DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,

LUCKNOW

SUBJECT: CONSTITUTION LAW II

COMPARISON OF POWERS BETWEEN THE PRESIDENT AND THE
GOVERNERS

Submitted By: Submitted To:

Name – Nishant Madhur Katiyar Dr. Atul Kumar Tiwari

Enrolment No. – 220101111 Associate Professor (Law)
Section: B

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 ACKNOWLEDGEMENT

I want to extend my sincere appreciation to Dr. A.K. Tiwari, my teacher, for assigning me this
challenging topic and for his exceptional guidance, supervision, and continuous
encouragement throughout my thesis.

I also wish to thank my college seniors for their supportive guidance and valuable input at
every stage of this project.

I am grateful to the staff of the Madhu Limaye Library for their timely assistance and
valuable resources in their respective fields.

Finally, I express my gratitude to my family and friends for their unwavering support, without
which I would not have been able to complete this assignment.

Nishant Madhur Katiyar

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 Table of Contents

1. Introduction
2. Executive powers of the President and the Governor in India
a. President
i. The key aspects of the President’s executive authority include
b. Governor
i. The key aspects of the Governor’s executive authority include
c. Case Laws
3. Legislative powers of the President and the Governor in India
a. President
b. Governor
c. Case Law
4. Emergency Powers of the President and the Governor in India
a. National Emergency (Article 352)
b. State Emergency (President’s Rule – Article 356)
c. Financial Emergency (Article 360)
d. Emergency Powers of the Governor
5. Pardoning Power
a. The President
b. The Governors
c. Case Laws
6. Powers of the President and the Governor in Dissolution of Legislative Bodies
a. Role of the President in Dissolution of the Lok Sabha (Lower House of
Parliament)
b. Role of the Governor in Dissolution of State Legislative Assemblies
7. Significance of Ceremonial and Symbolic Roles
a. Maintaining Constitutional Principles
b. A Non-Party Position
c. Supporting Diversity and Unity
d. Protecting the Constitution
e. Signaling Transitions and Continuity
f. Representation in Diplomacy
g. Promoting national identity
h. Encouragement of Civility and Decorum
i. Perform a constitutional check
8. Powers of the President and the Governor in Judicial Review over Immunity in India
9. Conclusion
10. References

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INTRODUCTION

India, the world's largest democracy, operates under a meticulously crafted constitutional
framework delineating the roles and powers of the President and Governors. These figures
symbolize both national unity and the federal structure of India's political landscape, serving
as constitutional heads at the central and state levels respectively.

Despite their esteemed positions, the true extent of authority wielded by the President and
Governors is often misconstrued or undervalued. In this discourse, we undertake a
comparative examination of their respective powers, elucidating the nuanced distinctions in
their functions within the Indian political framework.

This article aims to highlight the contributions of the President and Governors to the
governance of the nation, elucidating their respective roles and responsibilities. By
scrutinizing the parallels and disparities in their authority, we embark on a constitutional
exploration to comprehend how these distinguished figures, each possessing a distinct sphere
of influence, play pivotal roles in shaping India's government and upholding the democratic
ethos that defines our nation.

EXECUTIVE POWERS OF THE PRESIDENT AND THE GOVERNOR IN INDIA

President

Part V of the Constitution, encompassing Articles 52 to 78, addresses the Union Executive. At
the helm of this executive body stands the President, who serves as the head of state in India.
Alongside the Vice-President, Attorney-General of India, Council of Ministers, and Prime
Minister, the President constitutes a key member of the Union Executive. Functioning as a
symbol of national unity and coherence, the President of India shoulders the fundamental
responsibility of safeguarding the constitution and the laws of the land, a commitment
solemnized through the presidential oath as outlined in Article 60 of the Indian constitution.

The Electoral College, which consists of the following members, elects the president
indirectly:

 The elected members of both Houses of Parliament,

 The elected members of the state legislatures,

 The elected members of the legislative assemblies of Delhi and Pondicherry, which
are union territories.

The nominated members of the State Legislative Assembly, the nominated members of the
State Legislative Councils, the nominated members of the Legislative Assembly of Delhi, and
the nominated members of the Legislative Assembly of Pondicherry do not vote in the
presidential election. Even if new elections to the dissolved assembly are not held prior to the
presidential election, members of dissolved assemblies no longer qualify to vote in
presidential elections.

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As the highest-ranking official in the executive branch at the national level, the President
holds a significant constitutional position. It’s crucial to remember that the President’s
executive authority is not unrestricted. It must follow the Prime Minister-led Council of
Ministers’ recommendations.

