The President holds a special place in the Indian political system. In
contrast to the United States, where the President serves as both the head of
state and government, the President of India primarily serves as a ceremonial
head of state, with the Prime Minister leading the Council of Ministers, which
holds the actual executive authority. This does not, however, lessen the
significance of the President's position. In times of political instability or
crisis, the President's actions are crucial to preserving the balance of the
constitution.
The historical context of the office of the President in India traces back to
the framing of the Indian Constitution. The Constituent Assembly, tasked with
drafting the Constitution, deliberated extensively on the role and powers of the
President. Influenced by the British model of parliamentary democracy where the
monarch is a ceremonial head and the Irish model where the President plays a
more active role the framers of the Indian Constitution envisaged a President
who would act on the advice of the Council of Ministers while retaining certain
discretionary powers.
Dr. B.R. Ambedkar, the principal architect of the Indian Constitution emphasized
that the President should be a constitutional head bound by the advice of the
ministers. Yet, the President was also provided with the authority to act
independently in certain situations, such as appointing the Prime Minister when
no party has a clear majority or returning a bill for reconsideration by the
Parliament. Over the years the role of the President has evolved and reflects
the changing dynamics of Indian politics.
While the President's powers are largely symbolic the office holds immense
significance as a custodian of the Constitution. The President's duty is to
ensure that all actions taken by the government are in accordance with
constitutional principles thereby acting as a vital check against potential
excesses by the executive.
Constitutional Position of the President
India's parliamentary democracy is based on the British system, in which elected
representatives of the people hold actual executive authority and the head of
state (the president in India, the monarch in the UK) mostly serves as a
ceremonial figure. The Prime Minister-led Council of Minister's recommendations
must be followed by the Indian President, who is vested with constitutional
authority over the executive branch. Article 74 of the Constitution enshrines
the idea of acting on ministerial advice. Despite being bound by this advice,
the President's role in a parliamentary democracy is crucial.
The President ensures that the government operates within the limits set by the
Constitution and that the democratic process is upheld. In moments of political
crisis, such as the dissolution of Parliament or the imposition of President's
Rule in a state, the President's decisions guided by constitutional provisions
can be decisive.
The Indian Constitution outlines the powers, duties and responsibilities of the
President in Articles 52 to 78. Article 52 states that there shall be a
President of India, establishing the office as a fundamental part of the
constitutional structure. Article 53 specifies that the executive power of the
Union shall be vested in the President, who may exercise it directly or through
officers subordinate to him in accordance with the Constitution.
Article 54 and 55 detail the process for the election of the President, which is
conducted through an electoral college consisting of elected members of both
Houses of Parliament and the Legislative Assemblies of the States. The
President's term of office is prescribed in Article 56, which sets it at five
years, though the President can be re-elected.
Article 61 provides the procedure for the impeachment of the President in case
of violation of the Constitution. This underscores the accountability of the
office, ensuring that the President acts within the constitutional limits.
Article 74, as mentioned earlier, requires the President to act on the advice of
the Council of Ministers, while Article 78 outlines the duties of the Prime
Minister in keeping the President informed about the affairs of the Union.
Powers and Functions of the President:
The President of India, as the head of state, holds a significant position
within the country's constitutional framework. While the President's role is
often seen as ceremonial, the office is vested with various powers and functions
that are crucial to the functioning of the government. These powers can be
broadly categorized into executive, legislative, judicial, military, and
diplomatic powers. Each of these areas highlights the President's
responsibilities and the extent to which the office can influence the governance
of the country.
- Executive Powers
The official head of the government's executive branch is the President of
India. This means that the President is involved in a number of significant
issues even if the Prime Minister and the Council of Ministers manage the
day-to-day operations of the government. One of the most critical executive
powers of the President is the appointment of the Prime Minister as outlined
in Article 75.
The President appoints the Prime Minister, who is usually the leader of the
majority party in the Lok Sabha (the lower house of Parliament). In cases
where no party has a clear majority, the President exercises discretion in
appointing the Prime Minister, often choosing the leader who is most likely
to command the support of the majority of the members of the Lok Sabha.
Apart from the Prime Minister, the President appoints other important
officials, such as members of the Attorney General of India (Article 76),
the Comptroller and Auditor General (Article 148), the Governors of States
(Article 155) and members of various commissions, including the Election
Commission (Article 324) on the Prime Minister's recommendation. The
President's responsibility to guarantee that the executive branch is
properly staffed and operating is emphasized by these appointments.
Additionally, the President directly oversees the management of Union
Territories. Union Territories are directly governed by the federal
government, in contrast to states, which are governed by independently
elected legislatures. The Lieutenant Governors or Administrators of these
territories, are appointed by the President (Article 239).
- Legislative Powers
The President of India is an integral part of the legislative process even
though the primary law-making body is Parliament. The President's
legislative powers, outlined in Indian Constitution ensures that the
constitutional framework is adhered to in the enactment of laws.
Article 85 grants the President the power to summon and prorogue the sessions
of Parliament. This means that the President decides the timing of the sessions
and ensures that Parliament meets regularly to discuss and pass laws. One of the
most significant legislative powers of the President is the ability to
promulgate ordinances under Article 123. When Parliament is not in session and
there is an urgent need for legislation, the President can issue ordinances
which have the same effect as laws passed by Parliament.
However, these ordinances must be approved by Parliament within six weeks of its
reassembly and failing which they cease to operate. This power allows the
executive to respond to urgent situations without waiting for Parliament to.
According to Article 111, a bill is transmitted to the President for
ratification after passing both chambers of Parliament. The President may either
sign the measure into law, if it is not a money bill, return it to Parliament
for further consideration.
The President must ratify the measure if it is enacted by Parliament once more,
amended or not. By requiring the President to participate in the finalization of
laws, this procedure serves as a constitutional check on the legislative
process.
Military Powers
The President of India is the Supreme Commander of the Armed Forces, a position
that symbolizes the civilian control of the military and underscores the
importance of the President in matters of national defense.
The President, in his capacity as the position created by Article 53, is able to
declare war and reach peace agreements but only with the consent of Parliament.
The President plays a critical role in making high-level strategic choices, even
though the Ministry of Defense is responsible for overseeing the daily
activities and management of the armed forces. The government's recommendations
are used by the President to select the leaders of the Army, Navy and Air Force.
Conclusion
The President of India, as the highest constitutional authority embodies the
sovereignty of the nation and ensures that the democratic framework operates
within the boundaries set by the Constitution. Although the President's role is
largely ceremonial the office holds immense importance in upholding the
principles of democracy and acting as a custodian of the Constitution. The
President's powers span executive, legislative military and other domains, each
of which plays a crucial role in maintaining the balance of power in the
government.
Written By: Vageesha Kumre, Advocate, Delhi High Court
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