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The Constitution of India provides that the Vice-President of India shall be the ex-officio Chairman of the Council of States. The Constitution of India has not fixed any emoluments for the Vice-President of India in that capacity.

When the President of India is to be impeached for violation of the Constitution, the charge can be preferred by either House of Parliament.
Statement 2 is incorrect as the said period is six months.

The Vice-President of India may be removed from his office by a resolution of the council of states passed by a majority of all the then members of the council and agreed to by the House of the People. An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term. The Vice-President shall, not- withstanding the expiration of his term, continue to hold office until his successor enters upon his office.

The Vice-President is elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote. The voting at such election shall be by secret ballot.

The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State. He is elected in accordance with the system of proportional representation by means of a single transferable vote. A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State

The Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members (effective majority) of the Council and agreed to by the House of the People. Such resolution can be  passed only after at least fourteen days’ notice has been given of the intention to move the resolution.

• The third option is incorrect. The said maximum period is six months*.

• The tenure of Vice President is five years as per the Constitution.

• The vice president is eligible for re-election as per convention.

• Election disputes of president and vice-president comes under the exclusive original jurisdiction of the Apex Court.

A Vice-President by writing a resignation letter to the President may resign.

‘Vice-President as the Chairman of the Upper House’ is not a feature of parliamentary system of government. Moreover, the office of Vice President is itself non-existent in other parliamentary systems of Governments in Commonwealth countries or in Ireland.

In parliamentary system of government executive is made accountable and answerable to legislature.

Losing confidence in popular house in practice means losing majority in the Lok Sabha which leads to dissolution of council of ministers and cabinet. However, whether lower house is dissolved depends on President’s discretion.

The popular house means that its members are elected by the people.

• Parliamentary Government : Collective responsibility of executive to legislature.

• Presidential Government : True separation of power exist between executive and legislative branches of the state unlike Parliamentary system where President and all the ministers paly a dual role.

• Federal System : Division of powers and devolution of responsibilities.

• Unitary System : Centralization of power.

A trait of Parliamentary system of Government.

This is a common practice in parliamentary democracies particularly in commonwealth.

Executive remains in power as long as it enjoys confidence in legislature in parliamentary democracies unlike in presidential system where once elected, executives cannot be removed by legislature (In USA through impeachment and trial procedure president (or any executive) could be removed by Congress. However, in that case too government continues and Vice President discharges the functions of the President).

Strict separation of powers between executive and legislature is a feature of presidential form of government.

When the President of India is to be impeached for violation of the Constitution, the charge can be preferred by either House of Parliament.
Statement 2 is incorrect as the said period is six months.

On the expiry of the term of five years by the President of India, the outgoing president must continue to hold office until his successor enters upon his office. The Electoral College for the president’s election consists of the elected members of the Legislative Assemblies of Delhi and Puducherry also.

The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.

• The chief election commissioner is removed from his office in the same manner as a judge of Supreme Court by a special majority of the parliament.

• The governor holds office during the pleasure of president.

• The prime minister resigns when his council of ministers loses confidence in lower house. There is no removal procedure for him.

• The speaker is removed when Lok Sabha passes a resolution in this regard with an effective majority.

1. In a hung Lok Sabha the President may ask a candidate who is likely to have majority support in the lower house to become the prime minister or President can simply dissolve the lower house and go for fresh election if he thinks government formation is not possible.

2. The President can dismiss a government which has lost majority in the lower house and not bound by any advice given such council of ministers as it would be violation of constitutional provisions mentioned in 75(3).

3. The allocation of business must be done with aid and advice of council of ministers.

4. If one incumbent government loses majority in lower house prematurely, the President may look for alternate government forming or he can simply dissolve the lower house and go for fresh election. Again, after election if the lower house happens to be hung then too President can try to form a government or go for fresh election if he thinks that government formation is not possible.

1, 2 and 4 are correct.   

• There shall be a Council of Ministers headed by the Prime Minister to aid and advise the President who shall act in accordance with such advice.

• The President may require the Council of Ministers to reconsider such advice.

• The President shall act in accordance with the advice tendered after such reconsideration.

• President’s and Governor’s power of pardon, respite, reprieve etc.

• Executive power of the Union Is vested on the President.

• The president appoints the Prime Minister.

• The president appoints Attorney General.

The President can commute death sentence to life imprisonment as per Article 72.

• Previously, the governor could not pardon the death sentence, which only the Indian President could do. But recently on 3rd August 2021, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.
• The recent judgement regarding the Governor’s power to pardon overrides a provision in the Code of Criminal Procedure — Section 433A  —which mandates that a death row prisoner’s sentence can be remitted only after 14 years of jail. Article 161 is silent on this issue.

• The President’s power to pardon extends to punishments or sentences by court martial as per Article 72.

As per Article 103 ,before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.

As per the Article 267, Contingency Fund shall be placed at the disposal of the President to enable advances to be made by him.

A resolution containing the proposal is moved after a fourteen days’ (not seven days’) notice in writing signed by not less than 1/4th of the total number of the members of that House. The resolution is passed by a majority of not less than 2/3rd of the total membership of that House.

