The President of India

Article 52-62: Election, Qualifications, and Impeachment

The President is the head of the Union Executive and the Constitutional head of the Republic of India. Articles 52 to 62 in Part V of the Constitution deal with the office of the President.

Election Process (Electoral College)

The President is elected not directly by the people but by an Electoral College. This system ensures that the President represents both the Union and the States and avoids a direct confrontation between the President and the Prime Minister (who represents the majority in Lok Sabha).

The Electoral College consists of:

The elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
The elected members of the Legislative Assemblies of the States.
The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry (added by the 70th Constitutional Amendment Act, 1992).

Note: Nominated members of Parliament, nominated members of State Legislative Assemblies, members of State Legislative Councils (both elected and nominated), and nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the President's election.

Method of Election:

The election is held in accordance with the system of proportional representation by means of single transferable vote and the voting is by secret ballot.

To ensure uniformity in the scale of representation of different states and parity between the states as a whole and the Union, the value of votes of MPs and MLAs are calculated based on population figures (using the 1971 Census population data until 2026 as per the 84th Amendment Act, 2001).

Value of Vote of an MLA:

Value of vote of an MLA of a state = $\frac{\text{Total population of the State}}{\text{Total number of elected members in the state Legislative Assembly}} \times \frac{1}{1000}$

Value of Vote of an MP:

Value of vote of an MP = $\frac{\text{Total value of votes of all elected MLAs of all States}}{\text{Total number of elected members of Parliament}}$

The candidate who secures a required quota of votes is declared elected. The quota is calculated as:

Electoral Quota = $\frac{\text{Total number of valid votes polled}}{\text{Number of candidates to be elected (1) + 1}} + 1$

Since only one President is to be elected, the formula simplifies to:

Electoral Quota = $\frac{\text{Total number of valid votes polled}}{2} + 1$

If no candidate secures the quota in the first count, the process of transfer of votes takes place, where the candidate with the lowest votes is eliminated, and their votes are transferred to the next preference marked on those ballots, until a candidate secures the required quota.

Qualifications and Disqualifications

Article 58 lays down the qualifications for a person to be eligible for election as President:

He must be a citizen of India.
He must have completed 35 years of age.
He must be qualified for election as a member of the Lok Sabha.
He must not hold any office of profit under the Union Government, any State Government, or any local or other public authority.

Note: A sitting President or Vice-President, the Governor of any state, and a Minister of the Union or any state are not considered to be holding any office of profit and are qualified for election as President.

The nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Every candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India. The deposit is forfeited if the candidate fails to secure one-sixth of the total number of valid votes polled.

Impeachment Procedure

The President can be removed from office before the expiry of his term by a process of impeachment for the violation of the Constitution.

Procedure:

The impeachment charge can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
The charge must be contained in a resolution which is moved after 14 days' notice in writing signed by not less than one-fourth of the total number of members of the House.
The resolution must be passed by a majority of not less than two-thirds of the total membership of that House (the initiating House).
After the resolution is passed, it is sent to the other House (the investigating House).
The other House investigates the charge. The President has the right to appear and be represented at such investigation.
If the other House also passes the resolution by a majority of not less than two-thirds of the total membership of the House, the President stands removed from his office from the date on which the resolution is so passed.

The impeachment is a quasi-judicial procedure in Parliament. Note that while elected members of State Legislative Assemblies do not participate in impeachment, nominated members of Parliament do participate. So far, no President of India has been impeached.

Powers of the President

The President of India is vested with a wide range of powers, broadly classified into executive, legislative, financial, judicial, emergency, diplomatic, and military powers. These powers are exercised by the President, but constitutionally, they are exercised on the aid and advice of the Council of Ministers headed by the Prime Minister (except in a few situations where the President may act in his discretion).

Executive Powers

The executive power of the Union is vested in the President and is exercised by him either directly or through officers subordinate to him (Article 53). All executive actions of the Government of India are formally taken in his name.

