The President’s powers are outlined in the Constitution of India, which serves as the supreme law of the land. This can be observed through various constitutional provisions that reveal significant insights into the emergence and functions of this esteemed office.
According to Article 53 of the Indian Constitution, the executive power of the Union shall vest in the President of India, who exercises it either directly or through officers subordinate to him, in accordance with the Constitution. The Article 75 of the Indian Constitution gives power to the President to appoint the Prime Minister and other ministers, who hold the office at his pleasure. Also as per Article 78, it’s the constitutional duty of the Prime Minister to inform the President about administrative affairs. Under Article 85 President can dissolve the Lok Sabha, and summon and prorogue sessions of Parliament. Additionally, under Article 123, the President has the authority to promulgate ordinances when Parliament is not in session. The President also has the power under Article 111, to assent to or withhold assent from bills passed by the Parliament. Moreover, under Article 72 the President has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any person. These powers are analogous to the authority of an elderly family member who holds decision-making power and can shape the course of family affairs.
However, like an old man in a family President’s powers are also not absolute and are subject to limitations. As per Article 74, the President’s powers are limited by the requirement to act on the aid and advice of the Council of Ministers with the Prime Minister at the head. The President’s discretionary power to dissolve the Lok Sabha is also limited as the President can dissolve the Lok Sabha only on the advice of the Prime Minister or when no party is able to form a government. The President’s power to promulgate ordinances is also subject to the limitation that such ordinances must be laid before both Houses of Parliament and will cease to operate if not approved by Parliament within a specified period. The pardoning power of the President is also not absolute. It’s exercised by the President on the advice of the Council of Ministers. Moreover, though the President can withhold his assent to a Bill or can return a Bill, other than a Money Bill, for reconsideration, if the Bill is passed again he cannot withhold his assent. Also, the President is bound to give assent when a Bill amending the Constitution is passed by each House with the requisite majority.
This is similar to the analogy of the old man in the family who may have authority but may not always be able to effectively do anything if the naughty-young members do not listen to him. A notable instance of this can be seen when President A.P.J. Abdul Kalam received the Parliament (Prevention of Disqualification) Amendment Bill,2006. The bill sought to exempt certain posts from being considered as “offices of profit” under the anti-defection law, was passed by both houses of Parliament and sent to the President for his assent. However, Dr. Kalam, after careful consideration, returned the bill for reconsideration, expressing his concerns that the bill could undermine the principle of separation of powers and compromise the integrity of the legislative process. The parliament passed the Bill a second time, but this time President gave his assent. According to the Constitution, the President is obligated to provide assent to a bill that has been passed twice, but there is no specific timeframe for when the assent must be given. This example also highlights how the President of India can play a crucial role in safeguarding the democratic principles and functioning of the government by exercising discretion in certain situations.
In conclusion, the role of the President of India is a unique blend of constitutional duties and limited discretionary powers. While the President is often likened to an old man in a family who has all the authority, their effectiveness in exercising those authority depends on the cooperation and compliance of the elected government. The President’s powers are largely exercised on the aid and advice of the Council of Ministers, and their discretionary powers are subject to checks and balances by other organs of the State, such as Parliament and the Judiciary. However, the President does have certain independent powers and functions and plays a significant role in times of political crises or hung parliaments. The President also serves as a symbol of national unity and represents India in international relations. Therefore, the role of the President of India can be seen as a delicate balance between constitutional duties and limited discretionary powers, with their effectiveness depending on the political context and the cooperation of the elected government. The analogy of the President being an old man in a family provides an interesting perspective on the complexities of the President’s role in the Indian political system, as it highlights the nuances of their powers and functions, and the interplay between constitutional provisions, political context, and practical realities.
