Union EXECUTIVE (PRESIDENT)

UNION EXECUTIVE (PRESIDENT) 

Introduction

1. Art 54 President is the head of union executive
2. President according to parliamentary form of govt
1. Nominal head
2. Uncertainty wrt tenure of govt, for continuity head of administration is required
3. To be above party politics

Nature of Institution in India

1. Differs from British monarch
2. British is monarchy and India is republic
1. Britain is unitary, India is federal
3. Not completely neutral in India since elected
1. Also representative of states at union level
4. President can be impeached, not monarch

Deviation from original constitution

1. Art 74
1. Before 42nd amendment, not mandatory for President to act on the aid and advice of CoM
2. Not binding for president to sign constitutional amendment bill
3. Inconsistency in art 361 and art 61
1. Art 61 suggests impeachment for violation of constitution
2. Art 361 suggests can't be inquired in any court of law
4. Art 60
1. Deals with oath of president
5. In India, president has power to send message to both houses of parliament, in parliamentary form he communicates through PM only

Consequences  of confusion

1. Disputes between 1st PM and President over Hindu Code Bill
2. SC in judgement in Shamsher Singh Case and Ram Jawaya case held that president and governor are mere constitutional heads
3. 24th amendment, 1971
1. Mandatory for president to give assent to CA bill
4. 42nd amendment 1976
1. Mandatory for president to act on advice of CoM
5. James Manor: Constituent assembly lacked the understanding wrt institution and left on time and expected healthy conventions
6. 42nd amendment act cleared convention
1. Cleared what is meant by impeachment for violation of constitution
2. SC: Parliamentary form is basic structure
7. 44th amendment
1. President can send advice back but only once
2. Constitutional experts: not desirable amendment
3. Done by non-congress party who were in favour of strong president

Actual position of President

1. R Venkataraman: He became president at time of start of coalition politics
1. Established healthy conventions to minimise scope of discretion
2. Called himself 'copy book president'
3. President in India is like an Emergency lamp which comes to power only when the main switch is off

Co-Habitation

1. Term used in French politics
2. Semi-presidential form of govt
3. When president and PM of different parties
4. In India, cohabitation is during presidential activism
5. James Manor: Many presidents in India have been activists. eg- Rajendra Prasad
6. Gyani Zailsingh; Criticised when he used pocket veto wrt postal code bill
7. President KR Narayanan: Most activist president
1. Rejected recommendation in case of 356 in UP
2. Gave interview on republic day instead of reading the speech provided
3. Read his own speech instead of given by MEA on visit of US president
8. APJ Abdul Kalam: populist President
1. Not expected from president to have high level of interaction with public, may result into alternative centre of power
9. Bagehot; two executive in Britain
1. Real
2. Dignified
3. Role of queen is to act as friend, philosopher and guide
10. Art 78: establishes fine balance, mentions duty of PM towards president.