KNC501/KNC601 Constitution of India, Law and Engineering

Chapter 4: President of India

Unit 1

Unit 2

Unit 3

Unit 4

Unit 5

Appendix

Comparison of powers of Indian President with the United States

S. No.

Indian President

American President

1.

He is only a figurehead. The real executive power is vested in the Prime Minister.

He is real head of the executive.

2.

He appoints Prime Minister, leader of the majority. Only the advice of the Prime Minister, he appoints other ministers. In appointing the Ministers, he has been no choice, discretion.

The members of the cabinet are nominated by the President. Then they are called secretaries, not Ministers.

3.

He is bound to follow the advice of the cabinet.

He is not bound to follow the advice of the cabinet. The President is Boss and Secretaries are his subordinates.

4.

The Cabinet makes the laws. The assent of the President is necessary.

The President is not a member of legislature. It is the duty of the Congress to make the laws.

5.

He has been no vote power.

He has been veto power.

6.

He can dissolve the “Loka Sabha” only the advice of the Cabinet.

He cannot dissolve Legislature.

7.

The term of office is 5 years.

The term of office is 4 years.

8.

Immunity: No criminal cases can be instituted against the President. Civil proceedings can be instituted against President, after giving a statutory notice u/s 80 of Civil Procedure Code. There is no immunity to civil proceedings.

Immunity: there is no such immunity to American President, either civil or criminal proceedings. e.g., Water Gate case against Nixon, Monica’s case against Bill Clinton, etc.

9.

He is elected by indirect election by a special process known as “Electoral College”.

He is elected by direct elections.

10.

President represents Parliamentary Democracy.

American President represents Presidential Democracy.

11.

He is not too strong not too weak. A balanced position is given to him.

He is very strong.

12.

The President of India possesses the equal characteristics of the King of Britain.

The President of America combines in himself the functions of the King and the Prime Minister of England.

13.

If the Bill is defeated, the Council of Ministers should resign.

If the Bill is defeated, neither the President nor the Congress should resign.

14.

No Spoils systemIndian President has been no power to appoint administrative services of his choice. There is a separate of “Union Public Service” to appoint the Administrative Officers.

Spoils system: The American President can appoint 20% of the administrative services of his own choice.

15.

A person may be re-elected for many times.

A person cannot function for more than 2 terms of office.

Author – Dilip Kumar Rawat

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