PART 3 CHAPTER 17 PRESIDENT  PERSONAL IMMUNITY FROM LEGAL

LIABILITY OF HIS OFFICIAL ACTS

1. ARTICLE 52-78
 IMMUNE FROM CRIMINAL
2. UNION EXECUTIVE-PREZ+ VICE
PROCEEDINGS EVEN FOR PERSONAL
PREZ+PM+COUNCIL OF
ACTS+HE CANT BE ARRESTED OR
MINISTERS+ATTORNEY GENERAL
IMPRISONED
3. ELECTION OF PREZ- BY ALL ELECTED
 BUT CIVIL PROCEEDINGS AGAINST
MEMEBRS OF PARLIAMENT STATE
HIM AFTER GIVING 2 MONTHS NOTICE
LEGISLATIVE ASSEMBLY+ELCETED
FOR PERSONAL ACTS DUTRING HIS
MEMEBRS OF DELH AND PONDICHERY
TERM OF OFFICE
4. SCALE OF UNIFORMITY IN PREZ ELECTION
18. TERM IMPEACHMENT VACCANY
AS PER CONSTITUTION
 EXPIRAY OF 5 YEARS
5. VALUE OF VOTE OF MLA
 RESIGNATION
6. VALUE OF VOTE OF MP
 REMOVAL
7. SYSTEM OF PROPORTIONAL REP
 HIS DEATH
8. SECRET BALLOT
 DISQUALIFIED
9. ABSOLUTE MAJORITY
 IF VACANCY DUE TO EXPIRAY OF 5 YRS
10. FIXED QUOTA OF VOTES
,ELECTIONS MUST BE BEFORE THAT+IF
11. ALL DOUBTS DECIDED BY -SC(IT IS FINAL
ANY DELAY THEN THE CURRENCT PREZ
DECISION)
MUST CONTINUE UNTILL NEW TAKES
12. NO ONE CAN CHALLENGE PREZ ELECTION
CHARGE AS PER CONSTITUION OF
DUE TO INCOMPLETE ELECTORAL COLLEGE
INDIA(HERE VICE PREZ CANT BE PREZ
13. IF ELECTION INAVALIDATED BY SC ,ACTS
).REST 4 CASES HE CAN BE PREZ.
DONE BY HIM NOT GONNA BE
 IF VACNY DUE TO OTHER 4 CASES THEN
INVALID+WILL BE CONTINUED
THE ELCETION MUST BE IN 6
14. INDIRECT ELECTION DUE TO
MONTHS.TILL NEW PREZ VICE PREZ
a) HARMONY WITH
ASSUMES CHANRGE
PARLIAMENTARY SYSTEM
 IF VICE PREZ IS ABSENT THEN CJI
b) DIERECT ELECTION WILL BE
SC/SENIOR MOST JUDGE OF SC
COSTLY
19. POWERS AND FUNCTIONS OF PREZ
15. QUALIFICATION OATH AND CONDITIONS
20. EXECUTIVE (READ 17.7)
➢ CITIZEN+35YRS+QUALIFIED TO BE MP
21. LEGISLATIVE POWERS
LOKSABHA+NO OFICE OF PROFIT
1. SUMMON+PROROGUE
➢ 50 PROPOSERS+50 SECONDERS+15000
PARLIAMENT+DISSSLOVE LOK
IN RBI AS DEPOSIT(1/6TH VOTE TO GET
SABHA+SUMMON JOINT SITTING
BACK 15K)
2. ADDRESS PARLIAMENT AT FIRST
16. OATH OR AFFIRMATION
SESSION +1ST SESSION OF EVERY
 BY CJI /SENIOR JUDGE OF SC
YEAR
17. CONDITIONS OF PRESIDENTS OFFICE
3. SEND MESSAGES TO
 NO MLA ,MLC/MP
PARLIAMENT(ANY MSG)
 NO OFC OF PROFIT
4. APPOINT ANY MEMBER OF LS TO
 NO RENT FREE ACCOMODATION
PRESIDE ITS PROCEEDINGS,WHEN
 DETERMINED BY PARLIAMENT
SPEAKER AND DYPT SPEAKER ARE
 NOT BE DIMINISHED DURING HIS
VACCANT
TERM
5. SAME WITH RAJYA SABHA
6. NOMINATES 12 MEMBERS TO
RAJYA SABHA
 7. 2 MEMBERS NOMINATION TO
LOK SABHA FROM ANGLO INDIAN
28. DIPLOMATIC POWERS
(SCRAPPED READ 126TH
29. MILITARY POWERS
CONSTTUTIONAL AMENDMENT)
30. EMERGENCY POWERS
8. DECIDES QN OF MP
 NATIONAL EMERGENCY ARTICLE
DISQUALIFICATION IN
352
CONSULTATION WITH EC
 PREZ RULE 356&365
9. PRIOR RECOMMENDATIONS ON
 FINANCIAL EMERGENCY 360
CERTAIN BILLS
31. VETO POWER
10. VETO WITH
 ABSOLUTE
PARLIAMENTOBLIGATORY ASSENT
 QUALIFIED -OVERRIDE BY HIGHER
IF BILL IS RE- SUBMITTED
MAJORITY/NOT AVAILABLE TO INDIAN
11. VETO WITH STATE LEGISLATURE-
PRESIDENT BUT WITH US PRESIDENT.