Appoints the Prime Minister and other ministers on the advice of the Prime Minister. They hold office during his pleasure.
Appoints the Attorney General of India, CAG, Chief Election Commissioner and other Election Commissioners, Chairman and members of UPSC, Governors of states, Chairman and members of Finance Commission, etc.
Can seek information from the Prime Minister regarding the administration of the affairs of the Union and proposals for legislation.
Can require the Prime Minister to submit for consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but has not been considered by the Council.
Appoints a commission to investigate into the conditions of SCs, STs, and OBCs.
Appoints an inter-state council to promote Centre-state and inter-state cooperation.
Directly administers the Union Territories through administrators appointed by him.
Declares any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.

Legislative Powers

The President is an integral part of the Parliament of India, although he is not a member of either House.

Can summon or prorogue the sessions of Parliament and dissolve the Lok Sabha.
Can summon a joint sitting of both Houses of Parliament in case of a deadlock over an ordinary bill (presided over by the Speaker of Lok Sabha).
Addresses Parliament at the commencement of the first session after each general election and the first session of each year.
Sends messages to Houses of Parliament with respect to a bill pending in Parliament or otherwise.
Nominates 12 members to the Rajya Sabha from persons having special knowledge or practical experience in literature, science, art, and social service.
Can nominate two members to the Lok Sabha from the Anglo-Indian Community (this power has been discontinued by the 104th Amendment Act, 2019).
Decides questions as to disqualifications of members of Parliament, in consultation with the Election Commission.
Gives assent to bills passed by Parliament. He has three options: give assent, withhold assent, or return the bill (if it's not a money bill or a constitutional amendment bill) for reconsideration.
Can reserve a bill passed by the state legislature for the consideration of the President (Article 200) and has veto power over such bills (Article 201).
Can promulgate Ordinances when Parliament is not in session (Article 123). An ordinance has the same force as an Act of Parliament but is temporary. It must be laid before both Houses of Parliament when they reassemble and must be approved within six weeks from the reassembly date, otherwise it ceases to operate. The President can also withdraw an ordinance at any time.
Lays reports of the CAG, UPSC, Finance Commission, etc., before Parliament.

Financial Powers

A Money Bill can be introduced in Parliament only with his prior recommendation.
Causes the Union Budget (Annual Financial Statement) to be laid before the Parliament.
No demand for a grant can be made except on his recommendation.
Can make advances out of the Contingency Fund of India to meet unforeseen expenditure.
Constitutes a Finance Commission every five years to recommend the distribution of revenues between the Centre and the states.

Judicial Powers

Appoints the Chief Justice and judges of the Supreme Court and High Courts.
Can seek advice from the Supreme Court on any question of law or fact (Article 143). The advice is not binding on the President.
Has the power to grant pardons, reprieves, respites, remissions, and commutations of punishment or suspend, remit, or commute the sentence of any person convicted of any offence:
- in all cases where the punishment or sentence is by a Court Martial.
- in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends.
- in all cases where the sentence is a sentence of death.
This is known as the pardoning power.

Emergency Powers

The President is vested with extraordinary powers to deal with emergency situations:

National Emergency (Article 352): War, external aggression, or armed rebellion.
President's Rule (State Emergency) (Article 356): Failure of constitutional machinery in states.
Financial Emergency (Article 360): Threat to the financial stability or credit of India.

These powers are discussed in detail under Emergency Provisions.

Diplomatic Powers

The President is the head of state and represents India in international forums.

All international treaties and agreements are negotiated and concluded on behalf of the President.
Sends and receives diplomats like ambassadors and high commissioners.

These powers are exercised on the advice of the Council of Ministers.

Military Powers

The President is the Supreme Commander of the defence forces of India.

Appoints the chiefs of the Army, Navy, and Air Force.
Can declare war or conclude peace, subject to the approval of Parliament.

These powers are also exercised on the advice of the Council of Ministers.

Position of the President: Constitutional Head vs. Real Executive

The Constitution of India provides for a parliamentary system of government, where the President is the nominal or constitutional head of the executive, while the real executive power is exercised by the Council of Ministers headed by the Prime Minister.

Meaning of "Aid and Advise" of the Council of Ministers

Article 74 states that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

The 42nd Amendment Act, 1976, made the advice of the Council of Ministers binding on the President.
The 44th Amendment Act, 1978, added a proviso allowing the President to require the Council of Ministers to reconsider such advice, either generally or otherwise. However, the President shall act in accordance with the advice tendered after such reconsideration. This gives the President the power to send back the advice once for reconsideration, but he is bound by the reconsidered advice.

