What is constitutional position of President of India?
Q. Which of the following is/are true regarding constitutional position of President of India?
1) The President has no situational discretion when it comes to dissolution of Lok Sabha, if the council of ministers has lost its majority.
2) President can ask the council of ministers to reconsider the advice only once.
3) Appointment of the PM when no party has a majority comes under situational discretion of the President.- Published on 28 Feb 17a. 3
b. 1, 2
c. 2, 3
d. 1, 3
ANSWER: 2, 3
- In Parliamentary form of government provided by the Constitution of India the President has been made only a nominal executive.
- The real executive being the council of ministers headed by the prime minister.
- The President has to exercise his powers and functions with the aid and advice of the council of ministers headed by the prime minister.
Dr. B. R. Ambedkar noted the following -
1. Under the presidential system of America, the President is the Chief head of the Executive and administration is vested in him.
2. Under the Indian Constitution, the President occupies the same position as the King under the English Constitution.
3. He is the head of the State but not of the Executive.
4. He represents the nation but does not rule the nation.
5. He is the symbol of the nation.
6. His place in administration is that of a ceremonial device or a seal by which the nation’s decisions are made known.
7. He is generally bound by the advice of his ministers.
8. He can do nothing contrary to their advice nor can he do anything without their advice.
- Provisions of Articles 53, 74 and 75 help in understanding the Constitutional position of the President.
- Article 53 - The executive power of the Union shall be vested in President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
- Article 74 - There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
- Article 75 - The council of ministers shall be collectively responsible to the Lok Sabha.
- This provision is the basis of the parliamentary form of government.
- The 42nd Constitutional Amendment Act of 1976 bound the President to act by the advice of the council of ministers headed by the prime minister.
- But the 44th Constitutional Amendment Act of 1978 gave the President right to ask the council of ministers to reconsider such advice either generally or otherwise.
- But, he ‘shall’ act in accordance with the advice tendered after such reconsideration.
- Thus, the President may return a matter once for reconsideration of his ministers, but the reconsidered advice shall be binding on the President.
- The President has no constitutional discretion.
But, he has some situational discretion i.e., the President can act without the advice of the ministers under the following scenarios -
(a) Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.
(b) Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
(c) Dissolution of the Lok Sabha if the council of ministers has lost its majority.
