Q.1. Explain the fractures or characteristics and source of UK/England/British constitution.

Sources of UK constitution:
1. Conventions:
2. Statutes and Acts of Parliament: Then there are statutes, which Parliament has passed from
time to time. They deal with significant constitutional matters. The Act of Habeas Corpus
(1679), the Act of Settlement (1701), the Reform Acts of 1832, 1867, 1884, 1918 and 1928, the
Parliament Act of 1911 & 1949, the Statute of West Minister of 1931 etc. are the example of
such statutes. The Act of Habeas Corpus stipulates that a person who is imprisoned without
legal justification can obtain release. The Act of Settlement lays down that the King must be of
Protestant faith.
3.Charters: There are, in the first place historic documents embodying, solemn agreements
arrived at between the King and his subjects at time of political stress and crisis. Magna Carta
(1215), the Petition of Rights and the Bill of Rights are examples of such documents.

.The Magna Carta was signed by King John in 1215. It may be described as the foundation of
British constitution because it was for the first time that certain rights of the people were
recognized by the King. The rights claimed were mainly those of justice and property. One
important principle was established that the King must govern according to law and not
according to his will or caprice.
.The Petition of Rights (1628) to which King Charles-I yielded contained protest against taxation
without the consent of Parliament, unlawful imprisonment and grievances against the military.
.The Bill of Rights (1689) made it illegal For the King to overridden laws, to maintain a standing
army without the consent of Parliament, or to demand taxes by prerogative.

4. Judicial Decisions: The courts interpret statutes, solemn agreements and common law
whenever disputes are referred to them. Their decisions have contributed a good deal to the
development of the British constitution. Dicey has remarked that the English Constitution is a
judge-made. Most of the rights enjoyed by the British people today are the outcome of contests
carried on in the courts. The right to personal liberty, the right to public meeting, the right to
freedom of speech, etc. is in England are the result of judicial decisions.

5.Commentaries of Eminent Jurists: Legal authorities and eminent jurists have written
comments on constitutional law of England. Arson's Law and Customs of Constitution, May's
Parliamentary Practice and Dicey's Law of Constitution are regarded to be authoritative
comments on law and practice of English constitution.

6.Common Law: The four elements of the British constitution mentioned above are of written
character. Common law is of unwritten character. It is the law based on the immemorial
customs of the people and recognized by law courts. Originally, it was based on common law of
the land. It was by common law that the sovereign King and Queen was the source of all power
in the country. Though much has now been changed by statutes, a considerable portion, of the
British constitution is still based on common law. The prerogative (discretionary power) of the
sovereign, for example, rests entirely on common law. Many basic rights of the people, jury
trial, freedom of speech and assembly etc. are based on common law as interpreted and
applied by the courts of the country.
Q.2. Powers and Functions of Prime minister in India
1. Leader of the Parliament: As the leader of the majority in the Lokasabha, the Prime Minister
is also the leader of the Parliament. In this capacity, it is the PM who, in consultation with the
Speaker of this Lokasabha, decides the agenda of the House. The summoning and the
proroguing of Parliament is in fact decided by him and the President only acts upon his advice.

2. Formation of the Council of Ministers: The task of formation of the ministry begins with the
appointment of the Prime Minister by the President. After the appointment of Prime Minister,
the President appoints all other ministers on the advice of the Prime Minister. The PM
determines the strength of his ministry and selects his team of ministers. However this number
cannot be more than 15% of the total membership of the Lokasabha.
3. Allocation of Portfolios: It is an undisputed privilege of the Prime Minister to allocate
portfolios to his ministers. Which particular department is to be given to which minister is
determined by him. Any minister objecting to such an allotment invites the wrath of the Prime
Minister and can get completely ignored from the ministry.

4. Change of Portfolios: The Prime Minister has the power to change the departments
(portfolios) of the ministers at any time. It is his privilege to shuffle and re-shuffle his ministry
any time and as many times as he may like.

5. Chairman of the Cabinet: The Prime Minister is the leader of the Cabinet. He presides over
its meetings. He decides the agenda of its meetings. In fact all matters in the Cabinet are
decided with the approval and consent of the Prime Minister. It is up to him to accept or reject
proposals for discussions in the Cabinet. All ministers conform to his views and policies. There is
scope for deliberations and discussions but not for opposition.

6. Removal of Ministers: The Prime Minister can demand resignation from any minister at any
time, and the latter has to accept the wishes of the former. However, if any minister may fail to
resign, the Prime Minister can get him dismissed from the President. In April 2010 Mr. Shashi
Throor had to submit his resignation because PM Manmohan Singh had asked him to do so.

7. Chief Coordinator: The Prime Minister acts as the general manager of the state and the chief
coordinator. It is his responsibility to co-ordinate the activities of all the departments and to
secure co-operation amongst all government departments. He resolves all differences, among
the ministers.
8. Director of Foreign Affairs: As the powerful and real head of the government, the Prime
Minister always plays a key role in determining Indian foreign policy and relations with other
countries. He may or may not hold the portfolio of foreign affairs but he always influences all
foreign policy decisions.

9. Role as the Leader of the Nation: Besides being the leader of his party and the Lokasabha,
Prime Minister is also the leader of the nation. General elections are fought in his name. We
know that it was the charismatic and charming personality of Pt. Nehru that used to sweep
popular votes in favour of the Congress party. The personality of the Prime Minister and the
respect and love, that he commands act as a source of strength for his party as well as the
nation. He leads the nation both in times of peace and war.
Q.3. Composition and powers and functions of parliament of UK.