The key aspects of the President’s executive authority include:

 The President appoints the head of the majority party or coalition to serve as prime
minister following a general election, or in the event that the prime minister steps
down or dies. To form the government, the Prime Minister chooses additional
members of the Council of Ministers.

 The President has the authority to summon and prorogue (end) both the Lok Sabha
and the Rajya Sabha sessions. The President addresses the first session after a general
election and the first session after the summer recess.

 The President, on the advice of the Prime Minister, has the authority to dissolve the
Lok Sabha in the event that the legislature loses confidence in the government or if a
majority is not clearly established. While an emergency exists or during the final six
months of the president’s term, the Lok Sabha cannot be dissolved.

 The Chief Justice of India, Supreme Court and High Court judges, the Attorney
General, the Comptroller and Auditor General (CAG), and the Election Commissioner
are just a few of the high constitutional functionaries that the President has the
authority to nominate.

 Article 72 of the Indian Constitution empowers the President to grant pardons,

reprieves, respites, or remissions for specific crimes. However, the Council of
Ministers’ recommendations govern this authority.

Governor

The Governor assumes the role of the chief executive within the state. Part VI of the
Constitution, spanning Articles 153 to 167, delineates the state executive framework.
Comprising the Governor, Chief Minister, council of ministers, and state advocate general,
the state executive plays a pivotal role in state governance. Appointed by the Union
government in each state, the Governor holds a dual position as both a titular or constitutional
head and an agent of the federal government.

Unlike the President, who is elected either directly or indirectly by the people or an electoral
college, the Governor's appointment is made by the President through a warrant bearing his
signature and seal, rendering the Governor essentially the choice of the Central Government.
However, it is important to note, as established by the Supreme Court in 1979, that the
Governor of a state is not an employee of the federal government but occupies a
constitutionally independent office distinct from central government personnel.

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Following the Canadian model of government, wherein governors are nominated by the
Union in India and subsequently appointed by the President, the Governor serves a fixed term
of five years in office. This arrangement underscores the Governor's significant role in state
governance while maintaining the constitutional balance between the Union and the states.

The key aspects of the Governor’s executive authority include:

 According to Article 159 of the Indian Constitution, the governor’s main

responsibility is to uphold, defend, and protect the constitution and the law in the
conduct of state business. The governor’s main duties include acting as the state’s
CEO and supervising the activities of the executive branch of government.

 The Governor appoints the head of the majority party or coalition as the Chief
Minister following a state election, or in cases where the Chief Minister resigns or
loses the majority. The state’s Council of Ministers is then established by the chief
minister.

 The Governor has the authority to call and adjourn the state legislative assembly, as
well as to address its meetings.

 The Governor may recommend to the President that the State Legislative Assembly be
dissolved in the event that the state’s government loses its majority or if there is a
constitutional crisis. President’s Rule may be imposed in the state or other options but
the President has the final say.

 The Governor appoints a number of state high functionaries, including the State
Election Commissioner, the Chairman and Members of the State Public Service
Commission, and the Advocate General.

 According to Article 161 of the Indian Constitution, the Governor has the authority to
pardon, reprieve, respite, or remit the punishment for specific crimes committed at the
state level. On the Council of Ministers’ advice, this authority is used.

Overall, while both the President and the Governor have executive authority, they perform
distinct roles, varying levels of authority. The President operates at the national level,
whereas the Governor operates at the state level within India’s federal system.

Case Laws

The Supreme Court ruled in U.N. Rao v. Indira Gandhi1, that because Article 74(1) is
mandatory, the President must consult the Council of Ministers in order to exercise his or her
executive authority.

In light of Article 74(1) and Articles 75(2)-(3), any executive power exercised without such
assistance and counsel is unconstitutional. Even after the President has dissolved the
legislature. According to the ruling in the Bejoy Lakshmi Cotton Mill case2, ministers
1
AIR 1971 SC 1002
2
AIR 1967 SC 1145

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actually exercise the executive branch’s authority despite the fact that the president or
governor is officially in charge. President or Governor refers to the President or Governor
who has received assistance and advice from Ministers.

In Shamsher Singh v. State of Punjab3, held that wherever the Constitution requires the
satisfaction of the President or Governor, for example, in Articles 123, 213, 311(2)(c), 356,
360, the satisfaction is not the personal satisfaction, but it is the satisfaction in the
constitutional sense under the cabinet system of government.

