Constitution 2

Name - Sumit Dubey
Enrollment no. 03219103819
BA LLB – 3
PSDA Activity
Constitutional Law
TOPIC 1- President and Governor, Power and Function
PRESIDENT: Article 52 of the Constitution says that there shall be a President of India. He is the
Head of the State. The executive power of the union, Article 53 says, shall be vested in the
President and it shall be exercised by him in accordance with the Constitution either directly or
through officers subordinate to him.
Powers and function of the President
Executive Functions
 Head of the union: The President is at the head of the Union Executive. Consequently,
all executive powers are exercised in his name. The executive power of the Union to be
exercised by the President is extended to the matters with respect to which Parliament
has power to make laws and to conclude treaty and agreement.
 Appointments: As head of the executive, the President appoints the Governors of
States, the Judges of the Supreme Court and the High Courts, the Auditor General of
India and many other high officials, such as the members of Finance Commission,
Election commission, Union Public commission etc. The President also appoints the
Prime Minister and with his advice the other Ministers of the Union Council of Ministers.
 Supreme Commander: As head of State, the President is the supreme Commander of
the Armed Forces of India and is entitled to declare war or conclude a treaty.
Legislative Powers and Functions
 President is a part of Parliament : The Union Legislature or Parliament consists of the

President and two Houses of Parliament. The President is, therefore, an integral part of
union legislature. He shall summon from time to time, either separately or jointly, the
houses of Parliament.
 Summons and Addresses Parliament : : The President may address either or both House
of Parliament. In such address, at the first session after general election to the Lok
Sabha at beginning of a joint session of Parliament each year, he may place the reasons
for summoning it.
 Power in respect of Bills : The President has certain functions in respect of passing of a
Bill. A bill passed by both the Houses of Parliament requires his assent in order to
become an Act.
Financial Powers and Functions : The President of India also exercises financial powers. No
money bill can be introduced in Parliament without the recommendations of the President.
According to the Constitution of India, the Annual Financial Statement is placed by the
President before both the Houses of Parliament.
Emergency Powers of the President : The president has the power of national emergency,
Failure of State Constitutional Machinery and financial emergency. The President of India may
issue a Proclamation of National Emergency when the security of India or any part thereof is
threatened by war, armed rebellion or external aggression.
GOVERNOR
According to Article 153 of the Constitution of India There shall be a Governor for each state.
The Governor of a State is appointed by the President of India. In order to become a Governor,
a person must have the following qualifications.
Powers of Governor : Legislative Powers :
 As the Governor is said to be a part of the State Legislature, he has the right of
addressing and sending messages, summoning, deferring and dissolving the State
Legislature. The Governor must be guided by the Chief Minister and his Council of
Ministers before making such decisions.
 The Governor inaugurates the state legislature and the first session of each year, by
addressing the Assembly, outlining the new administrative policies of the ruling
government.
Judicial powers : The Governor can grant pardons, reprieves, respites or remission of
punishments. He can also suspend, remit or commute the sentence of any person
convicted of an offence against the law.
 The Governor is consulted by the President in the appointment of the Chief Justice to
the High Court of that particular state.
Emergency Powers: In case no political party bags a majority in the Vidhan Sabha of the
state, the Governor holds the power to use his discretion to select the Chief Minister.
 The Governor informs the President in an official report, of a particular emergency
arisen in the state, and imposes ‘President’s Rule’ on the behalf of the President. The
Governor, in such circumstances, overrides the advice or functions of the Council of
Ministers, and directs upon himself, the workings of the state.
CASE LAWS
In Re: Presidential Poll v. Unknown on 5 June, 1974: In this case the holding of the election of
President was again challenged on the ground that the electoral college as provided in Articles
54 and 56 would be incomplete because the Gujarat legislative assembly was dissolved. The
Supreme Court held that the explanation to fill the vacancy in the office of the President must
be completed before the expiration of the term of the President having regard to Articles 62(1),
54 and 55 of the Constitution. Article 56(1) (c) applies to a case where a successor has not
entered in his office in such circumstances can a President whose term has expired continue in
his office.
Dr N.B KHARE V. ELECTION COMMISSIONER OF INDIA: In this case the validity of presidential
election was again challenged. The court held that since under Section 14 of the Presidential
and Vice presidential election act, 1952 an election could only be questioned by a candidate at
such election by 20 or 10 or more electors therefore Dr. Khare who was neither a candidate nor
an elector was not entitled to challenge the validity of election of the President.
JUMMAN KHAN V. STATE OF UP : The petitioner was convinced of committing rape on a 6

year old girl and strangulating her to death and was awarded sentence of death by session
judge, Agra which was confirmed by the High Court. His special leave petition was also rejected
by the Supreme Court. His petition for pardon was rejected by governor on Feb, 1988. The
mercy petition addressed to the President was received by the Ministry of Home Affairs and
same was rejected on October 1988. It was argued that mercy petition rejected by the
President require reconsideration. It was held that after examining the same carefully the court
found no ground for interference.
ANALYSIS: Article 52 of the Constitution says that there shall be a President of India. He is the
Head of the State. He has financial powers, executive powers, legislative powers, military
powers, diplomatic powers etc. According to Article 153 of the Constitution of India There shall
be a Governor for each state. The Governor of a State is appointed by the President of India. He
also have legislative powers, emergency powers, judicial powers etc.
 AIR 1957 SC 1982

 AIR 1958 SC 139 : 1958 SCR 648
 (1991) 1 SCC 752

Constitution 2

Uploaded by

Copyright:

Available Formats

Constitution 2

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Constitution 2

Uploaded by

Copyright:

Available Formats

Name - Sumit Dubey

Enrollment no. 03219103819

TOPIC 1- President and Governor, Power and Function

Powers and function of the President

Legislative Powers and Functions

 President is a part of Parliament : The Union Legislature or Parliament consists of the

Powers of Governor : Legislative Powers :

JUMMAN KHAN V. STATE OF UP : The petitioner was convinced of committing rape on a 6

 AIR 1957 SC 1982

You might also like