This establishes that the President is a constitutional head and acts on the advice of the Council of Ministers. There is no specific provision in the Constitution that allows the President to act purely in his discretion, except possibly in selecting a Prime Minister when no single party has a clear majority, or in dissolving the Lok Sabha on the recommendation of a Prime Minister who has lost the confidence of the House (though these are often guided by convention).

President's Veto Power over Bills:

When a bill passed by Parliament is presented to the President for assent, he has three options (Article 111):

Give his assent to the bill (the bill becomes an Act).
Withhold his assent to the bill (the bill does not become an Act).
Return the bill (if it is not a Money Bill) for reconsideration of the Houses. If the Houses pass the bill again with or without amendments and present it to the President, he must give his assent to the bill.

This is the Suspensive Veto. The President can use this power to send a non-money bill back to Parliament for reconsideration.

President's Power to Suspend Bills (Pocket Veto)

Unlike the US President, the Indian President does not have a time limit for giving assent to an ordinary bill. If the President neither gives assent nor returns the bill for reconsideration, he can simply keep the bill pending for an indefinite period. This is known as the Pocket Veto.

In the case of the Indian Post Office (Amendment) Bill, 1986, President Zail Singh exercised a pocket veto and did not take any action on the bill, which remained pending. This demonstrated the existence of this informal veto power.

For Money Bills, the President can either give assent or withhold assent, but he cannot return a Money Bill for reconsideration of the Parliament. For Constitutional Amendment Bills, the President is bound to give his assent (as per the 24th Amendment Act, 1971).

Overall, while the President possesses significant powers on paper, the parliamentary system and the binding nature of the Council of Ministers' advice mean that the President primarily functions as a constitutional head, acting on the guidance of the elected government.

The Vice-President of India

Articles 63-71: Election and Powers

The office of the Vice-President is modelled on the lines of the American Vice-President. Articles 63 to 71 in Part V of the Constitution deal with the office of the Vice-President.

Election Process:

The Vice-President is elected by an Electoral College consisting of the members of both Houses of Parliament (Lok Sabha and Rajya Sabha), both elected and nominated members.

Note: Unlike the President's election, elected members of State Legislative Assemblies do not participate in the Vice-President's election.

The election is held in accordance with the system of proportional representation by means of single transferable vote and the voting is by secret ballot.

Qualifications:

He must be a citizen of India.
He must have completed 35 years of age.
He must be qualified for election as a member of the Rajya Sabha.
He must not hold any office of profit under the Union Government, any State Government, or any local or other public authority.

Term of Office:

The Vice-President holds office for a term of five years. He can be removed from office by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha. A 14-day notice is required for such a resolution. Note that this is a different procedure from the President's impeachment and does not require a two-thirds majority of the total membership of both Houses.

Ex-officio Chairman of the Rajya Sabha

The primary function of the Vice-President is to act as the ex-officio Chairman of the Rajya Sabha (Council of States) (Article 64).

In this capacity, his powers and functions are similar to those of the Speaker of the Lok Sabha.
He presides over the meetings of the Rajya Sabha and conducts its proceedings.

Acting President

The Vice-President acts as President in the following situations (Article 65):

When a vacancy occurs in the office of the President due to his resignation, removal, death, or otherwise. In such a case, the Vice-President acts as President until a new President is elected, which must be done within six months from the date of occurrence of the vacancy.
When the sitting President is unable to discharge his functions due to absence, illness, or any other cause. In such a case, the Vice-President discharges his functions until the President resumes his office.

When the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of the Rajya Sabha. During such period, the Deputy Chairman of Rajya Sabha performs the duties of the Chairman.

While acting as President, the Vice-President has all the powers and immunities of the President and is entitled to the same emoluments, allowances, and privileges as the President.

The Prime Minister and Council of Ministers

Appointment and Removal of the Prime Minister

In the parliamentary system of government, the Prime Minister is the real executive authority and the head of the government. Articles 74 and 75 deal with the Council of Ministers, with the Prime Minister at the head.