LEGISLATIVE POWERS OF THE PRESIDENT AND THE GOVERNOR IN INDIA:

President:

 The President has the power to call a special session of either the Lok Sabha or the
Rajya Sabha. The President also adjourns or puts an end to, Parliamentary sessions.
Each year following a general election, the first session of the new fiscal year
officially begins with the President’s address.

 The President has the authority to dissolve the Lok Sabha if there is a situation in
which no party or coalition has a clear majority in the Lok Sabha. Moreover, in the
case where the government is unable to demonstrate its majority. However, The
President cannot dissolve the Lok Sabha during an emergency or within the last six
months of their term.

 The President makes several speeches to both houses of parliament. It includes the
start of the first session of the year, during the joint session, and during the budget
session. The President’s address outlines the goals and priorities of the executive
branch.

 In order for a bill to become law, the President must give his or her assent. When a
bill is given assent by the President after being approved by the Parliament, it
becomes an Act. Moreover, it is incorporated into national law.

 With the exception of money bills, the President may withhold their assent to a bill or
return it for reconsideration. The President must sign the bill if it is resubmitted to
them and approved by Parliament.

 Ordinances can be promulgated by the President in urgent situations when Parliament

is not in session. Ordinances must be approved by Parliament within a certain time
and have the same authority as laws passed by Parliament.

Governor:

 The Governor has the authority to call and prorogue the state legislative assembly.
Additionally, the Governor addresses the assembly at the start of each year’s first
session and the session following an election.

3
1974 SC 2192

7
  The Governor may dissolve the state legislative assembly at the Chief Minister’s
recommendation. Also, in the event that no party or coalition has a clear majority. If
necessary, the Governor may also suggest President’s Rule.

 A bill needs the governor’s approval before it can be enacted as state law. Legislation
passed by the state legislative assembly may receive the Governor’s assent or not.

 Similar to the President, the Governor has the authority to withhold their assent to a
bill or send it back for revision, with the exception of money bills, which they cannot
do. The Governor is required to sign the bill if it is reintroduced to them and approved
by the state legislature.

 Similar to the President, the Governor has the authority to enact laws when the state
legislature is not in session. These ordinances must be approved by the assembly
within a certain time period and have the same authority as laws passed by the state
legislature.

Despite both having legislative authority, the President deals with national-scale issues, while
the Governor handles state-specific affairs. In order to ensure checks and balances in the
legislative process, certain restrictions and constitutional provisions apply to the exercise of
their legislative powers.

Case Law

According to R.C. Cooper v. Union of India,4 the President (and Governor) are to exercise
this authority on the advice of the Council of Ministers. If both Houses pass a resolution
disapproving it before the end of the six-week period, the ordinance ends operating on the
day the resolution is passed (parliamentary safeguards). The ordinance must be laid before
the Parliament when it reconvenes and ceases to be in effect six weeks after the date of the
reconvening.

EMERGENCY POWERS OF THE PRESIDENT AND THE GOVERNOR IN INDIA:

The Indian Constitution contains provisions known as “emergency powers” that give the
national government certain extraordinary powers to handle crises at the state or national
level. To preserve the nation’s security, integrity, and stability, these powers are only used in
certain situations. There are three types of emergencies under the Indian Constitution:

National Emergency (Article 352):

 When a war, external aggression, or armed rebellion poses an immediate threat to the
nation’s security, a National Emergency may be declared.

 A National Emergency may be proclaimed by the President. However, the Prime

Minister-led Cabinet must submit a written recommendation to the President before
the President can declare a National Emergency.

4
AIR 1970 SC 564

8
  The President may exercise extraordinary authority and suspend some fundamental
rights protected by the Constitution during a National Emergency.

However, Articles 21 and 32, which grant the right to petition the courts for the enforcement
of fundamental rights, cannot be suspended.

 Within one month, both houses of Parliament must approve the declaration of a
national emergency. It may be prolonged by successive parliamentary approvals for a
total of six months at a time.

State Emergency (President’s Rule – Article 356):

 When a state’s constitutional machinery malfunctions and the state government is

unable to function in accordance with the Constitution, a State Emergency, also
known as President’s Rule, may be declared.

 In order for the President to impose President’s Rule in the state, the Governor of the
state sends a report to him outlining how the constitutional machinery has broken
down.

 Under President’s Rule, the state is governed by the Governor on behalf of the
President, and the state legislative assembly’s legislative authority is transferred to the
Parliament.