44th  Constitutional amendment, 1978 gave president a privilege to return any such advice to the council of minister for reconsideration by amending the same Article. However, if council of ministers renders same advice again, the president has no option but to comply with such advice.

These all are legislative powers of the President.

The post of the Prime Minister is mentioned in Article 75. In case of resignation or death of the Prime Minister, Council of Ministers is dissolved. Here, President can invite any candidate (most likely from ruling party if the ruling party still enjoys majority in the lower house) who is likely to have backing of majority of members of lower house to become the Prime Minister. So, General Election is not necessity here unless no fresh majority government can be formed.

Number of ministers, including the prime minister should not be more than 15% of total number of members of Lok Sabha. There is no guideline in this regard in the Constitution. President appoints a person as a Prime Minister who has as President thinks, the backing of required number of MPs in the Lok Sabha and is most likely to form a stable government.

Both are removed by the Parliament in like manner as a judge of Supreme Court.
The Chairman or any other member of UPSC shall only be removed from his/her office by order of the President of India on following grounds: if he
a.    is adjudged an insolvent; or
b.    engages during his term of office in any paid employment outside the duties of his office; or
c.    is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

However, if the ground of removal is “misbehaviour” then the Supreme Court shall hold an enquiry and based on that enquiry only President can remove the Chairman of UPSC.

Cabinet ministers enjoy office during the pleasure of the President.

CAG does post facto auditing of receipts and expenditure of government accounts.
• It does not control issue and receipt of public money. Though constitution of India visualized the CAG to be Comptroller as well as Auditor General of India, but in practice, it functions as Auditor General only not as a Comptroller whereas in UK CAG is Comptroller as well as Auditor General.
• CAG, in India, has no control over the issue of money form the consolidated fund and many departments are authorized to draw money by issuing cheques without specific authority from CAG whereas in Britain, executive can draw money from the public exchequer only with approval of the CAG. In India CAG is concerned only at the audit stage where expenditure has already taken place.

(more on this later)

1. Ordinance making power of the President is co-extensive with legislative power of Parliament which means 
a. such ordinance has same effect  as a law duly passed by the parliament.
b. president can promulgate ordinance on any matter on which Parliament is competent to enact laws. Thus, ordinary bills, money bills, finance bills all can be promulgated through ordinance. Ordinance could be retrospective also like any legislation. However, constitutional amendment is different legislative process. Constitutional amendment cannot be made through the ordinance route.
2. Ordinance ceases to operate on expiry of six weeks from the reassembly of the Parliament if not disapproved by the parliament before expiration of such period.
3.Ordinance can be withdrawn any time by the President.
4. Ordinance is issued by the President on the advice of Council of Ministers.

As per the The President  (Discharge of Functions) Act, 1969. Constitution does not have any provision regarding this.

President, the Vice-President, Council of Ministers : play dual role as they are parts of both executive and legislature.

SG is appointed by the Appointments Committee of the Cabinet Whereas Attorney General of India is appointed by the President under Article 76(1) of the Constitution. The solicitor general of India is appointed to assist the attorney general.

CAG Shall not be eligible for any further office either under the government of India or under the Government of any State after his retirement    Provisions in the Constitution to secure the office of CAG as an independent institution:

1. He does not hold his office during the pleasure of the president, though he is appointed by him.
2. He is removed from office by following a special procedure for removal (like a Supreme Court Judge).
3. Salary and expenses Charged (not Voted) to the Consolidated Fund of India. 
4. He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold his office.

No criminal proceedings shall be conducted against the President or the Governor during his term of office. The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State  The Governor shall not hold any other office of profit. The emoluments and allowances of the Governor shall not be diminished during his term of office.

MLAs representing constituencies in states with more population (based on 1971 census) have greater values of their votes. To calculate the number of voters each MLA represents, the total population of the state is divided by the number of assembly members and then divided by 1,000. For example in UP value of vote of each MLA is 208 whereas for Sikkim the value is only 7 (punishment for population control?). The value of vote of each MPs of the Lok Sabha and the value of vote of each MPs of the Rajya Sabha are same (708) which is obtained by adding values of votes of all elected MLAs and dividing that with number of elected members of Parliament.

The executive remains responsible to the legislature: this is the main advantage of parliamentary form of Government. However, it is also a source of various weaknesses found in the system like instability, political blackmailing, incompetent ministers who could be selected under pressure, aversion to experts etc.

Parliamentary democracy ensures accountable government by providing collective responsibility of the Government to the people through their representatives sent to parliament.

The Executive Power of the union of India is vested on the President. Cabinet Secretary is the ex officio Chairman of the Civil Services Board.

Office of Governor related Suggestions of National Commission to Review the Working of the Constitution (2002):
The Governor of a State should be appointed by the President only after consultation with the Chief Minister of that State.

Normally the five year term should be adhered to and removal or transfer should be done after consultation with the Chief Minister of the concerned State.

