Editing President of India (section)

== President vs Prime minister ==

{| class="wikitable"
|+President of India versus Prime Minister of India
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! President !! [[Prime Minister of India|Prime minister]] / Union cabinet
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| The duties of President under their oath is to protect, defend and preserve the constitution and the law || Swears allegiance to the Constitution of India as by law established, swears to uphold the sovereignty and integrity of India and swears to do right to all manner of people without fear or favour, affection or ill-will (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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|Elected in an extensive manner indirectly by the members of Lok Sabha, Rajya Sabha, and state legislative assemblies in a secret ballot conducted by the [[Election Commission of India|Election Commission]] || Elected on the basis of majority of their political party or coalition in the [[Lok Sabha]], through direct elections.
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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]]|| Steps down upon losing majority support in Lok Sabha.
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| President can be removed by the supreme court 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|| Similar to the prime minister and ministers also.
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| An individual heads the autonomous institution of President  || Union cabinet with Prime minister as its chief is collectively responsible.
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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 the 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 || Rest of the governance of the union and reporting to the president on all important matters. Being the leader of the majority/ ruling party in the parliament, the union cabinet takes lead in lawmaking by the parliament needed for policy finalisation on various aspects, annual budgets finalisation, planning and implementation, etc.
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| President's prime function is to prevent unconstitutional decisions of union and state governments and parliament or state assemblies by denying their compulsory assent/government orders (GO) 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. ||Prime minister/Union cabinet shall aid and advise the president who shall, in the exercise of their functions, act in accordance with such advice as long as not unconstitutional. The prime minister shall communicate to the president all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation and on President's desire submit related information. No minister shall decide on any matter without the council of ministers/ union cabinet approval per [[s:Constitution of India/Part V|Article 78]].
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| President has constitutional immunity for their unconstitutional, [[mala fides]] activities during their tenure but liable for judicial action/punishment for their unconstitutional activity after the term of presidency || The union cabinet has constitutional immunity from legal proceedings in any court for their mala fide and unconstitutional advice tendered by union ministers to the president per [[s:Constitution of India/Part V|Article 74 (2)]].
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| President cannot escape from their constitutional duty by citing constitutional amendment to Article 74 (para 2 of 1) which makes him abide by the Union cabinet's advice after sending for reconsideration. As clarified by the supreme court, the object of Article 74 (2) is only to make the question whether the president had followed the advice of the union cabinet or acted contrary thereto, non-justiciable. Refer page [[Article 74 (Constitution of India)#Court Cases|Article 74#Court cases]] for more clarity|| The union cabinet may escape from the punishment or responsibility for implementing unconstitutional laws citing Article 74 (2).
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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 or resigns on their own on moral grounds|| Prime minister/ union cabinet cannot be recalled by the people of India till the end of their term in case they lose majority support in Lok Sabha or resigns on their own on moral grounds.
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