British parliament is one of the oldest parliament of modern times that is why it is called the
mother parliament. The house of Common consist totaly on the elected representives. This
house played importantrole regarding the legalition of UK parliament.
Composition of House of Common
a) Strent : The present strent of house of common is 650. Every meber represents abt 57000
voters.
b) Term of house: The member of this house are elected for a term five years. Unless the house
is dissolve.The Queen on the advise of Prime Minister can dissolved this house before five
years.Following are the Qualification for the member of house of Common
->Qualification and Election of House of Common
1.Must not be in Alien
2.Must be above 25 years of age
3.Must not be a bankrupt.
4. Must not be of sound mind
5. He must not be a judge of Supreme Court
6. He must not be disqualified by law
7. He must not be a priest of established church of UK.
8. He must not be a servant of the Crown
->Election of House of Common
1.Gerneral Election : When a new house of common is to be elected by the people, it is called
general elections.
2.BY Election : By election are held when a vacancy occurs in the house of commons due to the
death or resignation of a member.
->Power and function of the House of common
a) Legislative Power : The house of common enjoy's vest power in the field of legislation . In the
begining king and Queen. In the begining king and Queen was only fourtain of justics. After
ward according ot passage fo time holelegalitive power goes in the house of common because
this house consist eletive represantives. So ther made good legislation for there citizean in the
state becuse there are answerable to people being the elected represantive. HOuse of common
can modified the exessiting law and can make the national policy. This house can change,
repeal all law this house can make new law. This house has all powers about legislation.
b) Finicial Power : The house of common the have greate power for about finical. This finical
power started according to the Act of 1911. In this bill all power about finance deal according to
this house.
c) Adminitor Power : This house also enjoy adiminster power. There have the right of transfer
to adminstative person because this real Government is from this house.
d) Delicated Legislation : This is also a greate funcation of delicated legislation. Parliament of
UK is supreme institution all other departments are infaior in this repect. So house of common
delecated these legislation to other autonomic bodies.
->Privileges of House of Common:
a) Freedom of speech: It is the right of reprezantive of this house that there is a freedom of the
house in matter of depate. After proper discusstion this house maintain public policy. It is a
right are spealy discuss clearly and express.So there is right of speach in this house.
b) Right to Regulate : This house has right to regulate there own constitution. They can
exculude are expele there number as the time of necceary.
c) Exclusion : The house has also the right to exclued the stranger from this house.
d) Right to prohabit Publication : This house has also the right of prohabit publication of its
won debates.
e) Freedom of Arest : Freedom from arest in civil case for a period of 40 days before and after
the section of parliament but this rule cannot apply own criminal case.
Composition of the House of Lords:
The members of House of Lords fall into six distinguish categories:
1. Hereditary peers: About nine-tenth of the members belong to this category-peerage is
granted by the crown and he may create as many peers as he like. The majority of the people
become peer, because they per chance happened to be the eldest Grandsons of an ancestor,
who was first created a Peer.
2. Representative peers of Scotland: They are 16 in number and are elected by Scottish peer in
accordance with the provisions of Treaty of union 1707.
3. Representative peers of Ireland: When Ireland was united with England the Irish peers were
entitled to elect 128 members but since 1922 when Ireland was declared a free state no new
peer have been created.
4. Lords of Appeal: They are 9 in number, two are arch Bishops of Yoke and Canterbury and 24
are Senior Bishops of the Church of England.
5. Princes Of the Royal Blood: Male adult members of the royal family who have attained
maturity & within specified degree of relationship r appointed as members of House of Lords.
6. Life peers: These members are created under the provisions of the life peerage act 1958.
They are the persons who have held high offices in the state and have since retired e.g.
ministers, speakers etc.
Following privileges are available to the House Of Lords:
1. Freedom of speech: The lords can express their views freely and without any pressure.
2. Free access to the sovereign: Every member of house of lords can access to the sovereign to
discuss public affairs.
3. Right to determine its own composition: The lords have right to determine its own
compositions.
4. Right to publish opinion: The lords can publish their opinion official papers.
5. Freedom from arrest: No member can be arrested when parliament is in session.
6. Right to receive writs of summons: They have the right to receive individuals writs of
summons to attend Parliament.
7. Trial of impeachment cases: They have the right to try impeachment case brought by the
House of commons
Power and function of House of Lords:
Following are the powers of House of Lords.
1. Legislative powers: After the passing of Parliament Act 1911, the legislative powers of the
House of Lords may be discussed under the following heads.
a. As regard money bills: As regard control over financial bill the House of Lords is practically
ineffective. All the money bills introduce in the house of commons and if the house of lords
withholds their assent to it for more than a month , it would be presented to the king & would
become law on receiving the royal assent despite the fact at the lords did not concur with it.
b. As regard non-money bills: Non-money bills may be introduced in the House of Lords. A non-
money bill passed by the House of Commons in two successive sessions with an interval of at
least of one year between its one reading in the first and second reading in the second sessions,
it will become a law after having received the royal assent irrespective of its having been
rejected by the lords. So in legislative e sphere, House of Lords has lost much of its significance.
2. Judicial Powers: The House of Lords had three fold jurisdiction or powers in this regard.
I. It has original power to try peers in case they are involved in any treason or felony against
national interest. II. It is also authorized to hear impeachments; sent to it by the House of
Common but now this jurisdiction has lost all its importance due to the acceptance on
ministerial responsibility. lll. It also acts as the highest Court of appeal in U.K.
Q.4. explain the powers and functions of prime minister of uk / England / British
There are seven important functions of the Prime Minister of India these are :
1. Formation of Ministry,
2. Distribution of Portfolios,
3. Chairman of the Cabinet Committee,
4. Chief Co-ordinator of Policies,
5. Sole Adviser to the President,
6. Leader of the Nation,
7. Position of the Prime Minister.
1) Formation of the Ministry: The Prime Minister forms the Ministry. With the appointment of
the Prime Minister, the essential task of the President is over, for it is left to the Prime Minister
to select his Ministers and present a list to the President. The President has no other alternative
but to appoint the Ministers as recommended by the Prime Minister.
2) Distribution of Portfolios: Distribution of portfolios is another important task of the Prime
Minister. He has a free hand in assigning various departments to his colleagues. It is for him to
determine the size of the Cabinet and the Ministers to be included in it. He may even select
ministers outside the rank if he feels that a person is fit for a job. While distributing portfolios
he is to look that important members of the party do get important portfolios. In a federal State
like India be is to see that Ministers are selected from all parts of the country.
3) Chairman of the Cabinet Committee: The Prime Minister is the Chairman of the Cabinet
committee. He convenes and presides over all the meetings of the Cabinet. He is to fix the
agenda of such meetings. The Ministers are individually responsible to him for the good
administration of their respective departments. The Prime Minister may warn advice or
encourage them in discharge of their functions. He is the head of the Council of Ministers. He
acts as the Chairman of various standing and ad-hoc Committees of the Cabinet.
4) Chief Co-ordinator of Policies: The Prime Minister is the chief co-ordinator of the policies of
several Departments. In case of conflicts between two departments, he acts as the mediator.
He irons out quarrels among various Ministers and departments. He keeps an eye on the
working of all Departments of the Government of India. He can ask for any file from any
Ministry for his perusal.
In case of appointment of Governors and other high federal officers, the voice of the Prime
Minister counts and not that of the other Ministers. He is always vigilant regarding the working
of the important departments like the Finance, the Foreign Affairs and Home. He also keeps
close touch with foreign ambassadors and represents the Union Government at the
Conferences of Heads of Foreign Governments.
5) Sole Adviser to the President: The Prime Minister is the sole adviser to the President. The
right to advice for dissolution of the Lokasabha rests with Prime Minister. The President is
expected to accept the advice of the Prime Minister and not that of other Ministers.
The Prime Minister is the only channel of communication between the President and the
Cabinet. He informs the President all the decisions taken in the Cabinet. If the President does
not accept the advice of the Prime Minister, the Prime Minister may resign. The resignation of
the Prime minister will create difficulty for the President to find out an alternative Ministry.
6) Leader of the Nation: The Prime Minister is the leader of the nation. He is the chief
spokesman of the Governmental policies in the Parliament. All important policy
announcements are made by him in the Parliament. He is the leader of the majority party and
as such he usually becomes the leader of the House.
The British convention is that the Prime Minister should belong to the House of Commons. Such
a convention is expected to develop in India whereby the Prime Minister will belong to the
Lokasabha which is the popular House in India.
7) Position of the Prime Minister: The Constitution of India, as already pointed out, does not
describe the office of the Prime Minister in detail. It is, therefore, difficult to State what is the
exact position of the Prime Minister. The general accepted theory is that the Prime Minister is
just like "primus inter pares" or "first among equals". This is the phrase, which is used to
describe the office of the Prime Minister ship in a parliamentary system.