In the matter of selection of a Governor, following criteria  should be considered
- He should be eminent in some walk of life. 
- He should be a person from outside the State. 
- He should be a detached figure and not too intimately connected with the local politics of the State. 
- He should be a person who has not taken too great a part in politics generally, and particularly
In the recent past. (this point is same as suggested by the Sarkaria Commission earlier)

There should be a time-limit – say a period of six months – within which the Governor should take a decision whether to grant assent or to reserve a Bill for consideration of the President. If the Bill is reserved for consideration of the President, there should be a time-limit, say of three months, within which the President should take a decision whether to accord his assent or to direct the Governor to return it to the State Legislature or to seek the opinion of the Supreme Court regarding the constitutionality of the Act under article 143.

The Governor should not be allowed to dismiss the ministry, so long as it enjoys the confidence of the Assembly.

Ordinance making power dilutes the separation of power between the legislature and the executive. Because executive branch in this case promulgates legislation. However, ordinance making power is not parallel to or independent of the legislature. Ordinance could only be issued to tackle some exigencies which demand prompt action and at times when either of the two houses of parliament are not in session. Such ordinance is to be laid before legislation and becomes invalid after six weeks from the date of reassembly of the parliament if not disapproved by it before the said period. However, these constitutional principles are regularly flouted. More on this later.

• The President of India is a part of the Parliament of India.
• The Constitution of India vests the executive power of the Union formally in the President.
• The President can be removed from the office only by the Parliament by following the procedure for impeachment.

Pardoning power is not a discretionary power of the President and exercised on the advice of Ministry of Home Affairs. He is not bound to give reasons for his decisions. It is not subject to judicial review. In kehar Singh Case, 1989, the Supreme Court held that the court cannot review President’s or Governor’s decision on its merit but has a limited power of judicial review so that all facts and evidences could be presented to the President/Governor so that he/she can take an informed decision. (more on this issue later)

Vice-President can act as the President for a maximum period of 6 months only. He gets the same salary and emoluments as the President of India during that period when he is acting as the president.

The Constitution confers immunity to the President and the Governors from criminal and civil cases during their term of office. The Constitution allows the appointment of the same person as the Governor for two or more states. The State Council of Ministers shall be collectively responsible to the State Legislative Assembly ( not Governor).

The Parliament consists of the President, Council of States and House of the People.

The resolution has to be moved after at least fourteen days’ (not thirty days’) notice in writing.

The President can make a proclamation of emergency under Article 356 even  if he does not receive  governor’s letter recommending imposition of the same.

• The office of President of India

• Term of President’s office

• Impeachment of President

• Election of President

Different types of majority procedures in constitution of India:

1. Absolute Majority: It refers to a majority of more than 50% of the total membership of the house.

Applicability: This kind of majority is not used generally.
Absolute majority is more important notionally.  If a political party has an absolute majority, it indicates it will form the government and the house will be stable.

2. Effective majority:  Effective Majority of the house means more than 50% of the effective strength of the house. This means that out of the total strength,  the number of vacant seats are deducted. When the Indian Constitution mentions “all the then members”, that refers to the effective majority.

Applicability: Removal motion of Vice-President in Rajya Sabha, removal motion of Speaker in Lok Sabha.

3. Simple majority: This refers to the majority of more than 50% of the members present and voting.

Applicability: All ordinary bills and ordinary motions/resolutions are passed by simple majority.

4. Special majority: All types of majorities other than the absolute, effective or simple majority is known as the special majority. Special majority are of four types.
Type I - Special Majority as Per Article 249 : Special majority as per article 249 requires a majority of 2/3rd members present and voting.

Applicability: According to Article 249, Rajya Sabha passes resolution to empower the parliament to make laws in the state list. (valid up to 1 year, but can be extended any number of times).

Type II - Special Majority as per Article 368 : Special majority under Article 368 requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
Applicability: 
• To pass a constitutional amendment bill which does not affect federalism.
• Removal of judges of SC/HC.
• Removal of Chief Election Commissioner.
• Removal of Comptroller and Auditor General.
• Approval of national emergency.
• Resolution by the state legislature for the creation/abolition of Legislative Council.
• Type III – Special Majority as per Article 368 along with ratification of half of state assemblies by a simple majority.

Applicability : This type of special majority is required when a constitutional amendment bill try to amend the federal features.
Type IV – Special Majority as per Article 61: Special Majority as per Article 61 requires a majority of 2/3rd members of the total strength of the house
Applicability : For the impeachment of president.

The president makes rules for more convenient transaction of the business of the Government of India, and for allocation among Ministers of the said business.

President must give his assent to constitutional amendment bills after duly passed by both the houses of the parliament. He can neither withhold nor return such bills.

Other relevant information: A private member can introduce a constitutional amendment bill in any house of the Parliament. Prior approval from president is not a requirement to introduce constitutional amendment bills. In case of money bills prior recommendation from president is required to introduce such bills. President cannot return money bills; he can either give his assent or withhold his assent.

