Constitutional Law - Unit 2 - Topic B

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
SEMESTER: THIRD
BBALLB / BALLB
NAME OF THE SUBJECT: CONSTITUTION – I
UNIT-II
TOPIC: EXECUTIVE POWERS: POWERS OF
PRESIDENT & GOVERENOR
FACULTY NAME: Ms. Ridam Aggarwal

(Assistant Professor)
Introduction
• The Executive along with the legislature and the judiciary forms one of the three
agencies through which the State functions.
• The two important points to be looked into before analyzing the extent and nature
of ‘executive functions’ in the Indian Constitution according to the Constitution is
what constitutes the executive and what exactly are executive functions.
• In pursuant with the federal structure envisaged in the Constitution, the executive is
divided into
a) Union Executive, enumerated in Part V Chapter 1 Articles. 52 to 78, and
b) State Executive, enumerated in Part VI, Chapter 2 Articles 153 to 167.

Union Executive
• Art. 52 – The President of India

• Art. 53 – Executive power of the Union
• Art. 54 – Election of President
• Art. 55 – Election of President
• Art. 56 – Term of office of President
• Art. 57 – Eligibility for re-election
• Art. 58 – Qualifications for election as President
• Art. 59 – Conditions of President’s office
• Art. 60 – Oath or affirmation by the President
• Art. 61 – Procedure for impeachment of the President

Union Executive Cont.
• Art. 62 – Time of holding election to fill vacancy in the office of President and the
term of office of person elected to fill casual vacancy
• Art. 70 - Discharge of President’s functions in other contingencies
• Art. 71 - Matters relating to, or connected with, the election of a President or Vice-
President
• Art. 72 - Power of President to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases
• Art. 73 - Extent of executive power of the Union
• Art. 74 - Council of Ministers to aid and advise President

State Executive
• Art. 153 - Governors of States

• Art. 154 - Executive power of State
• Art. 155 - Appointment of Governor
• Art. 156 - Term of office of Governor
• Art. 157 - Qualifications for appointment as Governor
• Art. 158 - Conditions of Governor’s office
• Art. 159 - Oath or affirmation by the Governor
• Art. 160 - Discharge of the functions of the Governor in certain contingencies
• Art. 161 - Power of Governor to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases

State Executive Cont.
• Art. 162 - Extent of executive power of State.

• Art. 163 - Council of Ministers to aid and advise Governor
• Art. 164 - Other provisions as to Minister

Case Laws
• Dinesh Chandra v. Choudhari Charan Singh AIR 1992 Raj 70

The Court held that to argue pleasure could be interpreted in Article 75(2) to mean
the President can dismiss any Minister at any time at his will.
• SP Anand v. HD Devegowda, (1997 SC)
It was held that since Ministers also include Prime Minister, the President can
dismiss Prime Minister also at his will.

Case Laws Cont.
• Pal & Co. vs. Lt. Governor of Delhi (1979 AIR 1550), it was ruled that the power
to issue an Ordinance by the President is “co-extensive with the Legislative power
of the Parliament.”
• Swaran Singh v. State of U.P (AIR 1982 SC 849), the Governor of Uttar Pradesh
remitted the whole of the life sentence of an MLA of the State Assembly who had
been convicted of the offence of murder within a period of less than two years of
his conviction. The Supreme Court found that Governor was not posted with
material facts such as the involvement of the accused in 5 other criminal cases, his
unsatisfactory conduct in prison and the Governor’s previous rejection of his
clemency petition in regard to the same case

THANK YOU!


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Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

FACULTY NAME: Ms. Ridam Aggarwal

Chanderprabhu Jain College of Higher Studies & School of Law

• Art. 52 – The President of India

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

• Art. 153 - Governors of States

Chanderprabhu Jain College of Higher Studies & School of Law

• Art. 162 - Extent of executive power of State.

Chanderprabhu Jain College of Higher Studies & School of Law

• Dinesh Chandra v. Choudhari Charan Singh AIR 1992 Raj 70

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

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