 The initial implementation of the President’s Rule lasts for six months. With the
consent of both houses of Parliament, it may be extended an additional three times,
each for a maximum of six months.

Financial Emergency (Article 360):

 When there is a threat to India’s financial stability or credit, or any portion of its
territory, a financial emergency may be declared.

 Based on the Cabinet’s written recommendation, the President has the authority to
declare a financial emergency.

 In times of financial emergency, the president has the authority to direct the states to
adhere to specific financial principles and to make decisions regarding the stability of
the financial system.

 Within two months, both houses of Parliament must approve the declaration of a
financial emergency. Similar to the National Emergency, it may be prolonged by
successive parliamentary approvals for a total of six months at a time.

It is crucial to remember that using emergency powers is a serious decision that should only
be made in extreme cases. The Constitution includes checks and balances to prevent abuse of
these powers because emergency measures have an impact on how democratic institutions
typically operate. The Supreme Court of India has the power to review the legality of

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emergency proclamations and declare them invalid if it determines that they are
unconstitutional or improperly imposed. The Constitution’s emergency provisions seek to
strike a balance between upholding democratic principles and ensuring the stability and
security of the country.

Emergency Powers of the Governor:

The Governor of a state does not have the authority to declare any kind of emergency, unlike
the President. The Governor does, however, have a say in whether or not the state is placed
under the President’s Rule. The President may impose President’s Rule based on the
Governor’s recommendation if the Governor considers that the state’s constitutional
apparatus has malfunctioned. The Governor’s only responsibility is to recommend President’s
Rule for the state to him or her, who has the final say.

The President at the federal level alone has the authority to declare a National or Financial
Emergency, not the Governor.

The use of emergency powers is uncommon throughout India’s democratic history because
they are regarded as extraordinary measures. To ensure that they are used sparingly and only
in urgent circumstances to protect the interests of the country and its citizens. The
Constitution carefully lays out the requirements and processes for declaring emergencies.

PARDONING POWER

The President of India and state governors have significant constitutional authority to pardon
people. They have the authority to grant those who have been found guilty of crimes
reprieves, respites, remissions of punishment, or pardons. This power is meant to give the
executive authorities a way to be merciful and lenient in situations where the regular course
of justice might result in harsh or unfair verdicts. The central and state levels of the pardoning
power operate as follows:

The President:

 Article 72 of the Indian Constitution: Article 72 of the Indian Constitution establishes

the President’s ability to grant pardons. According to this article, the President has the
power to pardon, reprieve, respite, or remit punishment for those found guilty of
violating federal laws.

 Different Pardons:

o Pardon: With a pardon, the offender is totally cleared of the crime and is
treated as though it never happened. The punishment has been completely
suspended, but the conviction is upheld.

o Reprieve: A reprieve is a temporary halt in the execution of the punishment.

This is frequently done to give the convicted party time to seek legal recourse
or for the court to consider the case more carefully.

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 o A respite is a reduction in the severity of the punishment without an absolution
of the offense.

o Remission: Remission is the shortening of a sentence without altering its

content.

 The Prime Minister-led Council of Ministers serves as the President’s advisory body
when it comes to issuing pardons, even though the President has that authority in
theory. Each case is given careful consideration by the Council of Ministers before
recommendations are made to the President.

 The President is not permitted to pardon individuals for crimes covered by military
law or those for which the Parliament has impeached them. If the person has already
been found guilty by a court-martial, the pardoning power is not applicable in those
circumstances.

The Governors:

 According to Article 161 of the Indian Constitution, state governors have the authority
to pardon. This article gives the governor the authority to pardon, reprieve, respite, or
remit punishment for those found guilty of violating state laws.

 The types of pardons and restrictions on the governor’s power to pardon are
comparable to those of the president. On the recommendation of the local state’s
Council of Ministers, the Governor may also use his or her pardoning authority.

 The Governor’s pardoning authority only extends to violations of state law. It does not
cover transgressions of federal or military law.

A key component of India’s criminal justice system is the pardoning power. It may be used by
the President or the governor. When there may be mitigating circumstances or when the strict
application of the law may cause excessive hardship or injustice, it offers a channel for
compassion and mercy. However, the use of this authority is closely scrutinized, and
decisions are made after taking the recommendations of the Council of Ministers into account
as well as the unique merits of each case.