Appointment:

The President appoints the Prime Minister (Article 75). The President is not free to appoint anyone as Prime Minister.
Conventionally, the President appoints the leader of the party or coalition that has a majority in the Lok Sabha as the Prime Minister.
If no party has a clear majority, the President may use his discretion in the selection and appointment of the Prime Minister, usually by appointing the leader of the largest party or coalition and asking him to seek a vote of confidence within a reasonable period.

Removal:

The Prime Minister holds office during the pleasure of the President (Article 75(2)). However, this 'pleasure' is not absolute. The President cannot dismiss the Prime Minister as long as he enjoys the majority support in the Lok Sabha.
If the Prime Minister loses the confidence of the Lok Sabha (e.g., by a vote of no-confidence), he must resign. If he fails to resign, the President can dismiss him.
The death or resignation of the Prime Minister automatically dissolves the Council of Ministers.

The Prime Minister must be a member of either House of Parliament within six months of taking office if he is not already one.

Powers and Functions of the Prime Minister

The Prime Minister is the head of the Council of Ministers and plays a pivotal role in the functioning of the Union government.

In Relation to Council of Ministers:

He recommends persons who can be appointed as Ministers by the President.
He allocates and reshuffles portfolios among Ministers.
He presides over the meetings of the Council of Ministers and influences its decisions.
He guides, directs, controls, and coordinates the activities of all Ministers.
He can ask a Minister to resign or advise the President to dismiss him.
He brings about the collapse of the Council of Ministers by resigning from office (as the death or resignation of the PM dissolves the council).

Link between the President and the Cabinet

Article 78 enumerates the duties of the Prime Minister:

To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.
To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

The Prime Minister acts as the chief channel of communication between the President and the Council of Ministers.

In Relation to Parliament:

He is the leader of the Lok Sabha.
He advises the President with regard to summoning and proroguing of the sessions of Parliament.
He can recommend the dissolution of the Lok Sabha to the President at any time.
He announces government policies on the floor of the House.

Other Powers and Functions:

Chairman of the NITI Aayog (formerly Planning Commission), National Integration Council, Inter-State Council, National Water Resources Council, etc.
Plays a significant role in shaping the foreign policy of the country.
Is the chief spokesman of the Union government.
Is the crisis manager-in-chief at the political level during emergencies.
Leader of the party in power.
Leader of the country.

The Prime Minister's role is central to the functioning of the government in a parliamentary system. He is the head of the government and exercises most of the executive powers in practice.

Role in Policy Making

The Prime Minister plays a crucial role in the policy-making process:

He determines the agenda for cabinet meetings and guides the discussions.
He resolves disagreements between different ministries.
He ensures coordination among various departments and ministries.
He influences and often dictates the major policy decisions of the government.

The Prime Minister's influence depends on various factors like his personality, the majority his party commands, the political stability, and the composition of the Council of Ministers.

Council of Ministers: Composition and Responsibility

The Council of Ministers is the real executive in the parliamentary system. It is headed by the Prime Minister and advises the President in the exercise of his functions.

Appointment:

Ministers are appointed by the President on the advice of the Prime Minister (Article 75(1)).

The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha (91st Amendment Act, 2003).

A person who is not a member of either House of Parliament cannot be a minister for more than six consecutive months. Within this period, he must become a member of either House; otherwise, he ceases to be a minister (Article 75(5)).

Composition:

The Council of Ministers consists of three categories of ministers:

Types of Ministers (Cabinet, Minister of State, Deputy Minister)

Cabinet Ministers: They are the heads of the important ministries of the Central Government like Home, Defence, Finance, External Affairs, etc. They are the most senior and influential ministers and constitute the Cabinet. The Cabinet is the inner ring of the Council of Ministers, the supreme policy-making body.
Ministers of State: They can either be given independent charge of ministries or departments, or they can be attached to Cabinet Ministers and assist them. Ministers of State with independent charge are not members of the Cabinet but can attend Cabinet meetings when matters related to their departments are considered.
Deputy Ministers: They are attached to Cabinet Ministers or Ministers of State and assist them in their administrative, political, and parliamentary duties. They do not have independent charge of any ministry or department.

