This article is written by Mananjot Singh, a student of Lovely Professional University. He has written this article on the Powers of the President and governor.
Table of Contents
The President of Asian country: Powers and responsibilities
The President of the Republic of India is the pinnacle of state and also the supreme commander of the Indian Armed Forces. The legislative assemblies of India’s states and union territories, furthermore because the directly elected members of the Rajya Sabha and Lok Sabha, indirectly elect the country’s president. The duty and power to defend the Constitution are given to the President of India.
The primary duty of the President is to preserve, shield and defend the constitution and also the law of Asian countries as created a part of his oath (Article sixty of the Indian constitution). The President is the common head of all freelance constitutional entities. All his actions, recommendations (Article 3, Article 111, Article 274, etc.) and higher-up powers (Article 74(2), Article seventy-eight c, Article 108, Article 111, etc.) over the chief and legislative entities of India shall be employed in accordance to uphold the constitution. there’s no bar on the actions of the President to contest within the court of law. The President of an Asian country is the Head of State. The system of the state of India could be a cupboard kind of government. The Indian President is, therefore, a constitutional head just like the King or Queen of Britain—that is, all govt powers are constitutionally unconditional in him, though those are exercised and dead by the cabinet. In India the powers of the Union government are treated because the powers of the President as a result of these powers are employed in his name in pursuance of the constitutional stipulation below Article fifty-three that reads: The executive powers of the Union shall be unconditional within the President and shall be exercised by him either directly or through the officer’s subordinate to him by this Constitution.
- Head of the Union: The President is at the pinnacle of the Union govt. Consequently, all executive powers are exercised in the chief power of the Union to be exercised by the President is extended to the matters about that Parliament has the power to make laws and to conclude pacts and agreement.
- Appointments: As head of the executive, the President appoints the Governors of States, the Judges of the Supreme Court conjointly the} High Courts, the Auditor General of Asian countries and lots of other high officials, corresponding to the members of the Finance Commission, Election commission, Union Public commission and so on.
- Appointment of the Prime Minister and other Ministers: The President also appoints the Prime Minister and together with his recommendation the opposite Ministers of the Union Council of Ministers. however here too, as all told different appointments, the President will rarely use his discretion. He is, ordinarily, obliged to summon the leader of the organisation that secures a relative quantity within the Lok Sabha to become the Prime Minister and type the Ministry. He will fancy some discretionary powers in the matter solely below exceptional circumstances. once no single political party wins a transparent absolute majority and, as a result, no Council of Ministers are often shaped while not a coalition of parties the President can exercise his discretion judiciously in appointing the Prime Minister. Such things developed in the past.
India has entered into the associate age of coalition politics. And it’s going to thus happen that no single party are going to be ready to secure an absolute majority, and also the President may be needed to exercise his discretionary power a few times to come, in appointing Prime Minister.
Legislative Powers and Functions
- President could be a part of Parliament: The Union legislative assembly or Parliament consists of the President and 2 homes The President is, therefore, an integral part of the Union Legislature. He shall summon from time to time, either severally or jointly, the homes of Parliament. The President will prorogue the homes or either House of Parliament or, if necessary, can dissolve the lower Chamber of Parliament, the Lok Sabha. For example, the President solved the twelfth Lok Sabha in early 1999 once the boldness motion in favour you’re of the Vajpayee government was lost within the Lok Sabha.
- Summons and Addresses Parliament: The President could address either each House of Parliament. In such an address, at the primary session when election to the Lok Sabha and at starting of a joint session of Parliament every year, he may place the explanations for conjury it. except addressing Parliament, the President may also, just in case of three necessities, send messages to either House or to both homes [Article 86(2)]. Normally, the President doesn’t send such a message, unless however, he incorporates a serious disagreement with the Council of Ministers.
- Nomination: The President nominates a variety of members in each The chief purpose of the nomination is to confirm adequate illustration in Parliament of all sections of the population that several not perpetually be achieved through elections.
- Power in respect of Bills: The President has bound functions in respect of the passing of a bill gone by both the homes of Parliament and needs his assent to become AN Act. He could offer his assent to a bill or can withhold assent once a bill, when obtaining approved in each of the Houses, is placed before the President. But, if Parliament, working on President’s refusal to assent to a bill, passes it once more with or while not amendment, for the second time and presents it to the President for his approval, the President shall not withhold his assent there from underneath Article 111.
