular it includes the provisions of
article 14 (equality before law)
*President appoints the Prime Minister and
other ministers, and they hold office during
his pleasure.
EXERCISE OF EXECUTIVE POWER
OF PRESIDENT

8. *He appoints the Attorney General of India,
Comptroller and Auditor General of India, the
Chief Election Commissioner and other Election
Commissioners, the Chairman and Members of the
UPSC, the Governors of the states, the Chairman
and the members of the Finance Commissions etc.
*The President can appoint a commission to
investigate into the conditions of SCs, STs and
OBCs.
POWER OF APPOINTMENT

9. *The President also receives the credentials of
Ambassadors and High Commissioners from other
countries.
*The President is the Commander in Chief of the
Indian Armed Forces.
*The President of India can grant a pardon to or
reduce the sentence of a convicted person for one
time, particularly in cases involving punishment of
death
CONT….

10. The President of India can grant a
pardon to or reduce the sentence of a
convicted person for one time,
particularly in cases involving
punishment of death or Any
punishment.
PARDONING POWER OF
PRESIDENT

11. *The President can summon or end a session of the
Parliament and dissolve the Lok Sabha.
*He can address the Parliament at the commencement of
the first session after the general election and the first
session of each year.
*He can also summon a joint sitting of both the houses of
Parliament which is presided over by the Speaker of the Lok
Sabha.
*The President can appoint a member of the Lok Sabha to
preside over its proceedings the positions of Speaker as well
as Deputy Speaker are vacant.
THE LEGISLATIVE POWERS

12. *He also can appoint any member of the Rajya Sabha
to preside over its proceeding when both the
Chairman’s and Deputy Chairman’s office fall vacant.
*He can nominate 12 members to the Rajya Sabha
with extraordinary accomplishments in literature,
science, art and social service and two members to the
Lok Sabha from the Anglo-Indian Community.
*President’s prior recommendation or permission is
needed for introducing bills in the parliament
involving expenditure from Consolidated Fund of
India, alternation of boundaries of states or creation
of a new state.
CONT….

13. *When a bill is sent to the Parliament after it has been
passed by the parliament, the President can give his assent
to the bill or withhold his assent to the bill or return the bill
(if it is not a Money Bill or a Constitutional Amendment
Bill) for reconsideration of the Parliament.
*When a bill is passed by a State legislature is re-served by
the Governor for consideration of the President, the
President can give his assent to the bill, or withhold his
assent to the bill or direct the Governor to return the bill (if
it is not a Money bill) for reconsideration of the State
Legislature.
CONT….

14. President can promulgate ordinances when both
the Houses of the Parliament are not in session.
These ordinances must be approved by the
Parliament within the six weeks of its
reassembly.
The ordinance can be effective for a maximum
period of six months and six weeks
ARTICLE 123

15. President may proclaim a state of emergency
in the whole or part of India if he
realises/feels that a grave situation has arisen
in which the security of India on part of its
territory might get threatened by war or
external agression or rebellion. - Article 352
EMERGENCY POWERS OF THE
PRESIDENT

16. National emergency is caused by war,
external aggression or armed rebellion in the
whole of India or a part of its territory.
President can declare national emergency
only on a written request by the Cabinet
Ministers headed by the Prime Minister and
the proclamation must be approved by the
Parliament within one month.
NATIONAL EMERGENCY:

17. *National emergency can be imposed for six
months. It can be extended by six months by
repeated parliamentary approval, up to a maximum
of three years.
*Under national emergency, Fundamental Rights
of Indian citizens can be suspended. The six
freedoms under Right to Freedom are automatically
suspended.
*The Right to Life and Personal Liberty cannot be
suspended
CONT….

18. 1962 (Indo-China war)
1971 (Indo-Pakistan war)
1975 to 1977 (declared by Indira Gandhi
on account of "internal disturbance")
SUCH AN EMERGENCY HAS BEEN
INVOKED AT THREE INSTANCES

19. State Emergency or President’s Rule A State
Emergency can be imposed via the following:
*If that state failed to run constitutionally i.e.
constitutional machinery has failed - Article
356
*If that state is not working according to the
given direction of the Union Government
ARTICLE 356

20. Article - 360 President can proclaim a
Financial Emergency if financial stability or
credit of India or any part thereof is
threatened.
This proclamation must be approved by the
Parliament within two months.
This type of Emergency has not been
declared so far.
FINANCIAL EMERGENCY

21. *A money bill can be introduced in the Parliament
only with the President’s recommendation.
*The President lays the Annual Financial Statement
i.e. the Union budget before the Parliament.
*President can make advances out of the
Contingency Fund of India to meet unforeseen
expenses.
*The President continues a Finance commission
after every five years to recommend the distribution
of the taxes between the centre and the States.
FINANCIAL POWERS

22. *The president appoints the Chief Justice of
the Union Judiciary and other judges on the
advice of the Chief Justice.
*The President dismisses the judges if and
only if the two Houses of the Parliament
pass resolutions to that effect by two-thirds
majority of the members present.
*The president has the right to grant pardon
POWERS TO APPOINT JUDICIAL
OFFICERS

23. *The president enjoys the judicial
immunity.
*No criminal proceedings can be
initiated against the president during
the term in office.
*The president is not answerable for the
exercise of his/her duties
JUDICIAL IMMUNITY TO PRESIDENT

24. GOVERNOR
POWERS
OF
Kaptan Singh Solanki
Present Governor
of Punjab

25. A governor is a person who is the
constitutional head of the State .
The Constitution of India , by Article 153,
creates the office of Governor.
Article 153-167 deals with the subject of the
Governor of the State.
First Women Governor – SarojiniNaidu
(Governor of Uttar Pradesh, 1947–49).
WHO IS A GOVERNOR ?