• 42nd Constitutional amendment, 1976 made it expressly clear by amending Article 74 that President must act in accordance with aid and advice of the council of ministers rendered to him. In original constitution it was not explicitly mentioned.

• 44th  Constitutional amendment, 1978 gave president a privilege to return any such advice to the council of minister for reconsideration by amending the same Article. However, if council of ministers renders the same advice again with or without any modification, the president has no option but to comply with such advice.

A. The president can use his power to grant pardon, respite, reprieve etc in following cases:  

1. The President may exercise such powers in all cases where punishment or sentence is for an offence against any law falling within the executive power of the Union.

2. The President may exercise such powers in all cases where the sentence is a sentence of death.

3. The President can do so in all cases where the punishment or sentence is by a Court Martial.

There is no obligation on the President to hear mercy petition.

B. Pardoning power of the Governor:
1. The Governor of a State has the power 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 a matter to which the executive power of the State extends.

C. Difference between pardoning powers of the President and Governor:

1. Previously, the governor could not pardon the death sentence, which only the Indian President could do. But recently on 3rd August 2021, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.
The recent judgement regarding the Governor’s power to pardon overrides a provision in the Code of Criminal Procedure — Section 433A  —which mandates that a death row prisoner’s sentence can be remitted only after 14 years of jail. Article 161 is silent on this issue.

2. The President’s power to pardon extends to punishments or sentences by court martial as per Article 72. Governor does not enjoy such power in offences related to court martial.

3. Difference of domain is there vis-à-vis extension of executive power of Union and States.

Appointments are made by the President on the advice of the Council of Ministers.

• The Prime Minister and all Union Ministers are appointed by the President.

• The President appoints and removes the chairmen and the members of statutory bodies on the advice of council of ministers or in accordance with relevant constitutional/statutory provisions.

• The President is the supreme commander of the Armed Forces.

Electoral college of president consists of only elected members of parliament and state legislative assemblies.

If a Bill other than Money Bill is returned by the President for reconsideration of the Houses and the Bill is again passed by both the Houses of Parliament with or without amendments and again presented to the President, then it is obligatory to him to declare his assent to it.
A Bill for the purpose of formation of new States and alteration of areas, boundaries or names of existing States can be introduced in either House of Parliament with prior recommendation of the President.
Additional information regarding bills requiring prior recommendation from the president: Following kinds of bills need such recommendation from the president-
1. Bills that seek to change or alter name, boundaries, area of a state or form a new state by separation of territory from any state.

2. Bill which imposes or varies any tax or duty in which states are interested.
3. State Bills imposing restrictions on freedom of trade.

4. Money Bills.

The president can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the prime minister.

The emoluments and allowances of the President shall not be diminished during his term of office. The President is entitled to use his official residence without any payment of the rent. The President is barred from holding any other office of profit after assuming charge of Presidential office. The President shall not be a member of either House of Parliament or of a House of the Legislature of any State.

President cannot return a money bill. He can either withhold or give assent.
Following comes under President’ s legislative power:

1. President is part of the parliament.

2. President has power to summon or prorogue the two houses of parliament.

3. Power of Dissolving the Lok Sabha

4. Power of Returning a Legislative Bill for reconsideration.

5. Right to address and send message: After the general Elections at the commencement of first session and at beginning of the first session of each year, the president addresses both the houses of the parliament assembled together. 
However, He may address either house or even a joint sitting anytime he thinks fit. He can also send message to parliament with respect to a Bill pending in Parliament or otherwise.
6. A Bill passed by the parliament becomes an act only after president has given assent to it. Thus, parliamentary process cannot be completed without the president playing his role. President enjoys veto power.
7. There are some bills which require prior recommendation of the President.

8. Ordinance making power.

9. Right to nominate 12 members in Rajya Sabha.

10. He causes to be laid down several reports in the Parliament e.g. reports of UPSC, CAG, Finance Commission, Annual Financial Statement.

11. Disallowance of state legislation under Article 200.

President may resign by writing to the Vice-President. President shall continue, notwithstanding the expiration of his term, to hold office until his successor enters upon his office. He is eligible to hold the office for more than two terms. There is no restriction in the Constitution in this regard like Constitution of USA.

Chairman of a State Public Service Commission is appointed by the Governor. However, he is removed by the President.

Appointments of following constitutional positions are done by the President (on the advice of Council of Ministers): 
1. Judges of the High Courts and Supreme Courts
2. State Governors
3. Union Ministers including the Prime Minister
4. CAG
5. Finance Commission
6. Chairman and other members of UPSC
7. Chairman of National Commission for SCs
8. Chairman of National Commission for STs
9. Chairman of National Commission for OBCs
10. Chief Election Commissioner and two other Election Commissioners 
11. Special Officer for linguistic minorities

Elected Members of the Vidhan Parishads are not part of electoral college that votes to elect the President.

Once the proclamation of emergency is made, the right of a citizen to move the Supreme Court for enforcement of his fundamental rights is suspended by the President (except rights under Article 20 and 21).
More on this issues in Emergency chapter.

President cannot preside over the meetings of the Council of Ministers. It is a prerogative of the Prime Minister.

