Editing President of India (section)

== President vs Chief Justice ==

{| class="wikitable"
|+ President versus Chief Justice of India
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! President !! [[Chief Justice of India]] / judiciary
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| The duties of President under their oath is to protect, defend and preserve the constitution and the law || Similar to president to uphold the constitution and the laws (Third Schedule of the constitution)<ref name="const" />
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| The oath is taken in the presence of the chief justice ||The oath is taken in the presence of the president
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| Impeachment by parliament with a majority of not less than two-thirds of the total membership of each house of the parliament for violation of the constitution as per [[s:Constitution of India/Part V|Article 61]]. || Removal from office by each house of the parliament supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting on the ground of proved misbehaviour or incapacity as per [[s:Constitution of India/Part V|Article 124(4)]]
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| President cannot directly be removed by the supreme court. However, the supreme court can declare the election of the president to be void and consequently remove the president from the post per [[s:Constitution of India/Part V|Article 71(1)]] for committing electoral malpractices and upon ceasing to possess the requisite qualifications to be president.|| President cannot remove judges once appointed by him without impeachment process per Article 124.
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| An individual heads the autonomous institution of President. || Judiciary/supreme court is also an autonomous institution represented by a team of supreme court judges with chief justice as its chief.
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| President being head of parliament, Executive and supreme commander of the armed forces, is fully empowered by the constitution to fulfil their judicial responsibility. They can also take the expert advice of the Attorney General and also chief justice in performing their judicial role. It is President's duty to ensure that every state's governance is carried on in accordance with the provisions of the constitution under Articles 355 and 356. || Chief justice/[[Supreme Court of India|supreme court]] is also empowered by the constitution to repeal the unconstitutional activities of parliament and executive only after a fair trial.
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| President's prime duty is to prevent unconstitutional decisions of union and state governments and parliament or state assemblies by denying their compulsory assent for making them into applicable laws. They are the foremost defender of the constitution who can pre-empt the unconstitutional activities of executive and legislatures. The other duties of President are just ceremonial as head of the country which are attached to him for being protector, defender and preserver of the constitution. The institution of President becomes redundant if the president is confined to other ceremonial duties only. || Can intervene or nullify the unlawful actions of union/state governments and unconstitutional laws enacted by the parliament or a state legislative after presidential assent only.
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| President has constitutional immunity for their unconstitutional, ''[[mala fides]]'' activities during their tenure but is liable for judicial action/punishment for their unconstitutional activity after the term of their presidency. However, per Article 361 (1), President is answerable to a court designated by either house of the parliament with a two-thirds majority for the investigation of a charge against him under article 61. || Chief justice/judges of the supreme court are also immune from punishment for not delivering correct judgements or for their incompetence and mala fides. However, Judges' verdict can be repealed by a higher level bench of other judges.
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| President cannot be recalled by the people of India for not fulfilling their constitutional duties in case parliament is not impeaching the president or removed by the supreme court. || Chief justice/judges of the supreme court also cannot be recalled by the people of India in case parliament is not impeaching the judges.
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