26. Article 153 –There shall be a governor for each
state. [Provided that nothing in this Article shall
prevent the appointment of the same person as
Governor for two or more states.]
Article 154 –The Executive power of the state
shall be vested in the Governor and shall be
exercised by him either directly or through
officers subordinate to him in accordance with
this constitution.
INTRODUCTION

27. [ Article 155 ]-The governor of a state is appointed by the
President of India.
The Sarkaria Commission has suggested that Article 155
should be amended so as to ensure effective consultation
with the state Chief Minister in the matter of appointment
of Governor.
He is neither elected by the direct vote of the people nor by
an indirect vote by a specially constituted Electoral College
as in the case with the president. He is a nominee of the
central government.
APPOINTMENT

28. [Article 157]
A person to be eligible to be appointed as a Governor must
be –
(a)Citizen of India
(b)Must have completed the age of 35 Years.
The Governor cannot be a member of house of Parliament,
or of the state Legislature of any state. If a member of
either house of Parliament or the House of Legislature of
any such State is appointed as Governor, he shall be deemed
to have vacated his seat in the House on the date on which
he enters his office as Governor.
QUALIFICATION ARTICLE 157-159

29. Executive
[Article 154 ]- Executive power of the State –
(1) The Executive Power of the State shall be vested in the
Governor and shall be exercised by him either directly or through
officers subordinate to him in accordance with this constitution.
(2) Nothing in this article shall –
(a) be deemed to transfer to the Governor any functions
conferred by any existing law on any other authority ; or
(b) prevent Parliament or the Legislature of the State from
conferring by law functions on any authority subordinate to the
Governor.
Pardoning Power
POWERS

30. Article 161] says that the Governor shall have the
powers to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or
commute the sentence of any person convicted of any
offence against any law relating to matters to which the
executive power of the state extends.
The executive power of the State extends to matter with
respect to which the Legislature of the State has power
to make laws [Article 200}
LEGISLATIVE POWER

31. [Article 213 ] of our Indian Constitution Provides the
Ordinance making power to the Governor .
Article 213 , states
▪ Power of Governor to Promulgate ordinance during recess
of Legislature
If at any time, except when Legislative assembly of a state
is in session of a state, or where there is a Legislative
council in a state, except when both houses of Legislature
are in session, the Governor is satisfied that circumstances
exists which render it necessary for him to take immediate
action, he may promulgate such ordinance as the
circumstances appear .
ORDINANCE -MAKING POWER

32. ▪ The ordinance shall be laid before legislature of the state and shall
cease to operate at the expiration of 6 weeks from the re-assembly of
the legislature .
▪ The ordinance may be withdrawn at anytime by the Governor .
▪ Governor can only issue Ordinance on the subject on which the state
Legislature is empowered to make laws .
Financial
▪ A money bill can not be introduced in the Legislative Assembly of the
State without the recommendation of the Governor .
▪ No demand of grants can be made except on the recommendation of
the Governor [Art.203 (3) ] .
VALIDITY OF THE ORDINANCE

33. Financial Power
▪ A money bill can not be introduced in the Legislative Assembly of the
State without the recommendation of the Governor .
▪ No demand of grants can be made except on the recommendation of
the Governor [Art.203 (3) ] .
Discretionary Power
It was felt necessary to confer discretionary powers on the governor for
two main reasons: ▪ 1)the governor has to serve as an agent of the
central government in the state ▪ 2)he is an important link between the
centre and the state to maintain the unity and integrity of the country.
FINANCIAL AND DISCRETIONARY

34. Under the Constitution, there are several categories of actions which
the governor may take in his discretion, viz. :
▪ Art 200 requires him to reserve for the President’s consideration any
Bill which in his opinion derogates from the powers of the High Court;
▪ to reserve any other bill; ▪ to appoint the chief minister of the State;
▪ Governor’s report under Art.356;
▪ Governor’s responsibility for certain regions such as the Tribal Areas
in Assam and responsibilities placed on the governor’s shoulders under
Art 371A, 371C, 371E, 371H.
▪ Dissolving the State Legislature
OTHER POWERS

35. 1. May declare, his assent to any
Bill passed by the Houses of
Parliament.
2. If the State Bill is a Money Bill,
the President may declare that
he assent to it or withholds his
assent.
1. May declare his assent to any Bill
passed by the State Legislature.
2. May neither declare nor
withhold assent and may not
return it but may reserve it for
the consideration of the
President.
PRESIDENT GOVERNOR
CONCLUSION