<Tr> <Td> President's prime duty is to prevent unconstitutional decisions of union and state governments and Parliament or state assemblies by denying his compulsory assent for making them into applicable laws . He is 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 confining to other ceremonial duties only . </Td> <Td> 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 . </Td> </Tr> <Tr> <Td> President has constitutional immunity for his unconstitutional, mala fides activities during their tenure but liable for judicial action / punishment for his unconstitutional activity after the term of presidency . However per Article 361 (1), President is answerable to a court designated by either house of Parliament with two - thirds majority for the investigation of a charge against him under article 61 . </Td> <Td> Chief justice / Judges of 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 However, Judges verdict can be repealed by a higher level bench of other judges . </Td> </Tr> <Tr> <Td> President cannot be recalled by the people of India for not fulfilling his constitutional duties in case Parliament is not impeaching the President or removed by the Supreme Court . </Td> <Td> Chief justice / Judge of Supreme Court also cannot be recalled by the people of India in case Parliament is not impeaching the judges . </Td> </Tr> <Table> President versus Prime minister <Tr> <Th> President </Th> <Th> Prime minister / Union cabinet </Th> </Tr> <Tr> <Td> The duties of President under his oath is to protect, defend and preserve the constitution and the law </Td> <Td> 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) </Td> </Tr> <Tr> <Td> Oath is taken in the presence of the Chief Justice </Td> <Td> In the presence of the President </Td> </Tr> <Tr> <Td> 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 </Td> <Td> Elected indirectly by the Lok Sabha members and secret ballot is not mandatory . </Td> </Tr> <Tr> <Td> Impeachment by Parliament with majority of not less than two - thirds of the total membership of each House of the Parliament for violation of the Constitution as per Article 61 </Td> <Td> Steps down upon losing majority support in Lok Sabha . </Td> </Tr> <Tr> <Td> President can be removed by the Supreme Court per Article 71 (1) for committing electoral malpractices and upon ceasing to possess the requisite qualifications to be president </Td> <Td> Similar to Prime minister and ministers also . </Td> </Tr> <Tr> <Td> An individual heads the autonomous institution of President </Td> <Td> Union cabinet with Prime minister as its chief is collectively responsible . </Td> </Tr> <Tr> <Td> President being head of Parliament, Executive and supreme commander of armed forces is fully empowered by the constitution to fulfil his judicial responsibility . He can also take the expert advise of Attorney General and also Chief Justice in performing his 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 </Td> <Td> Rest of the governance of the union and reporting to the President on all important matters . Being leader of the majority / ruling party in the Parliament, union cabinet takes lead in law making by the parliament needed for policy finalisation on various aspects, annual budgets finalisation, planning and implementation, etc . </Td> </Tr> <Tr> <Td> President's prime function is to prevent unconstitutional decisions of union and state governments and parliament or state assemblies by denying his compulsory assent / government orders (GO) for making them in to applicable laws . He is the foremost defender of the constitution who can pre-empt the unconstitutional activities of executive and legislatures . </Td> <Td> Prime minister / union cabinet shall aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice as long as not unconstitutional . 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 Article 78 . </Td> </Tr> <Tr> <Td> President has constitutional immunity for his unconstitutional, mala fides activities during their tenure but liable for judicial action / punishment for his unconstitutional activity after the term of presidency </Td> <Td> 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 Article 74 (2). </Td> </Tr> <Tr> <Td> President cannot escape from his constitutional duty by citing constitutional amendment to Article 74 (para 2 of 1) which makes him to abide by the union cabinet 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 #Court cases for more clarity </Td> <Td> The union cabinet may escape from the punishment or responsibility for implementing unconstitutional laws citing Article 74 (2). </Td> </Tr> <Tr> <Td> President cannot be recalled by the people of India for not fulfilling his constitutional duties in case parliament is not impeaching the President or removed by the Supreme Court or resigns on his own on moral grounds </Td> <Td> Prime minister / union cabinet cannot be recalled by the people of India till the end of his term in case he is not losing majority support in Lok Shaba or resigns on his own on moral grounds . </Td> </Tr> </Table>

Who cannot be removed by the president