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(b) To change life imprisonment into death sentence.

(d) All of these

(a) The President

The President appoints the Prime Minister.

The President contains all executive powers of the Indian Union.

The President appoints the Attorney General of India, Ambassadors to the foreign countries and Governors of the states.

(d)  Article 52

The impeachment can be imposed against the President on the basis of abuse of powers, misconduct and violation of constitution.

In Hyderabad.

(b)  Article 352

(a)  5 years

At Chharbra near Shimla.

‘The Retreat Building’.

(d) Elected members of Parliament and state assemblies

Dr. Rajendra Prasad was the first President of our country.

In the two Houses of Parliament, a separate two-thirds of majority is required.

(c) Any House of the Parliament

(a)  Germany

The Presidential system is found in The United States of America and Brazil.

The Presidential system is found in Brazil.

Executive Powers of the President: 

The highest executive power of the union lies in the President. He uses it by himself or by his subordinate officers. All the officers of the union are his subordinate officers. The constitution provides a council of Ministers to the President to give ‘help and counseling’ in conducting of his duties. Its head is the Prime Minister. Unlike the United States, the President of India is only a constitutional head. His executive powers are virtually used by the federal council of Ministers. 

The President has the following major executive powers : 

1. The entire work of governance will be done in the name of the President. 

2. He can create rules to enable smooth governance. 

3. The President will have complete control over the states ruled by the centre. 

4. He welcomes the ambassadors arriving form other countries and they present their credentials to him. 

5. The appointment of officers of the Indian Union is also done by the President.

(a) The Parliament

Japan, Germany, Italy, Britain, and India, etc. follow the Parliamentary system.

Two types: 

1. Formal/ Nominal Executive 

2. Real / Actual executive.

Article 61 of the constitution describes the process of impeachment on the President.

‘The President’ is the formal and constitutional head of the executive.

The rights of the President under article 356 : 

Following are the rights of the President under article 356 : 

1. In President’s rule, the governor rules on behalf of the President. The President can appoint some delegates to give him suggestions. 

2. All the powers of the state legislature are received by the parliament. 

3. If the sessions of the Lok Sabha is not in progress, then the President may order the expenditure from the accumulated fund. 

4. The state’s governance system is completely under the central government because the state’s cabinet gets dissolved and the power of the executive of the state falls in the hands of the President.

When parliament’s session is not in progress and law is required, urgency on an important subject then in such a situation, the President can issue an ordinance.

The President has the following special rights : 

1. No person can be prosecuted in any civil or criminal court till the person holds the position of the Presidentship. 

2. Warrant for arrest against President cannot be issued. 

3. He cannot even be arrested. 

4. After giving written notice of 2 months, only civil action can be done against the President. 

5. Upon the death of the former President, his wife will receive half the pension of the retired President and a government house for lifetime.

Sri Narendra Modi is the fifteenth Prime Minister of India.

‘Prime Minister’ is the head of government and ‘President’ is the head of state (Nation) in India.

Ministers of State do not participate in the cabinet meeting.

(b) Article 74

1. The Prime Minister allocates the departments among the Ministers. 

2. The Prime Minister advises the President in relation to all important appointments.

There are 3 parts of government.

Emergency provisions have been mentioned in Article 352 to 360 of part 18 of the Indian constitution. 

According to which the President can announce three types of emergency : 

1. National emergency (Article 352), 

2. Failure of constitutional mechanism in the state (Article 356), 

3. Financial Emergency (Article 360). 

In the constitution, the President’s emergency powers are criticized on many grounds, which makes it clear that under certain circumstances, the President can misuse his power : 

1. Critics say that according to the constitution, the only decisive factor in the crisis situation is the President and the crisis management measures can be applied for one month by the President without asking the parliament. Therefore, in this situation, any ambitious and greedy President can become a dictator by misusing the emergency power but now it is not possible because the President is obliged to follow the advice of the Council of Ministers. 

2. Under Article 356, the provision of a crisis announcement has been made in the state in context of constitutional mechanism failure, and the fear has been expressed from the beginning that the ruling party of the centre could suppress the governments of the opposition parties in the state through the President. Some examples of this type are also found. 

3. Extensive financial rights were granted to the central executive and the legislative during the crisis period. To maintain the financial stability of the sates, the President can issue any kind of order to the state governments.

In addition to the above criticism, regarding President’s crisis or emergency powers, one criticism is also made that the use of emergency provisions in practice has not been compatible with the expectations and wishes of the constitution makers. 

The first type of emergency in practice was unnecessarily applied for long time form 1962 to 1968 and from 1975 to 1977 and on the basis of Article 356, in some cases voluntarily and in some cases unnecessarily, President’s rule was implemented in the states for a long time.