Powers and Functions of Governor
Most of the supply within the Constitution of Asian countries springs from the govt. of India Act 1935. Accordingly, underneath this Act, the Governors were “by the dominion, of the Raj and for the Raj”. The members of the Constituent Assembly were projected by the members of the sub-committee consisting of
B.G. Kher, K.N. Katju and P. Subbarayan. Since then, arose a clash between the powers of the Governor and therefore the Chief Minister, and the system of appointed Governor of the state came into existence.
The Constitution of India provides for the position of a Governor in each State. Article 153 lays out that there shall be a Governor for every state and in some cases, a constant person will be appointed as Governor of 2 or a lot of states as expedited by the seventh Constitutional change Act of 1956. The Governor is that the chief government head of the State however he enjoys solely nominal or titular power just like the President of India. The Governor, on the opposite hand additionally acts because the agent of the Central Government which suggests that his workplace contains a twin role.
The Governor of State possesses executive, legislative, money and judicial powers that are briefed as under.
- All the chief actions of the government are taken in his name formally (Art 166).
- He is chargeable for appointing Chief Ministers and different
- He has the facility to appoint a social group Welfare Minister within the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha (Bihar was excluded by the 94th modification Act, 2006)
- He appoints the State Election Commissioner and Advocate
- He conjointly appoints the Chairman and members of the State Public Service Commission however they will be removed solely by the President and not the
- He will not delay an Associate in Nursing emergency within the State however can advocate the imposition of a constitutional emergency to the President.
- He acts because the Chancellor of the State Universities and also appoints Vice-Chancellors of universities in the
- He can summon or prorogue the State general assembly also as can dissolve the State
- He addresses the State general assembly at the commencement of every session and also the primary session ever
- In case the workplace of the speaker or the deputy speaker falls vacant, he can appoint any member of the State Legislative assembly to command over its
- He nominates 1/6th of the members of the general assembly from folks with special
- In consultation with the Election communion, he can pick disabling a member of the State
- After the bill has been passed within the Legislature, he can offer his assent to the bill, withhold it or come back the bill for reconsideration. If the bill is once more passed in the Legislature, with or while not the amendment, he needs to give assent to the bill. He may reserve the bill for the thought of the
- The most significant Legislative performance is that he can create ordinances once the state legislature is not in session, and they should be approved by the state general assembly at intervals vi weeks from its
- He ensures that the Annual State Budget (Annual money Statement) is set before the State
- Only along with his previous recommendation will a cash bill be introduced within the State Legislature.
- If there are any unforeseen circumstances, he can create use of the Contingency Fund of the state to satisfy expenditure.
- He conjointly constitutes a Finance Commission when every five years to review the financial position of the Panchayats and therefore the
- He has the facility to grant pardons, respites, suspension of punishments, and the remit of commuting somebody guilty of any offence against any law (Article 161).
- While appointing Judges of any State High Court, he’s consumed by the
- Governor, in consultation with the State High Court, makes appointments, posting and promotions of District Judges.
The constitutional position of the Governor
As the Governor is the slicker of the state, he is not sceptred to exercise real power. Real power is unconditional on the Chief Minister and Council of Ministers. Specific reference needs to be created while analysing his constitutional position that is set gets into Articles 154, 163 (discretionary power) and 164.
Article 256 states that every state ought to utilize its executive powers in line with the laws created by the Parliament and mentioned that the Union could exercise its executive power to direct the State once the govt deems suited to an exact purpose.
Article 257 (1 and 2) makes it clear that the chief power of States should exercise while not obstructive the exercise of the executive power of the Union. It conjointly extends to administer directions to a State for the development and maintenance of means of communication declared within the direction to be of national or military importance.
Article 355 “entrust the duty upon the Union government to shield the States against external aggression and internal disturbance and to confirm that the govt of each State is carried on as per the provisions of the Constitution.
Article 356 maintains that if the government is unable to perform in keeping with the provisions set to get into the Constitution, the Union Government will take direct management of the State Machinery. The Governor of the state can proclaim when he has obtained the consent of the President of India.
Article 357 focuses on the exercise of legislative powers beneath the Proclamation issued under Article 356 by the Central Government. The constitution highlights the chance of the Governor working at his discretion, such a prospect has not been created for the President. Also, the ministerial recommendation has been made binding on the President by the forty-second Constitutional modification Act 1976, it’s not constant for the Governor. the choice of the Governor is final if any question arises then the matter falls at intervals at the discretion of the Governor or not. Hence, it is often aforementioned that he enjoys Constitutional discretion however his action needs to be in line with the direction of the Union government.