The Constitutional position of the President
- President
- Nominal head of the government
- Real head - Council of ministers.
- Article 52
- Head of the Indian State
- First citizen of India
- Article 53
- Executive power of the Union shall be vested in the President (All executive actions of the government are taken in his name)
- Article 77
- All executive functions are executed in the name of President.
Ambedkar – President is head of the State but not of the Executive. He represents the nation, but does not rule the nation. He is the symbol of the nation.
Why has the president said to be a mere Rubber stamp?
- Article 74
- Exercise his functions at the aid and advice of the Council of Ministers with the Prime Minister at the head.
- 42nd Amendment Act
- Obligatory for the President to act only on the advice of the Council of Ministers.
- 44th Amendment Act
- Did not completely reverse the provisions made in 42nd Amendment Act
- Allowed President to send back for reconsideration only once.
If the President tries to act against the wishes of ministers, it is said to be a constitutional crisis. President may get impeached for “violation of the constitution”.
- Legislative powers
- Can summon, prorogue, dissolve, call joint sitting but on aid and advise of Council of Ministers.
- Cannot reject a bill without advice of Council of Ministers
- Suspensive Veto - Can send back of reconsideration only once
- Bound to give assent in case of Money bill and constitutional amendment bill.
- Promulgation of ordinance - Aid and advise of Council of Ministers.
- Judicial powers
- Pardoning power - aid and advice of Council of Ministers.
- Appointment of judge - through collegium.
Why the President cannot be considered as merely a ‘Rubber stamp’ ?
- Acts as a symbol of unity, integrity and solidarity of the nation; Often regarded as the conscience keeper of the nation.
- Parliamentary form- The Constitution does not envisage the office of President to play active role in day to day governance. Would create conflict of power between President and PM.
- Enjoys situational discretionary powers -
- Appointment of Prime Minister when no clear majority in Lok Sabha.
- Dismissal of Council of Ministers when unable to prove majority
- Dissolution of LS when Council of Ministers lost majority.
- Can ask for information about anything related to the Union Government. PM duty-bound to furnish such information (Article 78).
- Sending back advise of Council of Ministers for reconsideration (Article 74)
- Passing of bill using Suspensive veto and Pocket veto.
- Ultimate person responsible for upholding the rule of law, as the head of state, and must ensure that no major violations happen.
- If the PM indulges in corruption or extreme situations
- a citizen can approach the President
- President can proceed against the PM under the Prevention of Corruption Act.
- Non-interference in routine governance
- Preserves dignity of office.
- Ability to play non-partisan role in national politics