Following comes under President’ s Executive power:

1. The executive power of union is vested on president and he is the supreme commander of armed forces.
2. All executive actions taken by the Indian government are formally taken in his name.
3. He has the authority to make rules for the more efficient transaction of Union government business, as well as the allocation of said business among ministers.
4. He appoints the prime minister and other cabinet members. They serve during his pleasure.
5. He can request from the prime minister any information pertaining to the administration of Union affairs.
6. Appoints officers at various Constitutional posts.

The President through ordinance promulgates law.

Impeachment Procedure could be started in either House of Parliament.

Impeachment Procedure:

1. President can be impeached only on the charges of “violation of constitution”.

2. The charge could be preferred by either House of Parliament.

3. The proposal to prefer such charge contained in a resolution needs to be moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the house.

4. If such resolution is passed by a majority of not less than two-thirds of the total membership of that  House , the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

5. If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, such resolution shall remove the President from his office as from the date on which the resolution is passed.

President of India decides about disqualification of the members of parliament on the advice of Election Commission. In this case president acts on the advice of Election Commission and not of Council of Ministers.

When the President of India is satisfied that the financial credit of Government of India is threatened, he may proclaim Financial Emergency.

More on this topic in Emergency Chapter.

As per the The President  (Discharge of Functions) Act, 1969. Constitution does not have any provision regarding this.

Emergency under Article 352 is declared on the grounds of war, external aggression and armed rebellion only. More on this topic in Emergency Chapter

• Ordinance making power of the President is co-extensive with legislative power of Parliament which means ordinance can promulgate any law which parliament is competent to enact and both have same effect. However, it is not a parallel or independent power vis-à-vis Parliament.
• Every such Ordinance shall be laid before both Houses of Parliament and it ceases to operate on expiry of six weeks from the reassembly of the Parliament if not disapproved by the parliament before expiration of such period.
• Ordinance can be withdrawn any time by the President.

Commutation : Substitution of one form of punishment with a lighter form

Reprieve : Stay of the execution of a sentence for a temporary period

Remission : Reducing the period of sentence without changing its character

Respite : Awarding a lesser sentence in place of one originally awarded considering some special circumstances of the accused like pregnancy.

The President of India is empowered to proclaim following three kinds of emergencies:
• Emergency arising out of war, external aggression or armed rebellion.
• Emergency due to breakdown of constitutional machinery in states.
• Emergency arising out of threat to financial stability.

Right to address and send message: After the general Elections at the commencement of first session and at beginning of the first session of each year, the president addresses both the houses of the parliament assembled together. 
However, He may address either house or even a joint sitting anytime he thinks fit. He can also send message to parliament with respect to a Bill pending in Parliament or otherwise.

• The president shall not be answerable to any court for the exercise and performance of the powers and duties of his office.

• Parliament can initiate impeachment proceedings against the President during the term of his office.

• No criminal (not civil) proceedings shall be instituted or continued against the President in any Court during his term of office. Civil proceedings can be started only after giving a notice period of two months.

• No court can issue arrest warrant against the President.

The Governor holds his office at the pleasure of the President.

A governor’s term of office is five years, subject to the president’s pleasure.
• The Governor is not an employee of the Union Government. 
• In Hargovind Pant vs Dr Raghukul Tilak, 1979 judgment the Supreme Court ruled that the governor is not an employee or a servant of the Centre in any sense of the term. He is a constitutional functionary.

• In B.P Singhal, 2010 judgment the Supreme Court ruled that Governors cannot be dismissed on arbitrary grounds. In the same judgment the court held that even though the Article 156 does not require the union government to offer reasons for removal but it does not dispense the requirement of being fair and reasonable in this process. The court delineated the scope of limited judicial review by observing that if the aggrieved person (Governor) is able to demonstrate prima facie that his removal was either arbitrary, mala fide, capricious or whimsical, the court will call upon the Union government to disclose to the court (not to the Governor) the material upon which the president had taken the decision.

Following are the provisions of Article 356:

1. If the president is satisfied that the government in a state cannot be carried out in accordance with provisions of constitution then he may by proclamation under Article 356 , assume to himself all or any of the executive power of the state and declare that the power of legislature of the state is to be exercised by or under the authority of Parliament.

2. Council of Ministers is dissolved. However, The President either suspends or dissolves the state legislative assembly.

3. Any such proclamation may be revoked by a subsequent
Proclamation and it does not require parliamentary approval.

4. Any such proclamation imposing President’s rule cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament (in simple majority).

5. A proclamation so approved shall cease to operate on the expiration of a period of six months from the date of issue of the proclamation.

6. However, if a resolution approving the continuance of such proclamation is passed by both Houses of Parliament, the proclamation will continue to remain in force for a further period of six months.

7. For any period beyond the expiration of one year from the date of issue of such proclamation, no resolution to extend it further shall be passed by either House of Parliament unless following two conditions are satisfied:

a. National Emergency is in force in the whole or part of India or whole or part of the state and

b. The Election Commission certifies that continuance of effect of such proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly of the state.

