Indian President

1. He is only a figurehead. The real executive power is vested in the Prime Minister.

2. He appoints Prime Minister, leader of the majority. Only the advice of the Prime Minister, he appoints other ministers. In appointing the Ministers, he has been no choice, discretion.

3. He is bound to follow the advice of the cabinet.

4. The Cabinet makes the laws. The assent of the President is necessary. If he does not lie any bill, he may refuse to sign it, and send it for the reconsideration. After reconsideration, if the Bill is again pre-sented for the assent of the President, he has been no right to withhold his assent.

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5. He has been no vote power.

6. He can dissolve the Loka Sabha only the advice of the Cabinet.

7. The term is 5 years.

8. Immunity: No criminal cases can be instituted against the President. Civil proceedings can be instituted against President, after giving a statutory notice u/s 80 of Civil Procedure Code. There is no immunity to civil proceedings.

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9. He is elected by indirect election by a special process known as “Electoral College”.

10. Our President represents Parliamentary Democracy.

11. He is not too strong not too weak. A balanced position is given to him.

12. The President of India possesses the equal characteristics of the King of Britain.

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13. If the Bill is defeated, the Council of Ministers should resign.

14. No Spoils system: in India there is no such system. Our President has been no power to appoint Administartive services of his choice. There is a separate of “Union Public Service” to appoint the Administrative Officers.

15. A person may be re-elected for many times.

American President

1. He is real head of the executive.

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2. The members of the cabinet are nominated by the President. Then they are called secretaries, not Ministers.

3. He is not bound to follow the advice of the cabinet. The President is Boss and Secretaries are his subordinates.

4. Doctrine of Separation of Powers strictly applied in America. The President is not a member of legislature. It is the duty of the Congress to make the laws.

5. He has been veto power.

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6. He cannot dissolve Legislature.

7. The term is four years.

8. Immunity: there is no such immunity to American President, either civil or criminal proceedings. E.g. Water Gate case against Nixon, Monica’s case against Bill Clinton, etc.

9. As a principle he is elected only direct election basis. But practically, he is elected by direct elections.

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10. American President represents Presidential Democracy.

11. He is very strong.

12. The President of America combines in himself the functions of the King and the Prime Minister of England.

13. If the Bill is defeated, neither the President nor the Congress should resign.

14. Spoils system: the American President can appoint 20% of the Administrative services of his own choice.

15. A person cannot function for more than two terms.