Q.5.conventions and it’s importance and kinds

Introduction : Conventions are not made, rather they just come into existence and no
punishment is given for violating these. However, inspite of that these are obeyed like laws and
sometimes they are given more respect than to the laws.Being an unwritten, most of the part
of British constitution is based on conventions.
Meaning and definitions: Conventions are those unwritten rules of political conduct which have
got the approval of the people and have become part and parcel of political constitution.
Though no punishment is given on the violation of conventions, yet the people obey these
because of their utility.
1.Acc to ANSON, “ Conventions are the customs of the constitution.”
2.Acc to J.S. MILL, “Conventions are unwritten maxim of the constitution.”
Characteristics of conventions :
1. Accidental growth of the Conventions 2. conventions are unwritten
3. Conventions are uncertain 4. No specific method to change the conventions
5. Courts do not recognise the conventions 6. No punishment for breaking Conventions
Kinds of conventions:
1.CONVENTIONS RELATED TO CABINET :
a) The leader of the cabinet, the Prime-minister is taken from the House of commons.
b) All the member of the cabinet are the members of Parliament.
c) Cabinet remains in the office till it retains the confidence of majority in the House of
Parliament. d) Collective responsibility of the cabinet before parliament.
E) The cabinet functions on the basis of the principle of political homogeneity.
F) In emergency, different parties together constitute National Government.
2. CONVENTIONS RALATED TO PARLIAMENT :
a) Session of Parliament will be convened once a year.
b) Bi-cameral legislature in England is the product of Convention.
c) When House of Lords meets as the highest court, only ‘Lords’ take part in the meeting
d) Session of the Parliament begins with the speech from the throne.
E) To become an act, a bill has to pass through three stages separately in the both the houses.
F) It is obligatory for the government to get approval of Parliament for its policies
G) Opposition gets representation in proportion to strength in the committees of the House.
3. CONVENTIONS RELATED TO DOMINIONS:
a) Membership of Commonwealth is voluntary. b) A bill passed by British Parliament is not
applicable to the Commonwealth countries. c) British Parliament can Legislate on the matters
related to the commonwealth countries only on their request d) While making a law related
to any Dominion, king holds consultations with the ministers of Dominion concerned. e) In
case any change is made in the law relating to the succession to the throne in England, the
approval of the Parliament of England and of the Parliament of Dominions will be necessary.
IMPORTANCE OF CONVENTIONS
• Conventions have changed unlimited Monarchy into limited Monarchy. • Make the
constitution Dynamic • Main source of the constitution • Conventions give workable
shape to the constitution. • Establishment the supremacy of the House of commons
• Make the administration democratic. • Provide efficiency to Administration.
Q.6. explain the role or functions of UK parliament
Parliament is made up of three central elements: the House of Commons, the House of Lords
and the Monarchy. The main business of Parliament takes place in the two Houses. Generally
the decisions made in one House have to be approved by the other.
The main functions of the UK Parliament are to:
 Check and challenge the work of the Government (scrutiny)
 Check and approve Government spending (budget/taxes)
 Debate the important issues of the day (debating)
 Make and change laws (legislation)

1. Check and challenge the work of the Government (scrutiny): The principal methods are
questioning government ministers, debating and the investigative work of committees. The
government can publicly respond to explain and justify policies and decisions.
a)Debates : Debates in the Commons provide an opportunity for MPs to look at the creation
and amendment of laws as well as national and international issues and can be on any subject.
Votes are often taken to see whether a majority of Members either support or reject any
discussed laws or proposals.
b) Committees :Committees of smaller groups of MPs and/or Lords look at specific policy issues
or legislation in detail. Different committees have different roles ranging from offering advice,
to producing reports or altering legislation.
The House of Commons has departmental select committees. These were established to
'shadow' government departments and scrutinise the spending, administration and policy of
each department.
2.Check and approve Government spending (budget/taxes) : Parliament looks closely at the
Government's tax and spending plans on our behalf and tries to make sure that public money is
being spent fairly and efficiently. The Government cannot raise new taxes or spend public
money without Parliament's agreement. But how is financial scrutiny done in practice by
Parliament.
3. Debate the important issues of the day (debating) : Debates are designed to assist MPs and
Lords to reach an informed decision on a subject. Votes are often held to conclude a debate,
which may involve then passing or rejecting a proposed new law (legislation) or simply
registering their opinion on a subject. All debates are recorded in a publication called 'Hansard'
which is available online or in print.
4. Make and change laws (legislation) : A central role of Parliament is to make new laws as well
as making changes to existing legislation