8. In no case the proclamation can have effect beyond three years from the date of issue of such proclamation.
Thus, the President’s Rule can be extended for a maximum period of three years.
The Governor has the power to recommend the dismissal of the state government and the suspension or dissolution of the State Assembly. However, president can impose emergency under Article 356 even without receipt of such recommendatory report from the Governor.

The Supreme Court in S.R Bommai case, 1994 had ruled that the constitutional validity of the decision to impose the President’s Rule can be examined by the judiciary.
More on this issue in Emergency chapter.

Following are the duties/powers of the CAG in connection with audit of accounts as per DPC Act, 1971:

1. To audit and report on all expenditures from all consolidated funds, contingency funds and public accounts of both union and states (along with UTs with legislative assemblies).

2. To audit and report on all trading, manufacturing and profit-loss account kept by any department of Union or States.

3. To audit and report on the accounts of the stores and stocks kept in any office or department of the Union or a State or a Union Territory.

4. To audit the receipts of Union and States to satisfy himself that rules and procedures in that behalf are designed to secure an effective check on assessment and collection of revenue.

5. To audit the receipts and expenditures of bodies substantially financed by Union or States and of those bodies not substantially financed by Union or States but so requested by the President or Governor.

6. To audit accounts of Government companies, Statutory corporations, and Departmentally managed commercial undertakings.

7. CAG can audit accounts of private entities also in some specific cases. 
In Association of Unified Telecom Providers vs Union of India, 2014  judgment the Supreme Court allowed CAG to audit the accounts of private companies dealing in natural resources and having a revenue sharing model with the Government. 

• Under Article 174, a governor shall summon the House at a time and place, as she or he thinks fit.

• Article 174 (2) (a) says a governor may from “time to time” prorogue the House.

• 174 (2) (b) allows her or him to dissolve the Legislative Assembly.

• Article 163 says the governor shall exercise her or his functions with the aid and advice of the council of ministers. But it also adds that she or he would not need their advice if the Constitution requires her or him to carry out any function at her/his discretion.

• The two Articles — 174 and 163 — are to be read together to outline the governor’s powers in summoning, proroguing or dissolving the House.

The Supreme Court in the Nabam Rebia case, 2016 had expressly stated that a governor can summon, prorogue and dissolve the House, only on the aid and advice of the council of ministers.
The top court had then ruled that in ordinary circumstances, the governor can summon the House only on the aid and advice of the council of ministers, with the chief minister heading it. But the court also clarified that if the governor had reasons to believe that the chief minister and her or his council of ministers have lost the confidence of the House, a floor test could be ordered. Thus, the Governor can summon, prorogue and dissolve the House, only on the aid and advice of the Council of Ministers, with the Chief Minister as the head (unless he fears that the incumbent government has lost majority and in that case he may ask for a floor test in the assembly by summoning the House even without receiving any such advice from Council of Ministers). When he uses his discretionary powers beyond the constitutional limits for the purpose of summoning or dissolving the House, it would be violation of constitution and against Supreme Court Guidelines as discussed above. The Secretary General of the Lok Sabha issues summons to each member specifying the date and place for a session of the House.

Electoral college of president consists of only elected members of parliament and state legislative assemblies.

President enjoys two kinds of discretion: constitutional and situational.

Constitutional Discretion

(derived from constitutional provisions):

1. Right to information under Article 78

2. President can return any bill for reconsideration under Article 74 (exercise of suspensive veto power).

3. There is no time limit within which the President is required to declare his assent or refusal or return the Bill for reconsideration. He can take as much time as he thinks appropriate (exercise of pocket veto power). The main reason for the existence of pocket veto is the phrase “as soon as possible” in Article 111. This phrase is a loophole in the constitution and the source of a discretionary power of the president.

Situational Discretion (arises from particular situations):

1. If no political party or leader has majority support in the Lok Sabha, the President has the freedom to decide who should be appointed as Prime Minister.

2. President can decide not to accept the advice given by council of ministers who has lost the majority and cam reject advices like dissolving Lok Sabha.

Note : Presidential actions under Emergency provisions are strictly taken on the advice of Council of Ministers.

President usually appoints someone as the prime minister  who is the leader of the majority party in the Lok Sabha. However, in case no party holds majority in the Lower House the president can appoint a person who can win the confidence of the majority in Lok Sabha and likely to form a stable government.

Note : It is to be said that the above matter comes under situational discretion of president and he is free to do anything.

1. President appoints a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.

2. Attorney General is the highest Law officer of the country. It is the duty of the Attorney-General to give advice to the Government of India on legal matters as required by the Government.

3. The Attorney General appears on behalf of Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned. 

4. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.

5. In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of India.

6. Attorney General has right to speak and take part in parliamentary proceedings in both the houses. He can also be a member of any parliamentary committee. However, he is not entitled to vote.

7. Attorney General is a part of the executive (but not a member of cabinet). However, the AG is not a government servant and is not debarred from private legal practice provided that he cannot defend an accused in the criminal proceedings and cannot accept the directorship of a company without the permission of the Government.

