UPSC Polity Notes on President in Parliamentary System — Nominal Executive, Articles 53 74 75, Amendments and Discretionary Powers

The role of the President of India is central to the country's governance, yet it is consciously crafted as that of a nominal executive within the chosen parliamentary system. Understanding this delicate balance—where the President acts largely on the binding aid and advice of the Council of Ministers (CoM) as mandated by key Articles 74 and 75—is essential for students of Indian Polity. The evolution of this power, marked by the 42nd and 44th Amendments, and the rare moments of situational discretion offer crucial insights into the real workings of the Indian constitutional machinery.

The Indian President: A Nominal Executive and Their Role in the Parliamentary System

• The President embodies the constitutional head of state, symbolizing the nation while delegating the real executive authority to the elected Prime Minister and the Council of Ministers.

  India adopted the parliamentary form of government, modeled largely on the British system, where the political head is distinct from the ceremonial head, establishing a clear division of roles within the Union Executive.

  • (i) The Constitution of India deliberately positions the President as a nominal executive (or de jure head), meaning all executive actions are taken in their name, but the substance of governance is handled by others.
  • (ii) The President is legally required to exercise their powers strictly with the aid and advice of the Council of Ministers, cementing the supremacy of the politically accountable executive.
  • (iii) This structure ensures that political power remains with the leaders who command the confidence of the elected legislature, making the executive responsive to the people's will.

• The President's Role as Ceremonial Head According to Dr. B.R. Ambedkar

  The architect of the Constitution, Dr. B.R. Ambedkar, clearly articulated the limited nature of the Indian Presidency, explicitly contrasting it with the powerful American model.

  • Contrast Between Indian and American Presidency

    While the title 'President' is shared with the United States, the powers wielded are fundamentally different, aligning the Indian President with the British monarch as a constitutional figurehead.

    • (a) The Indian President is firmly positioned as the ceremonial head of the state—a dignitary who symbolizes the nation's integrity and unity but who does not possess the authority to govern or administer policy independently.
    • (b) Crucial Distinction: Unlike the US President, who acts as the actual executive and can dismiss department secretaries at will, the Indian President is bound by the ministerial advice, provided the Council of Ministers retains a majority in Parliament.
    • (c) The founding fathers intentionally chose this system to prevent the concentration of executive power and potential dictatorial tendencies, ensuring a responsible government accountable to the legislature.

• Constitutional Pillars of the Parliamentary Executive: Articles 53, 74, 75

  Three core constitutional articles formally establish the relationship between the President and the Council of Ministers, dictating the operation of the Union Executive.

  • Mandate of Executive Power and Binding Advice

    The constitutional text vests all executive authority in the President but simultaneously creates a mechanism that compels the President to delegate its exercise to the politically elected ministry.

    • (i) Article 53: States that the executive power of the Union shall be vested in the President, who may exercise it either directly or through officers subordinate to him. This is the source of all executive authority.
    • (ii) Article 74: This is the operative clause, mandating that there shall be a Council of Ministers, headed by the Prime Minister, to aid and advise the President, who must act in accordance with such advice. This converts the nominal head into a rubber-stamp authority.
    • (iii) Article 75: This provision secures the core principle of the parliamentary system by declaring that the Council of Ministers is collectively responsible to the Lok Sabha (the popular house of Parliament).

• Evolution Through Amendments: Binding Nature of Ministerial Advice

  The constitutional relationship between the President and the Council of Ministers was formally clarified and streamlined through two significant constitutional amendments.

  • The 42nd and 44th Constitutional Amendments

    These two amendments settled any ambiguity regarding the President's obligation to follow ministerial advice, cementing the pre-eminence of the cabinet system.

    • (i) 42nd Amendment Act (1976): This landmark amendment was decisive; it legally made the President bound by the advice tendered by the Council of Ministers led by the Prime Minister, removing any scope for presidential discretion in most matters.
    • (ii) 44th Amendment Act (1978): Acting as a partial counter-balance, this amendment permitted the President to return the advice for reconsideration only once. However, it stipulates that if the Council of Ministers sends the advice back (reconsidered or not), the President is compulsorily bound to accept it, maintaining the ultimate authority of the CoM.

• Situational Discretion: The President's Rare Independent Role

  While the President is generally bound by advice, the Constitution allows for a small, critical window of situational discretion in specific political crises where no single party holds a clear mandate.

  • Key Areas Where Presidential Judgment is Required

    These are moments where the political majority is uncertain, forcing the President, as a neutral head of state, to use their judgment to ensure the stability of the government.

    • (i) Appointment of a Prime Minister: When no single political party or pre-poll alliance secures a clear majority in the Lok Sabha, the President must use discretion to choose the person most likely to command a majority.
    • (ii) Dismissal of the Council of Ministers: If the Council of Ministers, upon being asked by the President, fails to prove its confidence (majority) on the floor of the Lok Sabha, the President is not bound by their advice and can dismiss them.
    • (iii) Dissolution of the Lok Sabha: The President may exercise discretion when the outgoing Council of Ministers, having lost the majority, advises the dissolution of the Lok Sabha to pave the way for fresh elections.

  • Historical Instances of Discretion in Action

    The President's power to return advice for reconsideration has been successfully exercised by Presidents to ensure that the cabinet's actions are well-considered and justified.

    • President K.R. Narayanan (1997 and 1998-1999): A landmark example was in October 1997 when the President returned the cabinet's recommendation to impose President’s Rule in Uttar Pradesh. The cabinet reconsidered and eventually did not send it back. Similarly, in September 1998, he returned the recommendation for President's Rule in Bihar, which was imposed only after the cabinet re-advised him.

• Important Constitutional Articles Related to the President at a Glance

  For students, consolidating the constitutional provisions related to the President’s role, powers, and duties is crucial for quick review and conceptual clarity across the entire constitutional structure.

  • Key Articles Defining the Indian Presidency:
    • (i) Article 52 — The President of India
    • (ii) Article 53 — Executive power of the Union
    • (iii) Article 74 — Council of Ministers to aid and advise the President
    • (iv) Article 75 — Provisions regarding ministers (including collective responsibility to Lok Sabha)
    • (v) Article 61 — Procedure for impeachment of the President
    • (vi) Article 72 — Power to grant pardons (Pardoning Power)
    • (vii) Article 123 — Power to promulgate ordinances (Legislative Power)
    • (viii) Article 143 — Power to consult Supreme Court (Judicial Power)

• Summary of the President’s Constitutional Mandate

  The President of India, by serving as the nominal executive and acting on the aid and advice of the Council of Ministers, effectively acts as the guardian of the Constitution. The procedural mandates of Articles 74 and 75, buttressed by the 44th Amendment, ensure that the Prime Minister and the CoM, accountable to Parliament, retain the real executive authority. This dualistic role is a sophisticated arrangement crucial for students to grasp for comprehensive understanding of Indian Polity.