Q.7.Explain the features of Us/USA constitution

Constitution of the United States of America, the fundamental law of the U.S. federal system of
government and a landmark document of the Western world. The oldest written national
constitution in use, the Constitution defines the principal organs of government and their
jurisdictions and the basic rights of citizens.
Features of us constitution
1.American Constitution is Written: the American constitution is written in form. It is a brief
document consisting of only 7 Articles and 27 Amendments. Indeed it was a skeleton
constitution since the framers of the constitution left the details to be filled in by the Acts of the
Congress. It has been adequately clothed with conventions, customs, judicial decisions and
legislative measures.
2. Federal Character: The American constitution is federal in character. America was originally a
federation of 13 States but due to admission of new states, it is now a federation of 50 States. A
constitutional division of powers has been made between the centre and the federating units.
The constitution enumerates the powers of the centre and leaves the residuary powers to be
exercised by the federating states. 3. Rigidity: American constitution is probably the most rigid
constitution in the world. It can be amended by a very lengthy and difficult process. Because of
the complicated nature of the amendment procedure, sometimes it takes years before an
amendment becomes operative after it has been proposed. Every amendment, which can be
moved in two different ways, must be ratified by 3/4th of the states. 4. Presidential System
:The constitution provides for the presidential type of government in the U.S.A. All powers are
vested in the President. He is elected for a fixed period or 4 years and cannot be removed
before the expiry or his tenure. Though the constitution provides indirect election of the
President but in practice his election has become direct. The President is not politically
responsible to the Congress. He has nothing to do with the Congress. The member of his
Cabinet are neither members of the Congress nor answerable to it.
5. Supremacy of the Constitution : Supermacy of the constitution means the supreme law of
the land. Neither the centre nor the states can override it. A law or an executive order
repugnant to the constitution can be declared unconstitutional and invalid by; the Supreme
Courts.
6. Separation of Powers: The U.S constitution is based on the doctrine or "Separation or
Powers. Although the three wings of administration, viz the executive the legislative and the
judiciary-are inter-dependent 'and cannot be separate entirely in the interests of good
government yet an attempt has been made in the American constitution to separate them as
much as possible. The Congress is the legislative organ. The President is the executive who is
elected directly by the people and has nothing to do with the Congress. He enjoys a fixed
tenure of 4 years and is not a member of the Congress and cannot be removed by the vote of
no confidence before the expiry of his term of office.
7. System of Checks &Balances: Recognizing the importance of close cooperation among three
organs of the government, the Fathers of the constitution introduced -Checks and Balances".
The powers of one organ were so devised as to exercise a check upon the powers of others.
8. Judicial Review: The constitution provides for the Judicial Review, of the legislative
enactment. The federal judiciary can declare any legislation or executive action null and void if
the same is found to be inconsistent with the provisions of the constitution. The Judiciary thus
acts as the guardian and custodian of the constitution and fundamental rights of the citizens.
The Supreme Court has so interpreted the constitution that it has adapted it to the changing
needs of society. It has enlarged the power of the Congress.
9. Republicanism & U.S Constitution : The U.S.A. is a republic with the President as the elected
head of the State. The constitution derives its authority from the people. Moreover, the const
makes it binding upon every constituent state to have the republican form of govet.
10.Dual Citizenship : The U.S. constitution provides for dual citizenship for the people of the
United States. An American is the citizen of the U.S.A. and also of the state wherein he or she is
domiciled. It is in contrast with the idea of single citizenship as incorporated in the constitution
of Pakistan where every citizen irrespective of domicile is the citizen of Pakistan alone.
11. Spoil System: This is an interesting feature of the American political system. The system is
associated with the name of President, Andrew Jackson. According to this system, when a new
President takes over the charge of administration, appoints afresh all-important officials of
federal government. The entire administration of the previous President is streamlined. The
system is known as "Spoil System- because important jobs are, distributed among, the
henchmen of the President or his Party without taking into accountability; .experiences or
talent of the men appointed.
Q.8.Explain the powers and functions of president of US/USA Constitution
The framers of the Constitution were especially concerned with limiting the power of
government and securing the liberty of citizens. The doctrine of legislative, executive, and
judicial separation of powers, the checks and balances of each branch against the others, and
the explicit guarantees of individual liberty were all designed to strike a balance between
authority and liberty—the central purpose of American constitutional law.
1. Executive power: In politics, a person or persons constituting the branch of government
charged with executing or carrying out the laws and appointing officials, formulating and
instituting foreign policy, and providing diplomatic representation. In the U.S., a system of
checks and balances keeps the power of the executive more or less equal to that of the
judiciary and the legislature. See also mayor, president, prime minister.
A . As a chief Administration: He is the Chief Executive and as such it is his duty to see that the
laws and the treaties are enforced throughout country.
B. As commander in chief : He is the Commander-in-Chief of the US-armed forces as such he is
responsible for the defence of his country. He appoints military-officers with the consent of the
Senate and can remove them at will. He can send American forces to any part of the world.
C. As Exponent of Foreign Relations : The President has control of foreign relations, which he
conducts with the assistance of the Secretary of State. He appoints all Ambassadors and other
Diplomats. He negotiates treaties with foreign powers. But such treaties must be ratified by a
2/3rd majority of the Senate. //// D. Appointment : He has the power to make all important
appointments but all such appointments are to be approved by the Senate. As a matter of
usage, the, Senate does not interfere in the appointments of the Secretaries, Ambassadors, and
other diplomats. But the appointments of Judges of the Supreme Court must be scrutinized
thoroughly by the Senate In the appointments of federal officers in various states of the U.S.A.
the convention called “Senatorial Courtesy" has come into existence. /// E. Power of Removal
:
2. Legislative Powers
The constitution of the USA is based upon the theory of the Separation of Powers. The
executive and the legislative branches of the government are made independent of each other.
So in strict theory, Congress legislates and the President executes. In practice, however, the
President has become a very important legislator. His legislative powers are as follows:
A. Veto power : He can influence Congress by the use of his "Veto". All Bills passed by Congress
are presented to the President for assent. The President may refuse to sign a Bill and send it
back to the House in which it originated within 10 days of the receipt of the Bill. Congress can
override a veto by passing the Bill again: The only condition is that the Bill must be passed by a
2/31-d majority in each House. So the veto of the President is only suspensive one. But
sometimes it becomes difficult to secure a 2/3"d majority in each House.
B. Messages : The President is required by the constitution to send messages to Congress giving
it information regarding the, state0, of the Union. Sometimes these messages contain concrete
proposals: for legislation. The Congress cannot easily ignore such legislative proposals as they
come from a very high authority. /// C. Spicial Sessions : The President can call special sessions
of Congress. It is true that he cannot compel Congress to accept his legislative
recommendations. But, if he is backed by a strong and solid public opinion, he can easily
achieve his object.
D. Patronage : The President has powerful weapons of patronage in his hands to influence
Congress. Members of Congress want jobs for their relatives, friends and supporters. The
President is in a position to oblige them in this matter. He makes bargains with members to
seek their support for legislative measures on which he has set his heart.
E. Appeal to public Opinion /// F.Informal Conferences : In recent times, the President of
America have used the device of taking Congressional leaders into confidence by holding
personal conferences with them. By this method, the President is able to secure their support
for his legislative measures. //// 3.Financial Power: In theory, it is Congress, .which controls
the public purse. In practice, the budget is prepared under the guidance and supervision of the
President. Of course, Congress is at liberty to change the badge proposals, but generally it
seldom does it.
4.Judicial Power: The President has the power to grant pardon and reprieve to all offenders
against federal laws, except those who have been impeached or those who have offended
against the State (country). He also appoints the Judges of Supreme Court, no doubt on the
consent of Senate.