8. The Attorney-General holds office during the pleasure of the President, and receives such remuneration as the President may determine.

9. The Attorney General is assisted by a Solicitor General and Additional Solicitors General.

Following are the principles on the basis of which the parliamentary system of government in India operates:

1.Nominal Executive :The office of President as nominal executive head. This office is ceremonial.

2.Real Executive: Real executive authority lies with the council of ministers headed by the Prime Minister.

3.Collective Responsibility: 

Executive is collectively responsible to the lower house.

4.Legislature and Executive are not strictly separated: Both are related and share powers with each other. Council of Ministers acts as a common thread between them.

5.Secrecy of procedure: A requirement of this type of administration is that cabinet proceedings be kept secret and not made public.

6.Prime Ministerial Leadership: The Prime Minister is in charge of this system of administration.

7.Majority Party Rule: The Prime Minister is usually appointed by the leader of the party that obtains a majority in the lower House.

8.Bicameral Legislature: Bicameral legislatures are used in most parliamentary democracies like India.

9.Political Homogeneity: Members of the council of ministers are usually from the same political party, and so have similar political ideologies. The ministers in a coalition government are bound by consensus.

10.No fixed term: The government's term is determined by the lower house's majority support. The council of ministers must resign if the government fails to win a vote of no confidence. There will be elections, and a new government will be formed.

Note : ‘Vice-President as the Chairman of the Upper House’ is not a feature of parliamentary system of government. Moreover, the office of Vice President is itself non-existent in other parliamentary systems of Governments in Commonwealth countries or in Ireland.

• The Ministries/Departments of the Government of India are created by the President on the advice of the Council of Ministers (in pursuance of Article 77).

• Each of the Ministries is assigned to a Minister by the President of India on the advice of the Prime Minister (in pursuance of Article 77).

• Article 77 mandates that the President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation along Ministers of the said business.

None of the given statements are correct.

Office of CAG as set up by Article 148 and 149 (first four points ensure independence of CAG) :

1. CAG is appointed by the President and can only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

2. His salary and conditions of service are determined by the parliament by law.

3. CAG is not eligible for further office either under the Government of India or under the Government of any State after retirement.

4. The administrative expenses of the office of CAG , including all salaries, allowances and pensions payable to persons serving in that office, shall be charged (not voteable) upon the Consolidated Fund of India.

5. Duties and powers of CAG may be prescribed by any law made by the parliament. Pursuant of this provision parliament enacted Comptroller and Auditor General (Duties, Powers, and Conditions of Service) Act, 1971 (DPC Act, 1971).

Following are the duties/powers of the CAG in connection with audit of accounts as per DPC Act, 1971 (points from 1 to 6):

1. To audit and report on all expenditures from all consolidated funds, contingency funds and public accounts of both union and states (along with UTs with legislative assemblies).

2. To audit and report on all trading, manufacturing and profit-loss account kept by any department of Union or States.

3. To audit and report on the accounts of the stores and stocks kept in any office or department of the Union or a State or a Union Territory.

4. To audit the receipts of Union and States to satisfy himself that rules and procedures in that behalf are designed to secure an effective check on assessment and collection of revenue.

5. To audit the receipts and expenditures of bodies substantially financed by Union or States and of those bodies not substantially financed by Union or States but so requested by the President or Governor.

6. To audit accounts of Government companies, Statutory corporations, and Departmentally managed commercial undertakings.

7. CAG can audit accounts of private entities also in some specific cases. 

In Association of Unified Telecom Providers vs Union of India, 2014  judgment the Supreme Court allowed CAG to audit the accounts of private companies dealing in natural resources and having a revenue sharing model with the Government. 

8. As per Article 150, CAG will prescribe the form in which accounts of the Union and the States are to be kept.

9. According to Article 279 , the CAG is required to ascertain and certify the ‘net proceeds’ (any tax or duty the proceeds thereof reduced by the cost of collection), whose certification shall be final.

Note: CAG is provided with tenure of 6 years or till he reaches the age of 65 years, whichever is earlier as per DPC Act, 1971.

CAG is the friend, philosopher and guide of PAC.

Functions of the Public Accounts Committee (PAC) of Parliament:

1. To examine, in the light of CAG’s report, the accounts showing the appropriation (receipt) of sums granted by the Parliament. 

2. To examine, in the light of CAG’s report, that the money disbursed in accounts was legally available for the applied service or purpose.

3. To examine, in the light of CAG’s report, that the expenditures conform to the authority that governs it.

4. To examine, in the light of CAG’s report, that the every re-appropriation has been made in accordance with the related rules.

5. To examine, in the light of CAG’s report, the statement of accounts of state corporations, trading and manufacturing projects except of those as are allotted to the committee on public undertakings.

6. To examine the statement of accounts of autonomous and semi-autonomous bodies, the audit of which is conducted by the CAG.

7. To examine if any money has been spent on any service during a financial year in excess of the amount granted by house of people for that purpose.