The Council of Ministers as a whole is a constitutional body (Article 74 & 75). The Cabinet is a smaller, informal body, but it is the actual decision-making centre. The term 'Cabinet' was inserted into Article 352 (dealing with National Emergency) by the 44th Amendment Act, 1978, explicitly requiring the President to act on the written recommendation of the Cabinet in proclaiming a National Emergency.

Collective Responsibility to the Lok Sabha

Article 75(3) embodies the principle of collective responsibility. It states that the Council of Ministers shall be collectively responsible to the Lok Sabha.

This means that all ministers are jointly responsible to the Lok Sabha for all their acts of omission and commission. They function as a team and swim or sink together.
When the Lok Sabha passes a no-confidence motion against the Council of Ministers, all the ministers have to resign, including those from the Rajya Sabha and the Prime Minister.
The policy decisions of the Cabinet are binding on all ministers, even if they disagree with a decision in the meeting. If a minister publicly dissents from a Cabinet decision, he must resign.

Individual Responsibility

Article 75(2) states that the Ministers shall hold office during the pleasure of the President.

This signifies the principle of individual responsibility. The President can remove a minister from office on the advice of the Prime Minister.
By exercising this power, the Prime Minister can ensure that ministers work together cohesively and uphold the principle of collective responsibility.

The collective responsibility to the Lok Sabha is the foundation of the parliamentary system, while individual responsibility ensures discipline within the Council of Ministers under the leadership of the Prime Minister.

The Attorney-General for India

Article 76: Appointment and Functions

Article 76 of the Constitution provides for the office of the Attorney-General for India (AGI). He is the highest law officer in the country.

Appointment:

The Attorney-General is appointed by the President (on the advice of the government).

Qualifications:

He must be a person who is qualified to be appointed a Judge of the Supreme Court. This means he must be a citizen of India and either:

a judge of a High Court for five years; or
an advocate of a High Court for ten years; or
an eminent jurist in the opinion of the President.

Term of Office and Removal:

The term of office of the AGI is not fixed by the Constitution. He holds office during the pleasure of the President.

This means he can be removed by the President at any time. Conventionally, he resigns when the government (Council of Ministers) that appointed him resigns or is replaced, as he is appointed on their advice.

Remuneration:

The remuneration of the AGI is not fixed by the Constitution. He receives such remuneration as the President may determine.

Functions/Duties:

Article 76(2) specifies the duties of the AGI:

To give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President.
To perform the duties of a legal character that are assigned to him by the Constitution or any other law.
To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
To appear in any High Court in any case in which the Government of India is concerned.

He is the principal legal advisor to the Government of India.

Right to Participate in Parliamentary Proceedings

Article 88 grants the AGI the following rights:

To speak and take part in the proceedings of both Houses of Parliament (Lok Sabha and Rajya Sabha).
To speak and take part in the proceedings of any joint sitting of both Houses.
To speak and take part in the proceedings of any committee of Parliament of which he may be named a member.

However, he does not have the right to vote in Parliament or its committees.

He also has the right of audience in all courts in the territory of India.

Duties and Limitations

Beyond his official duties, the AGI is expected to fulfil certain responsibilities and is subject to certain limitations to avoid conflict of interest:

He should not advise or hold a brief against the Government of India.
He should not advise or hold a brief in cases in which he is called upon to advise the Government of India.
He should not defend accused persons in criminal prosecutions without the permission of the Government of India.
He should not accept appointment as a director in any company or corporation without the permission of the Government of India.

The AGI is not a member of the Central Cabinet and is not a government servant. He is a professional lawyer who advises the government. He is also allowed to take up private legal practice, subject to the limitations mentioned above.

The Executive: State Government

The Governor

The Constitution provides for a system of government in the states similar to that of the Union. The executive head of a state is the Governor. Articles 153 to 167 in Part VI of the Constitution deal with the State Executive.