Q.9. Explain the Powers & Functions of Prime minister (PM) in French Constitution
Powers of the French Prime Minister:
The powers and functions of the Prime Minister of France have been mentioned in Articles 19,
21 and 22 of the Constitution. Article 19 declares: “With the exception of the acts of the
President under Article 8 (para 1), 11, 12, 16, 18, 54, 56 and 61, all other acts of the President
are countersigned by the Prime Minister and where necessary by the appropriate ministers.”
Article 21 broadly defines the functions of the Prime Minister as under:
(a) He is, in general, in-charge of the work of the Government.
(b) He directs the operation of the Government.
(c) He is responsible for national defence.
(d) He ensures the execution of laws.
(e) He exercises the rule-making power and makes appointments to civil and military posts
subject to the exception of Article 13. (Powers of the President).
(f) He can delegate some of his powers to the ministers.
(g) At times, he deputizes for the President of the Republic as the chairman of the Council and
Committees.
(h) Under normal circumstances, the President of the French Republic presides over the
meetings of the Council of Ministers. However under exceptional circumstances, the Prime
Minister can deputise for the President as the chairman of the Council of Ministers. This can be
possible by virtue of a specific delegation of authority and for a specific agenda.
Article 22 declares: “The acts of the Prime Minister are countersigned, where necessary, by the
Ministers responsible for their execution.” Under Article 8 of the Constitution, the President
appoints and dismisses other members of the Government on the recommendation of the
Prime Minister. In this way, we can say, the Prime Minister is central to the organisation and
functioning of the Government of France. It is the Prime Minister of France who has been given
legislative initiative in the Parliament. It has been dearly stated in Article 39 of the Constitution.
After deliberations in the Council of Ministers, the Prime Minister can pledge the responsibility
of the Government before the National Assembly (Article 49). It has further been laid down,
“The Prime Minister may, after deliberations in the Council of Ministers, pledge the
responsibility of the Government before the National Assembly on the passing of all or part of a
bill or a motion. In this case, the bill or part of the bill or motion is regarded as having been
passed unless a censure motion, moved within the following 24 hours, is passed in the
conditions provided for.” The Prime Minister is also entitled to seek the approval of the Senate
for a general statement of policy.
When the National Assembly of the Parliament passes a motion of censure or rejects the
government’s programme or a general statement of governmental policy, it is the Prime
Minister who submits the resignation of the Government to the President of the Republic.
Q.10.Composition and powers and functions of USA congress.
THE SENATE OF THE UNITED STATES OF AMERICA  COMPOSITION:
Two senators from each State elected by popular vote within said state (i.e. 100 senators).
The President of the Senate is the Vice-President of the United States, but he or she may vote
only in case of a tie vote. In practice, the Vice-President does not often preside over sessions of
the Senate.
Presiding Officers : The Senate elects a President pro tempore who, by tradition, is the Senator
of the majority party who has served continuously in the Senate for the longest period of time.
When the President pro tempore is not presiding over the Senate, other Senators of the
majority party serve as the Presiding Officer. //// CRITERIA FOR ELIGIBILITY: * 30 years of
age citizen of the United States for at least nine years; resident of the State from which he or
she was elected. * Incompatibilities: Holding of any civil office under the authority of the
United States * The Senate, like the House of Representatives, is the sole judge of the election
and qualification of its members.

POWERS AND FUNCTION OF SENATE: ///// A) LEGISLATIVE POWER

1) The right to propose legislation : Senators have the same authority as Representatives to
propose legislation, with two exceptions. The Constitution states that all revenue bills must
originate in the House of Representatives. The House of Representatives traditionally has
insisted thar this constitutional provision also requires that appropriation bills originate in the
House.
2) Right of amendment: Senators may amend all bills, including revenue and appropriation
bills. Furthermore, Senators usually may propose amendments in plenary sessions that are
unrelated to the subject of the bill that the Senate is considering. This right enables Senators to
initiate revenue and appropriation proposals, even though these proposals are presented as
amendments to bills that the House ef Representatives already has passed.
3) Legislative procedure : a) The Senate, like the House of Representatives, has the
constitutional authority to establish its own rules of procedure. There are only a few
constitutional requirements that govern how the Senate conducts its business. The legislative
procedures of the Senate are distinctive in two respects. First, as noted immediately above,
Senators usually may offer amendments on any subject in plenary sessions, without regard to
the subject of the bill that the Senate is debating.
b) The presidential vetoes: If the President vetoes a bill that both houses of Congress have
approved in precisely the same form, Congress may enact the bill into law by a two-thirds vote
of the Senate and a two-thirds vote of the House. The chamber in which the bill originated has
the first opportunity to vote on whether to override the President's veto of that bill.