The Indian President’s veto power is a combination of:

1. Absolute Veto: The power of the President to withhold the assent to the bill is termed as his absolute veto. President enjoys absolute veto power over state legislations.

2. Suspensive Veto: The President uses his suspensive veto when he returns the bill to the Indian Parliament for its reconsideration. However, when passed again by the parliament with or without any modification the president has no options but to give assent to it.

3. Pocket Veto: The president uses his pocket veto when the bill is kept pending by him for an indefinite period of time. He neither rejects the bill nor returns the bill for reconsideration.

Note:

1. The President had exercised his absolute veto in the past. In 1954, it was exercised by Dr. Rajendra Prasad as a President in case of PEPSU appropriation bill and later in 1991, it was used by the then President R Venkataraman in case of Salary, Amendments and Pension of Members of Parliament (Amendment) Bill.

2. Pocket veto power was Used once by President Zail Singh in case of Indian Post Office (Amendment) Bill in 1986.

3. In 2006, Offices of Profit bill was passed by the Parliament, and reached President APJ Abdul Kalam. He returned it back to the Parliament for reconsideration using Suspensive Veto because the bill was controversial. When the Parliament passed it again and sent it to the President, he gave his assent.

4. President of India does not have qualified veto power. In this case if president returns some bill for reconsideration it must be passed again by the legislature with a higher majority to override president’s veto power.

 Only president can pardon sentences in court martial and Governor cannot.Previously, the governor could not pardon the death sentence, which only the Indian President could do. But recently on 3rd August 2021, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.Thus, present position as dictated by the apex court is both President and Governor can pardon death sentence.

The Attorney-General is appointed by the President and holds office during the pleasure of the President, and receives such remuneration as the President may determine. Attorney General has right to speak and take part in parliamentary proceedings in both the houses. He can also be a member of any parliamentary committee. However, he is not entitled to vote.

Prior presidential sanction is not needed for Annual Financial Statement as president himself causes to be laid AFS in the parliament.

Rest of the statements are correct as mentioned in Article 78.

RBI and Public sector banks are not audited by CAG. 

• CAG doesn’t audit the RBI, whose auditors are appointed by the central government under the provisions of the RBI Act.

• For PSBs Statutory branch audit (SBA) is carried out so as to cover 90% of all funded and 90% of all non-funded credit exposures of a bank. The list of auditors/audit firms  eligible to function as Statutory Branch Auditors are prepared by the Institute of Chartered Accountants of India (ICAI) as per the norms prescribed by RBI. The list is subjected to scrutiny by RBI. 

• Life Insurance Corporation of India (LIC) is not audited by CAG, since the LIC Act does not contain an enabling provision for CAG's audit.

Note: CAG does not audit accounts of Panchayat Raj Institutions directly.

The auditing arrangements for Panchayati Raj Institutions comprise of Primary Audit by Local Fund Auditors or equivalent authorities. The CAG of India provides  technical guidance and support by way of setting of auditing standards, prescribing audit methodologies, imparting training.

• The Reports of the Public Accounts Committee are placed at the parliament by the committee itself. 

• The reports of the CAG are laid before the Parliament by the President and are taken up for discussion by the Public Accounts Committee (PAC) in parliament. PAC scrutinizes CAG reports beforehand.

• President causes to be laid down several other reports in the Parliament like reports of UPSC, Finance Commission, Annual Financial Statement (Budget) etc.

CAG has no such power of controlling exchequer during emergency or in normal times. CAG’s work is auditing after expenditure is already incurred.

CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee. This kind of auditing is called performance auditing.

Audit Board: The Audit Board is a permanent body for performance audits of the central public sector undertakings conducted at periodic intervals focusing on critical areas of their performance. The Comptroller and Auditor General has, in consultation with the Government of India, established the Audit Board. Auditing by the board is done on thematic issues. These issues may relate to a particular entity or cut horizontally across several entities.

Following Five types of Auditing is done by CAG:

1. Statutory Audit : This is also called Compliance Audit. It checks whether money disbursed was available and applied to purpose for which it was disbursed.

2.Financial Audit : It checks whether proper books of account is maintained and they are faithful representation of actual transaction. It is used to certify how far the accounts are true and fair.

3. Performance Audit :  It seeks to establish at what cost and to what degree the policies, programme and projects are working. For example, for example it checks how many kms of roads have been constructed or how many schools have been set up vis-à-vis money expensed.

4. Efficiency Audit : It checks efficiency of utilization of men, material etc. that is output vis-à-vis inputs. It is largely applicable to commercial enterprises.

5. Propriety Audit : It checks wisdom behind financial decisions.

Note : 

1. Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances. For example, 2G scam, coal scam saga was unearthed by CAG only and several officials were arrested.

2. Solely based on the CAG report Central Bureau of Investigation (CBI) can register criminal cases.

3. CAG is an auditor. It cannot prosecute anyone. Reports of CAG are laid before the parliament by president and are taken up for discussion by the Public Accounts Committee (PAC). The report is scrutinized by PAC and debated/discussed in parliament.