The post and powers of the Indian Prime Minister : 

Prime Minister is one of the most important institutions in India. Article 74 of the constitution makes the provision that there will be a Council of Ministers to assist and give advice to the President, whose head will be Prime Minister and the President will act according to the advice of the council of Ministers. 

The appointment of the Prime Minister is the first step in the creation of the council of Ministers. There is an important place of the Prime Minister in the council of Ministers. The Prime Minister presides over all the meetings of the Council of Ministers. In the parliamentary governance Prime Minister is like arch in the Council of Ministers around whom all the powers revolve.

The Prime Minister settles the difference between the Ministers. He advices the President to appoint his Ministers and allot their departments, change or accept their resignation or reject them. This statement of Dr. Jennings is very suitable for the position of Prime Minister “It is appropriate to call the Prime Minister the cornerstone of the entire constitution. The Prime Minister is not only the first of his counterparts, he is not only like the moon between the stars but is like the sun, which is orbited by other planets.” The influence of the Prime Minister in governance depends on his personality. Explaining the importance of the Prime Minister Goldstone has said that “The Prime Minister is the cornerstone of the cabinet building.”

Following are some important facts about the Prime Minister : 

1. The leader of the majority party in the Lok Sabha is the Prime Minister. He declares the government’s important policies in the House. Not only this, he explains the speeches given by his colleagues in the House. He can also advise the President to dissolve the Lok Sabha. 

2. Being the leader of the majority party in the Lok Sabha, the Prime Minister is the leader of the country. At the time of elections, he prepares the election manifesto on which the election is contested. 

3. If a dispute arises between two or more Ministers on a subject, then the Prime Minister can mediate and resolve that conflict. 

4. Prime Minister is the chairman of the cabinet. In this way, he preside over all the meetings of the cabinet. In his absence, the seniormost Minister presides over the cabinet. 

5. The Prime Minister acts as a link between the council of Ministers and the President. He himself gives information to the President about the decisions of the council of Ministers. Apart from this, it is the prime duty of the Prime Minister to give the information to the President about the central government’s administrative matters and the proposals to make the law. He conveys the views of the President to the council of Ministers. In this way, he acts as a link between the council of Ministers and the President. 

6. The Prime Minister is the creator of the Federal Council of Ministers, which is normally accepted by the President. The Prime Minister can ask any minister to resign from the office whenever he wants. If the Minister does not resign, then the Prime Minister can resign from the cabinet where in he can leave any old Minister. 

7. All important decisions related to the Union cabinet and other policy making bodies are taken under his supervision. He is the ex-officio chairman of the NITI Ayog. 

8. The Prime Minister can put any decision taken by any Minister for reconsideration in the council of Minsters on the recommendation of the President. 

9. The Prime Minister provides leadership in the functioning of the Parliament. All government bills are prepared according to his inspection and advice. 

10. In the Parliament, the Prime Minister is the main spokesman of the government. The official declaration related to government policy comes only in the jurisdiction of the Prime Minister. 

11. He advises the President in relation to all important appointments. 

12. Prime Minister also acts as a contact medium between the Lok Sabha and the Rajya Sabha. He advises the President when a session of Parliament is to be called, when is it to be suspended and when to be dissolved. 

13. The Prime Minister takes important decisions related to foreign policy and represents India in foreign countries.

(b) Parliamentary secretary

Position of the Prime Minister in the Council of Ministers : 

1. The Prime Minister builds the Council of Ministers. 

2. He divides the departments between the Ministers. 

3. He can demand resignation from Ministers and appoint new persons. The Ministers whom be asks for a resignation, have to give resignation. 

4. He Presides over the meetings of the cabinet. 

5. He speaks and announces all ministerial decisions/policies in the Parliament on behalf of the cabinet. 

6. He co-ordinates the various departments of governance and removes differences of Minister and maintains harmony among them. 

7. He can change the departments of Ministers.

The appointment of the Prime Minister : In Article 74 of the Indian constitution, this arrangement has been made that the appointment of the Prime Minister will be done by the President and the President will appoint the other Ministers on the advice of the Prime Minister. Under Article 75, the President appoints the person as the Prime Minister who is the leader of the majority party in the Lok Sabha and who gets majority support in the Lok Sabha. If a single party does not get a majority in the Lok Sabha, then the President invites the leader of the biggest national party to form the government at his discretion, and he orders the candidate to prove his majority in a given time period. 

It is mandatory for the Prime Minister to be a member of the Lok Sabha or Rajya Sabha. If the Prime Minister is not a member of a house when he it appointed, he has to become a member of either house within 6 months.