B) SUPERVISORY POWERS:
1) Impeachment : The Senate tries all cases in which the House of Representatives has
impeached an official of the Federal Government for the purpose of removing that official from
office. To convict an impeached official requires the vote of two-thirds of the Senators present
and voting. When the President has been impeached, the Chiefs Justice of the United States
presides over the trial in the Senate. 2) International treaties: The Senate has the exclusive
constitutional power, by a two-thirds majority of the Senators present and voting, to authorize
the President to ratify a treaty that has been negociated on behalf of the United States. If
legislation is required to implement a treaty that the President has ratified after receiving the
advice and consent of the Senate, both houses of Congress must approve that legislation. 3)
Nominations: The Senate also has the exclusive constitutional power to confirm, by simple
majority vote, the nomination of persons whom the President has nominated to high executive
and judicial positions, including cabinet secretaries, ambassadors, and federal judges. The
House of Representatives is not involved in the confirmation of nominations.
4) Investigations: The Senate, like the House of Representatives, may establish special
investigative committees. In addition, the standing committees of the Senate are authorized to
conduct investigations of matters within their respective jurisdictions. Standing and special
investigative committees have the authority to issue subpoenas that require a person to appear
before the committee and, if necessary, to produce documents.
THE U.S.A HOUSE OF REPRESENTATIVES :
 COMPOSITION While the Senate represents the states, on the federal principle of equality,
the House of Representative represents the US citizens on national principle based on
population. The total strength of the House of Representatives is 438. The number of
representatives for each state is fixed by the Congress in proportion to its population. The
constitution of the USA says that no representative shall represent less than 30,000 citizens and
each state must send at least one representative. Its term of office is 2 years and it cannot be
dissolved earlier. It meets at regular intervals though special sessions can be convened by the
President any time.
The House meets every year on third of January and remains in session until its member vote to
adjourn. Both the House also adjourns simultaneously. In case of disagreement the President's
decision is final.
 Qualifications A candidate to become member of the U.S House of Representatives must
possess the following qualifications: 1. He must be at least 25 years of age. 2. The Must
have been a resident of the USA for at least 7 years. 3. He must be a resident of the state
from which he' wants to contest election. 4. He must riot hold any office of profit under the
government of US. 5. He must not be unsound mind, criminal or offender.
 Privileges As on January 2010 members of the U.S House of Representatives gets an annual
salary or $223,500. Source: They are free from arrest except for treason and break of peace
(also violation of the Constitution) during the sessions of the House and while going and retiring
from House. They also enjoy freedom of speech on the floor of the House.
 POWERS AND FUNCTION OF U.S.A HOUSE OF REPRESANATIVES:
1.Legislative Powers: As compared to the Senate, the House of Representatives has less
authority. It enjoys equal and coordinate authority with the Senate in legislative and financial
spheres. Ordinarily, bill can originate in either House but money bills can only be originated in
the House of Representatives. But this privilege of the House is not of much significance
because the Senate can amend or reject both ordinary and money bills. In case of
disagreement, the decision is either taken through mutual give and take policy or by a
Conference Committee consisting of 3 to 9 members from each House is constituted to resolve
the deadlock. If it fails the bill is considered as killed.
2.Executive Powers : The American Executive is of 'residential type. So the President and
members of his Cabinet are, not responsible to the House of Representatives. Nor has the
House been given any power to endorse appointments and treaties made by the President. It is
only the Senate, which has the power to approve appointments and ratify treaties. The House
can, however, control indirectly the executive by its control over public money. Moreover it
shares with the Senate d power to declare war.
3.Judicial Powers : It has the exclusive right to initiate impeachment of the President, Vice-
President and other high-ranking officers of USA
4.Miscellaneous Functions: 1. The House has the absolute right to, elect the President of the
USA from among the first three candidates if none of them is able to secure an absolute
majority of votes in the presidential election. 2. It shares with the Senate the power to propose
amendments to the constitution. 3. The House shares with the Senate the power to declare
war.
Q.11. Explain the Powers & Functions of President in French Constitution
The French president performs all those functions, which are usually performed by a
constitutional head of a State. He appoints the Prime Minister and terminates his functions
when the latter presents his resignation of government. He performs all ceremonial functions.
He presides over the meetings of the Council of Ministers, National Defence Council, Higher
Council of Judiciary, and the Executive Council: of the Community. He is also the supreme
commander of the armed: forces. His power to preside over the meetings of the Council of
Ministers provides him the direct opportunity to influence, guide, direct and control of the
policies of the government.