Appointment, Qualifications, and Removal

Appointment: The Governor is the nominal executive head of the state. He is appointed by the President by warrant under his hand and seal (Article 155). He is not elected by the people or indirectly by an electoral college like the President.
- The office of Governor is an independent constitutional office, but the Governor acts as an agent of the Central Government in the state in certain situations.
- Conventionally, the President consults the Chief Minister of the state concerned before appointing the Governor, but this is not mandatory.
- Conventionally, a person appointed as Governor is an outsider to the state and not from the state itself, and is not actively involved in local politics.
Qualifications: A person to be appointed as Governor must (Article 157):
- Be a citizen of India.
- Have completed 35 years of age.
Additionally, conventionally he should be an outsider to the state and not hold any office of profit.
Term of Office: The Governor holds office during the pleasure of the President (Article 156). This means he can be removed by the President at any time, without specifying any grounds. He can also resign by addressing a resignation letter to the President.
- Normally, he holds office for a term of five years, but this term is subject to the pleasure of the President.

Powers and Functions (Executive, Legislative, Financial, Judicial)

The powers and functions of the Governor in the state are largely analogous to those of the President at the Centre.

Executive Powers:

All executive actions of the government of a state are formally taken in his name.
Appoints the Chief Minister and other ministers on the advice of the Chief Minister. They hold office during his pleasure.
Appoints the Advocate General of the state and determines his remuneration. The Advocate General holds office during the pleasure of the Governor.
Appoints the State Election Commissioner.
Appoints the Chairman and members of the State Public Service Commission. However, they can be removed only by the President, not by the Governor.
Can seek information from the Chief Minister regarding the administration of the affairs of the state and proposals for legislation.
Can require the Chief Minister to submit for consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but has not been considered by the Council.
Recommends to the President the imposition of constitutional emergency (President's Rule) in the state.
Acts as the chancellor of universities in the state and appoints Vice-Chancellors of universities in the state.

Legislative Powers:

Can summon or prorogue the session of the state legislature and dissolve the state Legislative Assembly.
Addresses the state legislature at the commencement of the first session after each general election and the first session of each year.
Sends messages to the House(s) of the state legislature.
Nominates one-sixth of the members of the state Legislative Council (where it exists) from persons having special knowledge or practical experience in literature, science, art, co-operative movement, and social service.
Can nominate one member to the state Legislative Assembly from the Anglo-Indian Community (this power has been discontinued by the 104th Amendment Act, 2019).
Decides questions as to disqualification of members of the state legislature in consultation with the Election Commission.
Gives assent to bills passed by the state legislature. He has three options (for ordinary bills): give assent, withhold assent, or return the bill for reconsideration (if it's not a money bill). If the legislature passes it again, he must give assent. However, he can also reserve the bill for the consideration of the President.
Can promulgate Ordinances when the state legislature is not in session (Article 213). An ordinance must be laid before the state legislature when it reassembles and must be approved within six weeks from reassembly. He can withdraw an ordinance at any time.
Lays reports of the State Finance Commission, State Public Service Commission, and CAG relating to the accounts of the state before the state legislature.

Financial Powers:

A Money Bill can be introduced in the state legislature only with his prior recommendation.
Causes the State Budget (Annual Financial Statement) to be laid before the state legislature.
No demand for a grant can be made except on his recommendation.
Can make advances out of the Contingency Fund of the State to meet unforeseen expenditure.
Constitutes a State Finance Commission every five years.

Judicial Powers:

Appoints the judges of the district courts.
Is consulted by the President while appointing the judges of the High Court.
Has the power to grant pardons, reprieves, respites, remissions, and commutations of punishment or 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 (Article 161).
- The Governor's pardoning power does not extend to punishment by a Court Martial.
- He cannot pardon a death sentence, although he can suspend, remit, or commute a death sentence. The power to pardon a death sentence rests with the President.

Discretionary Powers of the Governor

Unlike the President, the Governor has some situations where he can act in his discretion, independent of the advice of the Council of Ministers:

Reservation of a bill for the consideration of the President (Article 200).
Recommendation for the imposition of President's Rule in the state (Article 356).
While acting as the administrator of an adjoining Union Territory (if appointed).
Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
Seeking information from the Chief Minister regarding the working of the state government.
Appointment of the Chief Minister when no party has a clear majority in the state assembly or when the Chief Minister in office dies suddenly and there is no obvious successor.
Dismissal of the Council of Ministers when it cannot prove the confidence of the state legislative assembly.
Dissolution of the state Legislative Assembly if the Council of Ministers has lost its majority.