NOT OBLIGATORY ASSENT EVEN IF
 SUSPENSIVE-OVERRIDE BY ORDINARY
BILL IS RE SUBMITTED
MAJORITY
12. ORDINANCE (MUST BE APPROVED
 POCKET
BY PARLIAMNT IN 6 WEEKS FROM
32. ABSOLUTE-
REASSEMBLY)
 BILL ENDS AND DOESNOT BECOME AN
13. LAYS REPORTS OF CAG,UPSC,FC
ACT
etc BEFORE PARLIMANET
 WRT PRIVATE MEMBERS BILL+GOVT
14. MAKE REGULATIONS IN UTs FOR
BILLS WHEN THE CABINET
PEACE PRGRESS AND GOOD
RESIGNS,NEW GOVT ASK THE PRENOT
GOVT+IN PUTHUCHERY AND
TO GIVE SSENT
DELHI ALSO IF THE ASSEMBLY IS
33. SUSPENSIVE VETO
SUSPENDED OR DISSOLVED
WHEN HE RETURS A BILL FOR
22. FINANCIAL POWERS
RECONSIDERATIONT
1) MONEY BILL ONLY WITH HIS
THIS VETO IS OVERRIDDEN BY RE
PRIOR RECOMMENDATION
PASAGENOT WITH CASE OF MONEY
2) HE CAUSES TO BE LAID
BILL(GIVE ASSENT/WITHHOLD
DOWN TH ANNUAL FINCAIAL
ASSENT+NO RETURN)
SATWEMENT
34. POCKET VETO
3) NO DEMAND FOR GRANTS
THE PRES NEITHER RATIFIES+NOR
EXCEPT HI
REJECTS+NOR RETURNS,BUT SIMPLY
SRECOMMENDATIONS
KEEPS THE BILL FOR AN INDEFINITE
4) HE CAN MAKE ADVANCES
PERIOD
OUT OF CONTIGENCY FUND
NO TIME LIMIT BY CONSTITTUION(US 10
5) HE CONSTITUTES FINANCE
DAYS ASSENT,SO POCKET OF INDIAN
COMMISSION EVERY 5 YEARS
PRES IS BIGGER THAN US PREZ)
23. JUDICAIL POWERS
24. APPOINTS CJI AND JUDGESOF SC AND HC
25. CAN SEEK ADVICE FORM SC ON ANY QN OF
LAW OR FACT(SC ADVICE IS NOT BINDING 35. THE PREZ HAS NO VETO WRT TO
HERE) CONSTITUTIONAL AMENDMENT BILL ,24 TH
26. HE CAN GRANT PARDON REPRIEVE ETC CONSTITUTIONAL AMENDENT MADE IT
27. IN ALL (COURT MARTIALS+EVEN IF OBLIGATORY FOR PREZ TO GIVE HIS ASSENT
ANYTHING AGAINST UNION LAW+DEATH TO CONSTITUTIONAL AMENDMENT BILL
SENTENCE) 36. STATE LEGISLATURE CAN’T OVERRIDE THE
VETO POWER OF PRESIDENT
 +NO TIME LIMIT AS PER CONSTITUTION
TO THE BILL RESERVED BY THE
GOVERNOR FOR PRESIDEN
37. ORDINNANCE MAKING POWER OF
PRESIDENT
❖ ARTICLE 123/SAME LIKE PARLIAMENT
ACT BUT TEMPORARY IN
NATURE(LEGISLATIVE POWER OF PREZ)
❖ ONLY WHENBOTH HOUSES NOT IN
SESSION + EITHER HPUSE IS NOT IN
SESSION OR( ONE HOUSE IN SESSION )
❖ VOID IF MADE WHEN TWO HOUSES
ARE IN SESSION
❖ COOPER CASE 1970-PRESIDENT’s
SATISFACTION CAN BE QUESTIONED
ON GROUND OF MALAFIDE
❖ 38TH CONSTNAL AMENDMENT(1975)
PROVISIONS REGARDING
SATISAFACTION IS DELELTED IN 44TH
AMENDMENT 1978
❖ IT IS CO EXTENSIVE WITH LAW
MAKING POWERS OF PARLIAMENT
EXCEPT TIME DURATION
❖ CAN BE ISSUED ONLY ON SUBJECTS
WHERE PALIAMENT CAN MAKE LAWS
❖ SAME CONSTITUTIONAL LIMITATIONS
AS AN ACT OF PARLIAMENT ,ie IT
CANNOT TAKE AWAY/ABRIDGE
FUNDAMENTAL RIGHT
❖ EVERY ORDINNACE MUST BE KEPT
BEFORE BOTH HOUSES OF
PARLIAMENT ,IF ACCEPTED IT BECOME
AN ACT
❖ IF NO ACTION THEN IT WILL CEASE TO
OPERATE WITHIN 6 WEEKS FROM RE
ASEEMBLY OF PARLIAMENT
❖ IF PARLIAMENT PASS RESOLTION
DISAPPROVING IT BEFORE IT MAY
CEASE BEFORE 6 WEEKS
❖ MAX PERIOD OF ORDINANCE IS 6
MONTHS AND 6 WEEKS
❖ ACTS DONE BY THE ORDINNACE
BEFORE CEASE WILL BE VALID AND
EFFECTIVE
❖ PREZ CAN WITHDRAW ORDINCNE AT
ANY TIME.