Case Laws

The Apex Court ruled in Epuru Sudhakar v. Govt. of Andhra Pradesh5 that judicial review
is available for the President’s and Governors’ pardoning powers under Articles 72 and 161.
Caste or political considerations cannot be used as justification for exercising the pardoning
power arbitrarily. It stated that it would constitute a violation of the Constitution if the
pardoning power had been used for caste, religious, or political reasons, and the Court would
then review its legality.

5
AIR 2006 SC 3385

11
In Narain Dutt v. State of Punjab 6, the Supreme Court overturned a pardon order issued by
the Governor of Punjab in a case involving murder and other offenses and remanded it for
further consideration. The Court observed that there was no mention of the accused persons’
conviction and sentence in the Governor’s order. The Court determined that the Governor’s
use of his or her authority is subject to limited judicial review under Article 161.

The power of a governor to pardon an offender is an exercise of executive authority. It is

separated from the court’s authority to rule on the accused’s guilt or innocence. In this
instance, the Governor’s use of his or her authority has gone beyond what is permitted by the
Constitution.

In the case of State of Haryana v. Jagdish7, the Supreme Court made an observation and
held that the power under Articles 72 and 161 of the Constitution was never intended to be
used as an unrestrained authority of reprieve by the executive. The power of clemency should
be exercised cautiously and only in suitable cases, wherein it reduces the severity of the
punishment awarded without completely erasing the conviction

POWERS OF THE PRESIDENT AND THE GOVERNOR IN DISSOLUTION OF

LEGISLATIVE BODIES:

An important aspect of the President’s and the Governor’s constitutional authority is their
role in the dissolution of legislative bodies, such as the Parliament and state legislative
assemblies. However, because they oversee different tiers of government, their roles in this
situation are different. Let’s look at each of their responsibilities:

Role of the President in Dissolution of the Lok Sabha (Lower House of Parliament):

1. Term of the Lok Sabha: The Lok Sabha’s term is five years unless it is dissolved
earlier.

2. Dissolution of the Lok Sabha: The Lok Sabha cannot be dissolved by the President.
The President does not have the authority to dissolve the lower house before it has
served out its full term.

3. No-Confidence Motion: The Lok Sabha may be dissolved prior to the expiration of
its five-year term only in the event that the majority of its members lose faith in the
current administration and no viable alternative administration can be formed. The
Prime Minister could suggest to the President to dissolve the Lok Sabha in such a
case.

4. Caretaker Government: In the event that the Lok Sabha is dissolved or its term
expires, the Council of Ministers. It includes the Prime Minister, who continues to
serve as the interim administration until a new administration is formed following
new elections.

6
2011 SC 1216
7
AIR 2010 SC 1690

12
Role of the Governor in Dissolution of State Legislative Assemblies:

1. Term of State Legislative Assemblies: State legislative assemblies typically have

terms of five years unless they are dissolved earlier.

 Dissolution of State Legislative Assemblies: State legislative assemblies can be

dissolved at any time, and the governor is important in this process.

 Chief Minister’s recommendation: The Chief Minister may urge the Governor to
dissolve the state legislative assembly if they believe the government has lost its
majority in the assembly or there is a constitutional crisis.

 President’s Rule: If the Governor is persuaded that the state’s government cannot be
run in accordance with the Constitution’s provisions, they may recommend to the
President that President’s Rule be imposed (Article 356). The Governor oversees the
state on the President’s behalf and the President’s Rule implies the dismissal of the
state government. However, the Governor must verify the reality of the situation and
consider all other options before recommending President’s Rule.

 Caretaker Government: In the event that the state legislative assembly is dissolved
or its term expires, the current chief minister and the council of ministers continue in
that capacity until a new government is formed as a result of new elections or other
arrangements.

While the President lacks the authority to dissolve the Lok Sabha. It’s worth noting that the
Governor plays a significant role in the dissolution of the state legislative assembly. This
distinction is consistent with Indian federalist principles and the division of authority between
the national and state governments.

SIGNIFICANCE OF CEREMONIAL AND SYMBOLIC ROLES:

India’s political system places a high value on the ceremonial and symbolic functions of the
President and the Governors. These are grounded in the values of democracy, federalism, and
the preservation of the nation. The following significant factors underline the importance of
these roles:

Maintaining Constitutional Principles:

The President and Governors’ ceremonial roles place emphasis on their adherence to the
values and principles of the Constitution. In their respective roles as head of state at the
federal and state levels, they stand in for the continuity and stability of the country,
transcending fleeting political shifts.

