• Dr.V

UNDERSTANDING THE CONSTITUTIONAL POSITION OF THE PRESIDENT WITH 10 ESSENTIAL QUESTIONS.


1. India is a Republic. What does it mean?

It means that head of the Indian state is Elected by the ppl unlike Britain= Hereditary.

2. Elected by the Ppl. How ?

  • ART.54. Indirectly by Electoral clge = Elected mems of LS + LAS of Sts + UTs.

Value of vote of an MLA = total population of st. / total elected members in LA ×1000

Value of vote of an MP= total value of votes of all MLAs of all sts / total elected members of parliament

  • ART 56 : FOR 5yrs.

  • ART 57 : eligible for re-election.

3. Am I qualified to be POI? Let us see.

35 YRS; Citizen of India;eligible for lok sabha ; no office of profit.

4. Can he be removed ? Yes. For "Violation of Constitution". By special Majority of Parliament ART.61.

5. Nature of the Powers of President?

  • Titular, Ceremonial Head. Real power resides with PM + CM and their COMs.

  • " The President is the formal or constitutional head of the executive. The real executive powers are vested in the Ministers of the Cabinet. There is a Council of Ministers with the Prime Minister as the head to aid and advise the President in the exercise of his functions."Samsher v. State of Punjab, AIR 1974 SC 2192.

  • What had Constituent assembly said?

Ambedkar in Constituent Assembly: He represents the Nation but does not rule the Nation. He can do nothing contrary to their(COM) advice; nor can he do anything without their advice.

Nehru in C.A. : it was not intended to make the President of India a mere figurehead.

TRIVIA : The parliamentary democracy connotes vesting of real power of governance in the Prime Minister and Council of his Ministers who are very often drawn from the majority party in Parliament.

Confusing huh?

  • All executive power of the Union is vested in him. ART.52. Awesome!

  • BUT; Under Art. 53(1), executive powers vested in the President are to be exercised by him either directly or through officers subordinate to him.

So directly means that he can exercise by himself? BIG NO. Says Supreme court of India in U.N.R. Rao v. Indira Gandhi, AIR 1971 SC 1002, 1005 : (1971) 2 SCC 63.

Directly means that = he should act on advice of one minister/COM*.

Official = as per Rules of Business framed under Art. 77(3).

6. WHAT IS THIS - COUNCIL OF MINISTERS* (COM):? It runs the government at the national level.

  • WHY? Coz. DOCTRINE OF CONSTITUTIONAL IMPLICATIONS -

"Although the executive power of the President is apparently expressed in unlimited terms, an implied limitation has been placed on his power on the ground that he is a formal or constitutional head of the executive and that the real executive power vests.............

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