❖ BUT ORDINANCE MAKING IS NOT
DISCRETIONARY
❖ BOTH ARE ONLY BY THE ADVICE OF
COUNCIL OF MINISTERS HEADED BY
PM
❖ IT IS RETROSPECTIVE(IN FORCE FROM
A BACK DATE)-IT CAN AMEND OR
ALTER ANY PREVIOUS ACT OR
ORDINANCE ,IT CAN ALTER OR AMEND
A TAX LAW BUT NO CONSTITUTIONAL
AMENDMENT
❖ ORDINANCE MAKING POWER NO
CONNECTION WITH NATIONAL
EMERGENCY
❖ AS PER RULES OF LOK SABHA -BILL
SEEKING TO REPLACE AN ORDINANCE
SHOULD HAVE A STATEMENT
EXPLAINING THE CIRCUMSTANCES
THAT HAD NECESSITATED IMMEDIATE
LEGISLATION BY ORDINANCE SHOULD
ALSO BE PLACED BEFORE THE HOUSES
❖ NO CASE TO SC AS OF NOW
REGARDING ORDINANCE BY THE
PRESIDENT
❖ D.E WADHWA CASE (1987)-
EXCEPTIONAL POWER TO MAKE LAW
THROUGH ORDINANCE CANNOT BE
USED AS A SUBSTITUTEFOR THE
LEGISLATIVE POWER OF THE STAET
LEGISLATURE
38. PARDONING POWER OF PRESIDENT
 ARTICLE 72
 IT IS INDEPENDENT OF JUDICIARY
 EXECUTIVE POWER
 PRESIDENT DOESN’T SIT AS A COURT
OF APPEAL
 IT IS TO CORRECT ANY JUDICIAL
ERROR+
 RELIEF FROM UNDULY HARSH
PUNISHMENT
 PARDON-COMPLETE ABSOLVEMENT
 COMMUTATION -SUBSTITUTION OF
ONE FORM TO ANOTHER
 REMISSION- REDUTION WITHOUT
CHANGING CHARACTER
  RESPITE-AWARDING LESSER SENTENSE
IN PLACE OF ORIGINAL (DUE TO
SPECIAL FACT)
 REPRIEVE -STAY OF EXECUTION OF
SENTENCE FOR A TEMPORARY PERIOD
 UNDER ARTICLE 161 GOVERNOR ALSO
HAVE THIS POWER BUT 2 EXCEPTIONS
WITH COURT MARTIAL AND DEATH
SENTENCE
 HOWEVER THE GOVERNOR CAN
SUSPEND REMIT OR COMMUTE DEATH
SENTENCE BOTH HAVE CONCURRENT
POWERS IN THIS CASES EXCEPT WITH
PARDON .
 THESE POWERS OF PRESIDENT IS NOT
SUBJECT TO JUDICIAL REVIEW EXCEPT
IT IS
ARBITRARY,IRRATIONAL,MALAFIDE OR
DISCRIMINATORY
 NO STAY CAN BE SEEKED BY
PETITIONER IF EARLIER PETITION OF
MERCY HAS BEEN REJECTED
39. CONSTITUTIONAL POSITION OF PRESIDENT
• ARTICLE 53,
• 74-COUNCIL OF MINISTER HEADED BY
PM TO AID AND ADVICE
• 75-COUNCIL OF MINISTERS
COLLECTIVELY RESPONSIBLE TO THE
LOK SABHA
ND
40. 42 CONSTITUTIONAL AMENDMENT
(INDIRA GANDHI TIME)
41. 44TH CONSTITUTIONAL AMENDMENT
(1978)(MORARJI DESAI)
42. PRESIDENT NOT HAVING ANY
CONSTITUTIONAL DISCRETION BUT
SITUATIONAL DICRETION ie HE CAN ACT ON
HIS DISCRETION.
43. APPOINTMENT OF PM WHEN NO PARTY
HAS CLEAR MAJORITY /IF PM DIES IN
OFFICE AND THERE IS NO OBVIOUS
SUCCESSOR
44. DISMISSAL OF COUNCIL OF MINISTERS
WHEN IT CANT PROVE CONFIDENCE OF LOK
SABHA
45. DISSOLUTION OF LOK SABHA IF COUNCIL
OF MINISTERS HAS LOST ITS MAJORITY