These discretionary powers, particularly concerning the appointment/dismissal of the Chief Minister and dissolution of the Assembly, have sometimes been controversial and led to debates about the Governor's role as an impartial constitutional head versus an agent of the Centre.

Relationship with the State Council of Ministers

Article 163 states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

This clause highlights that the Governor is ordinarily bound by the advice of the Council of Ministers, but has areas where he can act in his discretion. The 42nd and 44th Amendments which made the President's aid and advice binding did not similarly constrain the Governor's discretionary powers.

Article 164 states that the Council of Ministers shall be collectively responsible to the state Legislative Assembly.

Article 167 enumerates the duties of the Chief Minister towards the Governor, similar to the duties of the Prime Minister towards the President (furnishing information, submitting matters for consideration).

The Chief Minister and Council of Ministers

In the state parliamentary system, the Chief Minister is the real executive authority and the head of the state government. The Council of Ministers in the state is headed by the Chief Minister.

Appointment, Powers, and Responsibilities

Appointment: The Governor appoints the Chief Minister (Article 164). The Governor appoints the leader of the party or coalition that has a majority in the state Legislative Assembly as the Chief Minister. In case of no clear majority, the Governor uses discretion to appoint the leader of the largest party or coalition and asks them to prove majority within a stipulated time.
Appointment of Ministers: Other ministers are appointed by the Governor on the advice of the Chief Minister (Article 164).
Oath and Term: The Governor administers the oaths of office and secrecy to the Chief Minister and other ministers. The Chief Minister and other ministers hold office during the pleasure of the Governor, but this pleasure is generally dependent on the confidence of the state Legislative Assembly.

Powers and Functions of the Chief Minister:

Head of the Council of Ministers: He recommends persons to be appointed as ministers, allocates portfolios, presides over cabinet meetings, and guides/directs/controls the activities of ministers.
Relation with the Governor: He is the chief channel of communication between the Governor and the state Council of Ministers (Article 167).
Relation with the State Legislature: He is the leader of the state Legislative Assembly and advises the Governor regarding summoning, proroguing, and dissolving the Assembly.
Other powers: Chairman of the State Planning Board, Vice-Chairman of the concerned Zonal Council by rotation, etc.

Collective and Individual Responsibility

Collective Responsibility (Article 164): The Council of Ministers shall be collectively responsible to the state Legislative Assembly. This means the entire council works as a team and must resign if the Legislative Assembly passes a no-confidence motion against them.
Individual Responsibility (Article 164): Ministers hold office during the pleasure of the Governor. This allows the Chief Minister to advise the Governor to remove a minister, ensuring cohesion and adherence to collective decisions.

The Chief Minister is the key figure in the state government, wielding significant influence over policy-making, administration, and legislative affairs, similar to the Prime Minister at the Centre.

The Advocate-General for the State

Article 165 of the Constitution provides for the office of the Advocate-General for the State. He is the highest law officer in the state.

Appointment:

The Advocate-General is appointed by the Governor.

Qualifications:

He must be a person who is qualified to be appointed a Judge of a High Court. This means he must be a citizen of India and must have held a judicial office for ten years or been an advocate of a High Court for ten years.

Term of Office and Removal:

The term of office is not fixed by the Constitution. He holds office during the pleasure of the Governor.

Conventionally, he resigns when the state government resigns or is replaced.

Remuneration:

The Constitution does not fix the remuneration. He receives such remuneration as the Governor may determine.

Functions/Duties:

To give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor.
To perform the duties of a legal character that are assigned to him by the Constitution or any other law.
To appear on behalf of the Government of the State in all cases in the High Court and other courts in the state in which the state government is concerned.

He is the principal legal advisor to the State Government.

Rights:

He has the right to speak and take part in the proceedings of the state Legislative Assembly (and Legislative Council, if any), but without the right to vote. He also has the right of audience in any court in the state.

Like the AGI, he is not a member of the state Cabinet and is not a government servant. He can take up private legal practice, subject to limitations similar to those for the AGI to avoid conflicts of interest with his official duties.