The Union & State Executive — President and Governor — KSLU Constitutional Law 2 Notes

The Union & State Executive — President and Governor

The President (Union) and Governor (State) are the nominal/constitutional heads; real executive power rests with the Council of Ministers.

Article 74(1): the President “shall, in the exercise of his functions, act in accordance with” the advice of the Council of Ministers (binding since the 42nd/44th Amendments, with one round of return permitted).

In Simple Terms: the President and Governor normally act on ministerial advice; their genuine personal discretion is narrow — chiefly choosing a PM/CM in a hung house, and a few reserve situations. The Governor’s discretionary role (Art. 163) and central appointment make that office the more contested.

Cases: Shamsher Singh v. State of Punjab (1974) — the President/Governor is a constitutional head bound by advice; U.N.R. Rao v. Indira Gandhi (1971) — there must always be a Council of Ministers, even after dissolution; Nabam Rebia v. Deputy Speaker (2016) — limits on the Governor’s discretion.