A Non-Party Position

Both the President and the Governors are obligated by the Constitution to maintain their
independence and neutrality. They may have had political allegiances prior to being

13
appointed, but once in office, they are obligated to act in the state’s or the nation’s best
interests without favoring any one political party.

Supporting Diversity and Unity:

India is a multicultural country with a wide range of languages, cultures, and traditions. By
standing in for the entire nation and upholding the idea of unity in diversity, the ceremonial
roles of the President and the Governors act as a unifying force.

Protecting the Constitution:

The Constitution is sworn to be upheld, guarded, and defended by the President and the
Governors. Their ceremonial roles serve as a constant reminder of their dedication to
preserving the constitutional order and its principles.

Signalling Transitions and Continuity:

During periods of transition, such as the transfer of power following elections or changes in
government, ceremonial functions play a vital role. The President’s or Governor’s swearing-
in ceremony as well as other ceremonial events stand for the orderly transition of power and
continuation of government.

Representation in Diplomacy:

The President acts as the ceremonial head of India during diplomatic engagements and
represents India in the global arena. Similarly to this, governors represent their respective
states at ceremonial events and serve as their states’ ambassadors inside India.

Promoting national identity:

People develop a sense of national pride and identity when the President and the Governors
participate in ceremonial events like Republic Day and Independence Day festivities. As
people gather to honour the nation’s accomplishments and growth, these gatherings promote
a sense of patriotism and solidarity.

Encouragement of Civility and Decorum:

The President and the Governors’ gracious behaviour serves as a model for decorum and
politeness in public life. Their deeds and conduct inspire both politicians and the public to
uphold honour and respect for the highest constitutional positions.

Perform a constitutional check:

While their primary functions are ceremonial, the President and the Governors also have
some constitutional authority, as was previously mentioned. Their limited discretionary
powers can act as a constitutional check and balance. In the case of a constitutional crisis or a
departure from democratic standards.

14
In India, the President and the Governors play ceremonial and symbolic duties that go beyond
simple symbolism. They support national unity, maintain constitutional principles, and
represent the country’s vibrant variety. These positions are essential to maintaining India’s
democratic framework and bolstering the concepts of federalism and democratic government
at both the national and state levels.

POWERS OF THE PRESIDENT AND THE GOVERNOR IN JUDICIAL REVIEW

OVER IMMUNITY IN INDIA:

In the case of Rameshwar Prasad v. UOI8, the court discussed the extent of immunity
granted to Governors and the President under Article 361 of the Constitution. It was held that
the President and Governors cannot be impleaded or issued notices in their personal capacity.
Moreover, they are not accountable to any court for the actions they take in the exercise of
their official duties. This immunity even covers charges of mala fides as the words “purported
to be done” in Article 361 are broad.

However, this personal immunity does not prevent challenges to their actions. Challenges to
the actions of the President or Governor, including allegations of mala fides, can make
through appropriate legal means. The defense of these actions falls upon the Union of India
or the respective State Government. Even if personal mala fides are alleged and proven, the
governments cannot claim immunity and must respond appropriately.

The respondent State must satisfy the court with evidence on record or an affidavit filed by
the Governor/President. Article 361 does not prevent the Governor or President from filing an
affidavit if they wish to do so. The bar lies only in the court’s power to issue notices to or
make the President or Governor answerable.

8
AIR 2006 SC 980

15
Conclusion:

The contrast between the President’s and the governor’s respective functions under the
constitution reveals how different those roles are. At the state level, the Governors carry out
comparable duties. Whereas the President has ceremonial and symbolic authority at the
federal level.

The Council of Ministers advises the President when using his limited executive authority.
They also have emergency powers to handle extreme crises and play crucial roles in the
legislative process.

The Chief Minister and the State Council of Ministers also provide advice to the Governors
regarding their administrative authority. They play a crucial role in the dissolution of state
legislative assemblies and, in some situations, might advise President’s Rule.

Both the President and the Governors play ceremonial responsibilities that highlight the
nation’s diversity and unity while respecting constitutional principles. These functions act as
a uniting factor and help to remind us of the democratic values that underpin Indian
governance.

Overall, the division of authority between the President and the Governors guarantees that the
national and state governments coexist peacefully. It strengthens India’s solid democratic
system. Understanding these responsibilities offers important insights into how India’s
political system operates and its adherence to democratic principles.

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 https://legalstudymaterial.com/powers-of-president-and-governor/

 https://unacademy.com/content/karnataka-psc/study-material/polity/discretionary-
power/

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