While during National Emergency the President has significant powers, they are not unlimited and subject to judicial review.

The Supreme Court has held (in Kesavananda Bharati case and later judgments) that even emergency powers are subject to constitutional limitations and the basic structure cannot be destroyed.

The 97th Amendment (2011) inserted Article 19(1)(c) granting citizens the right to form and conduct cooperative societies.

This elevated the status of cooperative societies by making the right to form them a Fundamental Right.

Part IXB was added to provide for cooperative societies as constitutional bodies with representation provisions.

The 44th Amendment (1978), passed after the Emergency ended, restored several rights and modified earlier changes made by the 42nd Amendment.

It: (1) restored the right to property as a constitutional right; (2) made the right to life more explicit; (3) amended Article 21 regarding arrest and detention; (4) restored some parliamentary supremacy.

The 42nd Amendment had reduced fundamental rights and expanded DPSP, while 44th Amendment partially reversed these changes.

Article 131 grants the Supreme Court original jurisdiction in disputes between Union and states or between states.

Article 32 provides original jurisdiction for enforcing constitutional rights.

Article 138 extends original jurisdiction to matters of public importance involving interpretation of the Constitution.

The Supreme Court's original jurisdiction is limited and mainly covers federal disputes and constitutional matters, not general civil/criminal cases.

The President cannot directly dismiss the Prime Minister.

Article 75(5) provides that the PM holds office during the pleasure of the President, but this is a formal provision.

Practically, the PM must command confidence of Lok Sabha majority (Article 75).

If the PM loses this confidence, they resign or face a no-confidence motion.

The President cannot arbitrarily dismiss the PM—this is a fundamental principle of parliamentary democracy.

The President acts on advice of the Council of Ministers (Article 74).

Article 368(3) requires that amendments affecting the division of powers between Union and states, and amendments altering the provisions regarding representation of states in Parliament, must be ratified by at least half of the state legislatures in addition to parliamentary approval.

This protects federalism.

For example, amendments to Article 1 (territory of India) and Articles 245-255 (distribution of legislative powers) require state ratification.

Article 72 grants the President power to pardon, reprieve, respite, and remit sentences in three categories: (1) offences against Union law, (2) sentences imposed by court-martial, and (3) sentences of death.

However, the President can only exercise this on the advice of the Council of Ministers.

The President cannot pardon offences against state laws or grant pardon in impeachment cases.

The power applies to cases where conviction is under Union law specifically.

Article 37 states that nothing in the DPSP shall be enforceable by any court, while Article 13 makes laws violating Fundamental Rights void.

However, the Supreme Court has evolved the doctrine of 'harmonious construction,' attempting to balance both.

In landmark cases like Kesavananda Bharati (1973), the Court established that Fundamental Rights cannot be completely overridden, but DPSP can limit their scope.

Each case is examined individually for constitutional validity.

Article 72 grants the President the power to grant pardons, reprieves, respites, and remissions.

However, the article specifically provides that this power 'shall not extend to the punishment prescribed for an offense by the law of, or made by authority under, a law of, a State.' More importantly, Article 72(1)(c) states that the power shall not extend to cases where the punishment is by way of impeachment by Parliament.

The President exercises this power on the advice of the Cabinet/Prime Minister.

The 42nd Amendment (1976) significantly modified the Preamble, added Article 39A, and amended Article 368.

However, Article 21 was NOT directly modified by the 42nd Amendment.

The expansion of Article 21 to include right to life with dignity came through judicial interpretation, particularly in later judgments like Maneka Gandhi v.

Union of India (1978).