1.Executive Powers : The President appoints Prime Minister and the other members of the
government are appointed and dismissed by him on the advice of the Prime Minister. Unlike
the practice prevailing in other countries, it is not obligatory for the President to appoint leader
of the majority party as the Prime Minister. Membership of government and the office of Prime
Minister are incompatible with the membership of the Parliament. The President appoints only
that person as Prime Minister who he believes can enjoy the confidence of the National
Assembly.
2.Legislative Powers : Under Articles-10, 11, 12 and 13, the President of the Republic has been
vested the legislative powers has the power to convene or prorogue sessions of the Parliament.
He has also the right to address the Parliament on his discretion and to express his opinion
rather than that of the government. He can send messages to the Parliament. After the final
passage of the law by the Parliament, it is presented to the government. The President
promulgates the law within the 15 days following its submission to the government. If he is not
satisfied with the law, he can return it to the Parliament for reconsideration. The President
cannot refuse reconsideration of the bill.
The President can dissolve the National Assembly (at any time. on any issue and for any reason)
after consulting the Prime Minister and the Presidents of both the Houses. The constitution
however lays two limitations;
1. No dissolution can take place during the year following these elections; and
2. National Assembly- cannot be dissolved during national emergency.
3. Judicial Powers : The President has the power to grant pardon, reprieve and amnesty to
offenders. He is the protector of the independence of judicial authority He is assisted by the
Higher Council of Judiciary. This council is presided over by the President. Its 9 members are
appointed by him.
4.Emergency Powers : The President has been given special powers for dealing with national
emergencies. Article-16 of the constitution states the scope of this power. After consulting
officially the Prime Minister, the Presidents of the assemblies and the Constitutional Council, he
can take suitable measures when there exists a series and immediate threat to
1. The institutions of the Republic.
2. The independence of the nation and
3. The integrity of its international obligations and the regular functioning of the constitutional
public authorities have been interrupted.
During emergency, the President assumes almost dictatorial powers.
5. Financial Powers : The annual budget is prepared by the Finance. Minister but under the
policy directives of the President and puts it before the Parliament for approval. If Parliament
fails to approve it within 70 days, the Government may implement it through ordinance. Such
ordinance will be signed by the French President.
Q.12. Explain the features of French constitution
In 1958, France witnessed a grave and very critical situation. On June 1st 1958, the Fourth
Republic came to an end. The National Assembly handed over its law-making power to Gen. De
Gaulle and adjourned. Constitution making was one of the functions that had been assigned to
De Gaulle's Government by the French Parliament. A small cabinet committee was formed to
draft a constitution, which it prepared within two months. The draft was considered by a
Consultative Committee consisting of 39 members. The committee approved the text of the
new constitution. It was submitted to the people for their approval at a referendum held on
September 29th 1958, which was ratified by an overwhelming majority and became operative
with effect from October 4th, 1958 and that was the end of 4th Republic and beginning of, 5th
Republic. Following are the main features of French constitution of 1958
1. A Written Constitution : The Constitution of the Fifth Republic is a written document,
consisting of 92 Article's divided into 15 titles and extended to some 15 printed pages. As a
document, it is not a well written. It is as one French writer Rene Capital says, “The worst
drafted text in our constitutional history”. It is so partly because it was drafted in a hurry under
conditions of national emergency and also because it was drafted under Gen. de Gaulle's
inspiration, who had no clear notion of good government except that it must be strong and
authoritarian.
2. A Rigid Document : The French Constitution is rigid in nature as it follows extraordinary
methods for amendment. Under Article-89 two methods are adopted. One, the President can
put the amendment proposal to both the Houses of the Parliament. If the 'Parliament passes it
by 2/5th or 315th majority it becomes law. Second, the President of the Republic on the
proposal of Prime Minister can put amendment before the Parliament or deputies themselves
can introduce any bill of amendment.
3.Mixture of Parliamentary and Presidential System : The French constitution combines the
elements of both the Parliamentary and Presidential systems. The Council of Ministers is
responsible to the National Assembly. The Assembly may question the responsibility of
government by a motion of censure. When the National Assembly adopts a motion of censure
or when it disapproves the programme or a declaration of general policy of the government,
the premier must submit the resignation of the government to the President.
4.Basic Democratic Principles : The basic democratic principles have been incorporated in the
constitution. Article-2 states that France is a Republic, Indivisible, secular, democratic and
social. It shall secure the equality of all citizens before law without any distinction of origin, race
and religion. It shall respect all beliefs. The motto of the Republic is "Liberty, Equality and
Fraternity". National Sovereignty belongs to the people. Sufferage is universal, equal and secret.
Political Parties and groups are guaranteed freedom to carry on their activities.
5.Limited Powers of Parliament : New constitution provides for a Parliament with a limited
powers. Parliament can legislate on matters enumerated in the constitution. The government
can make laws on all: other matters by simple decree. Article-37 states, "Matters, other than
those that fall within the domain of law shall be of regulating character". It means that
Parliament is not a supreme law-making authority. Its legislative competence is restricted. The
constitution itself has endowed the executive with legislative powers.
6.Constitutional Council : The constitution provides for: Constitutional Council. It consists of 9
members, who are appointed for the non-renewable term of 9 Nears. Three of them are
appointed by President of the Republic, 3 by the President of the National Assembly and 3 by
the President of the Senate. Its main functions are to ensure the regularity of election of
President of the Republic and to examine the validity of organic laws before their promulgation.
It also settles the disputes between the legislature and the executive.
Q.14. composition and powers and functions of parliament of India
*Rajya Sabha: Functions and Position of the Rajya Sabha! The Rajya Sabha, i.e., the Council
of States, is the Upper House of the Union Parliament. It gives representation to the States of
the Indian. However, the states do not enjoy an equal representation in the Rajya Sabha. These
have been given representations on the basis of the size of their populations.
1.Composition of the Rajya Sabha :
The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to be the
representatives of the States and remaining 12 members are to be nominated by the President
from amongst persons who have achieved distinctions in the fields of art, literature, science or
social services. At present, the Rajya Sabha has 245 members 233 elected and 12 nominated.
Members of each State Legislative Assembly, together elect their allotted number of MPs for
Rajya Sabha. The President nominates 12 MPs of Rajya Sabha. Odisha has 10 seats in the Rajya
House.
2.Qualifications for the membership of Rajya Sabha:
(a) He must be a citizen of India. (b) He must be above the age of 30 years. (c) He
must possess all other qualifications as laid down by the Parliament. (d) He must not hold
any office of profit under any government. (e) He should not be an insane or a bankrupt.
(f) He should not have been disqualified under any law of the Parliament.
3.Tenure:
The Rajya Sabha is a quasi-permanent House. It is not subject to dissolution as a whole. One
third of its members retire after every two years and elections are held only for the vacant
seats. The tenure of each member of the Rajya Sabha is six years.
Powers and Functions of the Rajya Sabha:
1. Legislative Powers: In the sphere of ordinary law-making the Rajya Sabha enjoys equal
powers with the Lokasabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot
become a law unless passed by it. In case of a deadlock between the two Houses of Parliament
over an ordinary bill and if it remains unresolved for six months, the President can convene a
joint sitting of the two Houses for resolving the deadlock.
2. Financial Powers: In the financial sphere, the Rajya Sabha is a weak House. A money bill
cannot be introduced in the Rajya Sabha. It can be initiated only in the Lokasabha. A money bill
passed by the Lokasabha comes before the Rajya Sabha for its consideration. However, if within
a period of 14 days, the Rajya Sabha fails to pass the bill, the bill is taken to have been passed
by the Parliament irrespective of the fact whether the Rajya Sabha has passed it or not. If the
Rajya Sabha proposes some amendments and the bill is returned to the Lokasabha, it depends
upon the Lokasabha to accept or reject the proposed amendments.
3. Executive Powers: “The Union Council of Ministers is collectively responsible before the
Lokasabha and not the Rajya Sabha.” Lokasabha alone can cause the fall of the Council of
Ministers by passing a vote of no-confidence.
4. Amendment Powers: Rajya Sabha and Lokasabha can together amend the constitution by
passing an amendment bill with 2/3 majority in each House.
5. Judicial Powers:
(a) The Rajya Sabha acting along with the Lokasabha can impeach the President on charges of
violation of the Constitution.
(b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the
Supreme Court or of any High Court.
(c) The charges against the Vice-President can be leveled only in the Rajya Sabha.
(d) The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney
General of India, Comptroller and Auditor General and Chief Election Commissioner.

*Lokasabha: Functions and Position of the Lokasabha!

The House of the People is popularly known as the Lokasabha. It is the lower and powerful
house of the Union Parliament. It represents the people of India. It is directly elected by all the
people. It is fully democratic, representative and national House.
1.Composition:
The present membership of the Lokasabha is 545, out of these 523 are elected by the people of
all Indian States and 20 by the people of the Union Territories. The President nominates two
members of the Anglo-Indian Community to the Lokasabha. The maximum membership of the
Lokasabha stands fixed at 552 till the year 2010. Odisha has 21 seats in Lokasabha, out of which
some seats stand reserved for SCs and STs.

2.Qualifications for Membership of the Lokasabha:

(1) He must be a citizen of India. (2) He must not be less than 25 years of age. (3) He must
not hold any office of profit in the Government. (4) He should not have an unsound mind or
be a bankrupt. (5) He should not be a declared offender of a grave crime by any court. (6)
He should possess all such qualifications prescribed by the Parliament.
3.Tenure:
The normal term of the Lokasabha is five years. This term can be extended for one year during
an emergency. But fresh elections to the Lokasabha must be held within six months of the end
of emergency. Further, the President can dissolve the Lokasabha at any time when the Prime
Minister may advise him to do so or when no party may be in a position to form a government.
In this case also a new Lokasabha has to be essentially elected within six months.
Powers and Functions of the Lokasabha:
1. Legislative Powers:
An ordinary bill can become law only after it has been passed by both the Houses of Parliament.
It can be introduced either in the Lokasabha or the Rajya Sabha. When a bill is introduced and
passed by the Lokasabha, it is sent to the Rajya Sabha. After it has secured the approval of Rajya
Sabha, it goes to the President for his signature.
2. Executive Powers:
(i) Rejects any policy or decision of the Cabinet,
(ii) Or disapproves the budget or a bill of the government, or
(iii) Passes a vote of no- confidence against the Prime Minister, it is. Taken to be a vote of no-
confidence against the entire Council of Ministers and it resigns en masse.
3. Financial Powers:
The Lokasabha has vast financial powers. A money bill can be introduced only in the
Lokasabha. After having been passed by it, the money bill goes to the Rajya Sabha. Such a bill
can be delayed by the Rajya Sabha for a maximum period of 14 days.
If the Rajya Sabha fails to pass a money bill and 14 days elapse from the date of the submission
of the bill to it, the money bill is deemed to have been passed by both the houses of
Parliament. It is sent to the President for his signature.
4. Judicial Powers:
The Lokasabha also performs some judicial functions. The impeachment proceedings can be
taken up against the President either in the Lokasabha or the Rajya Sabha. The President can be
removed from office only when an impeachment resolution is adopted by each of the two
Houses with a 2/3 majority of its members.
5. Electoral Functions:
The Lokasabha also performs some electoral functions. The elected members of the Lokasabha
take part in the election of the President. Members of the Lokasabha and the Rajya Sabha
together elect the Vice-President of India. The members of the Lokasabha also elect a Speaker
and a Deputy Speaker from amongst themselves.
Q.15. Powers and Functions of President in India
The President of India is the Head of State. The system of government of India is a cabinet form
of government. The Indian President is, therefore, a constitutional head like the King or Queen
of Britain—that is, all executive powers are constitutionally vested in him, although those are
actually exercised and executed by the cabinet. In India the powers of the Union government
are treated as the powers of the President because these powers are used in his name in
pursuance of the constitutional stipulation under Article 53 which reads: The executive powers
of the Union shall be vested in the President and shall be exercised by him either directly or
through the officers subordinate to him in accordance with this Constitution.
The constitutional powers and functions of the President of India may be classified into six
principal types.

1.Executive Functions
a. Head of the Union: The President is at the head of the Union Executive. Consequently, all
executive powers are exercised in his name. The executive power of the Union to be exercised
by the President is extended to the matters with respect to which Parliament has power to
make laws and to conclude treaty and agreement.
b. Appointments: As head of the executive, the President appoints the Governors of States, the
Judges of the Supreme Court and the High Courts, the Auditor General of India and many other
high officials, such as the members of Finance Commission, Election commission, Union Public
commission etc..

c. Appointment of the Prime Minister and other Ministers: The President also appoints the
Prime Minister and with his advice the other Ministers of the Union Council of Ministers. But
here too, as in all other appointments, the President can seldom use his discretion. He is,
ordinarily, duty-bound to summon the leader of the political party which secures an absolute
majority in the Lokasabha to become the Prime Minister and form the Ministry.
d. Supreme Commander: As head of State, the President is the supreme Commander of the
Armed Forces of India and is entitled to declare war or conclude a treaty.

2. Legislative Powers and Functions

a. President is a part of Parliament: The Union Legislature or Parliament consists of the
President and two Houses of Parliament. The President is, therefore, an integral part of Union
Legislature. He shall summon from time to time, either separately or jointly, the Houses of
Parliament. The President can prorogue the Houses or either House of Parliament and, if
necessary, can dissolve the lower Chamber of Parliament, the Lokasabha.

b. Summons and Addresses Parliament: The President may address either or both House of
Parliament. In such address, at the first session after general election to the Lokasabha and at
beginning of a joint session of Parliament each year, he may place the reasons for summoning
it. Apart from addressing Parliament, the President may also, in case of necessities, send
messages to either House, or to both Houses [Article 86(2)]. Normally, the President does not
send such a message, unless however, he has a serious disagreement with the Council of
Ministers.
c. Nomination: The President nominates a number of members in both Houses. The chief
purpose of the nomination is to ensure adequate representation in Parliament of all sections of
population which many not always be achieved through elections.
d.Power in respect of Bills: The President has certain functions in respect of passing of a Bill. A
bill passed by both the Houses of Parliament requires his assent in order to become an Act. He
may give his assent to a bill or can withhold assent when a bill, after getting approved in both
the Houses, is placed before the President. But, if Parliament, acting on President’s refusal to
assent to a bill, passes it again with or without amendment, for the second time and presents it
to the President for his approval, the President shall not withhold his assent there from under
Article 111. In other words, it becomes obligatory upon him to give his assent

e. Bill passed by a State Legislature: A bill passed by a State Legislature may also be reserved
for the consideration of the President by the Governor of that State. The President enjoys this
right in relation to a bill passed by a State Legislature only in such cases where those are
referred to him by the Government of a State under Article 200.

3.Financial Powers and Functions : The President of India also exercises financial powers. No
money bill can be introduced in Parliament without the recommendations of the President.
According to the Constitution of India, the Annual Financial Statement is placed by the
President before both the Houses of Parliament. This statement shows the estimates of
revenue and expenditure of the central Government for the next year. It may be pointed out
that the proposal for taxation and expenditure cannot be made without the approval of the
President. . No proposal for spending money or raising revenues for purposes of government
can be introduced in Parliament without previous permission of the President.

4.Diplomatic powers : All international treaties and agreements are negotiated and concluded
on behalf of the President. However, in practice, such negotiations are usually carried out by
the Prime Minister along with his Cabinet (especially the Foreign). Also, such treaties are
subject to the approval of the Parliament. The President represents India in international
forums and affairs where such a function is chiefly ceremonial. The President may also send and
receive diplomats, i.e. the officers from the Indian Foreign Service. The President is the first
citizen of the country.
5. Military powers : The President is the Supreme Commander of the Indian Armed Forces. The
President can declare war or conclude peace,[20] on the advice of the Union Council of
Ministers headed by the Prime Minister. All important treaties and contracts are made in the
President's name.[25] He also appoints the chiefs of the service branches of the armed forces.

6.Pardoning Powers / Judicial Powers : The President of India grants, pardons, reprieves or
remissions of punishment to any person who has been convicted by a Court of Law. As
mentioned in Article 72 of the Indian Constitution, the President is empowered with the powers
to grant pardons in the following situations:
1.Punishment is for an offence against Union Law
2. Punishment is by a Military Court
3. Sentence is that of death
The decisions involving pardoning and other rights by the President are independent of the
opinion of the Prime Minister or the Lokasabha majority. In most cases, however, the President
exercises his executive powers on the advice of the Prime Minister and the cabinet.
7. Emergency Powers of the President
a. The constitution of India empowers the President to proclaim three kinds of Emergencies:
National Emergency (Art. 352);
b. Emergency for failure of Constitutional Machinery in a State (Art. 356);
c. Financial Emergency (Art. 360)