President  

President  

India is a democratic republic with parliamentary form of government. The government at the Central level is called ‘Union Government’ and at the State level it is known as ‘State Government’. Both the Union and the State governments are organized and function based on the principles of parliamentary system of government. According to the Constitution of India, the executive, the legislature and the judiciary are three organs of the government. The Union executive consists of the President, the Vice-President, the Prime Ministers, the Council of ministers and the Attorney General of India. Articles 52 to 78 in Part V of the Constitution deal with the Union executive.

The President is the head of the Indian State. He is also the Executive Head of India and all the executive powers of the Union are vested in him. The President is the Supreme Commander of the armed forces. He is the first citizen of India and acts as a symbol of unity, integrity, and solidarity of the nation. He is not directly elected by the people of India. He is elected for a term of five years. The President can be removed from office on charges of violation of the constitution.

Qualifications for Election as President

In order to be qualified for election as President, a person must:

• He should be a citizen of India.
• He should have completed the age of 35 years.
• He should be qualified to be elected as a member of the Lok Sabha.
• He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority. But a sitting President or Vice-President of the Union or the Governor of any state or a Minister either for the Union or for any state is not disqualified for election as President.

Furthermore, the nomination of a candidate for election to the office of President must receive the consent of a minimum of 50 electors as proposers and 50 electors as seconders. Every candidate has to make a security deposit of Rs 15,000 with the Reserve Bank of India. The security deposit is liable to be forfeited in case a candidate fails to secure one-sixth of the votes polled.

Election of the President

The President of India is elected not directly by the people but by members of the electoral college. The electoral college includes the following members:

• The elected members of both Houses of Parliament.
• The elected members of the Legislative Assemblies of the States.
• The elected members of the Legislative Assemblies of the Union Territories of Delhi, Puducherry and Jammu & Kashmir.

The following members of both the House of Parliament and the Legislative Assemblies of States or Union Territories do not participate in the election of the President:

• The nominated members of both of Houses of Parliament.
• The nominated members of the State Legislative Assemblies.
• The members both elected and nominated of the State Legislative Councils (in case of the bicameral legislature).
• The nominated members of Legislative Assemblies of Delhi, Puducherry and Jammu & Kashmir.

If any legislative assembly is dissolved, the members of that legislative assembly cease to be qualified to vote in presidential election, even if fresh elections to the dissolved legislative assembly are not held before the presidential election. The framers of the Constitution were keen to obtain parity between the votes of the elected members of Parliament on one side and elected members of Legislative Assemblies of all the States on the other side. They devised a system to determine the value of the vote of each member of Parliament and the Legislative Assembly, so as to ensure equality.

The value of the vote of each member of the Legislative Assembly of a state is determined by the total population of the state divided by the number of elected members of the State Legislative Assembly, and the quotient is divided by 1000. Remember that the value of the vote of the MLA of each state is different.

The value of each vote of a Member of Parliament is determined by adding all the votes of members of the State Legislative Assemblies, including the Legislative Assemblies of the Union Territory of Delhi, Puducherry and Jammu & Kashmir divided by the total number of elected members in the Lok Sabha and Rajya Sabha. Remember that the value of the vote of the MP of the Lok Sabha is the same as the value of the vote of the MP of the Rajya Sabha.

The election of the President is held through a single transferable vote system of proportional representation. The voting is done by a secret ballot. Under this system, the names of all the candidates are listed on the ballot paper and the elector gives them numbers according to his/her preference.  Every elector may mark on the ballot paper as many preferences as there are candidates.  Thus, the elector, while casting his/her vote, is required to indicate his/her preferences by marking 1, 2, 3, 4, etc. against the names of the candidates. If the first preference is marked against more than one candidate or is not marked at all, the ballot is deemed invalid.

Members of State Legislative Assemblies vote in the state capitals, whereas Members of Parliament vote in Delhi or the state capitals. The counting of votes is done in New Delhi. To be declared elected, a candidate must get more than 50% of the total valid votes polled. This is known as Quota. The quota is determined by totalling the total number of votes polled divided by the number of candidates to be elected plus one. In this case, since only the President is to be elected, so division is done by 1+1. One is added to the quotient to make it more than 50%.

In the first phase, only first preference votes are counted. In case a candidate secures the required quota in this phase, he\she is declared elected.  In case no candidate reaches the quota, the process of transfer of votes is set in motion. Then the candidate who gets the least number of first preference votes has his/her votes transferred to other candidates. This process continues till a candidate secures the required quota. Refer to the table given below to learn about the presidential candidates from 1952 to 2022.

All disputes in connection with election of the President are inquired into and decided by the Supreme Court whose decision is final. The election of a person as President cannot be challenged on the ground that the electoral college was incomplete. Such person who is neither a candidate nor an elector cannot file a suit challenging the validity of the election of the President.

Before entering upon the office, the President has to take an oath of office in the presence of the Chief Justice of India and, if he is absent, then in the presence of the senior most judge of the Supreme Court. If any other person acting as President or discharging the functions of the President also undertakes the similar oath.

Conditions of President’s Office

Article 59 of the Constitution lays down the following conditions of the President’s office:

• He shall not be a member of either House of Parliament or a House of the Legislature of any State. If a member of either House of Parliament or a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
• He shall not hold any other office of profit.
• He shall be entitled without payment of rent to the use of his official residence (Rashtrapati Bhavan).
•  He shall be entitled to emoluments, allowances and privileges as may be determined by Parliament.
•  He shall be entitled to emoluments, allowances and privileges as may be determined by Parliament.
• The emoluments and allowances of the President shall not be diminished during his term of office.

In 2008, the President’s Emoluments and Pension Act, 1951 was amended. After that, a former president who demits office either after the expiration of his or her term or by resignation gets a pension at the rate of 50 percent of the emoluments of the president per month for the rest of his or her life. In addition, the former Presidents are entitled to furnished residence, car, medical treatment, phone facilities, travel facilities, secretarial staff and office expenses up to Rs. 1 lakh per annum. The spouse of a deceased President is also entitled to a family pension at the rate of 50 percent of pension of a retired President, furnished residence, car, medical treatment, phone facilities, travel facility, secretarial staff and office expenses up to Rs. 20,000 per annum.

Term of Office of President

The President is elected for a term of five years, but even after the expiry of the term, he/she may continue to hold office until his/her successor enters the office. However, he can resign from his office at any time by addressing the resignation letter to the Vice-President. Further, he can also be removed from the office before the completion of his term by the process of impeachment.

There is a provision for the re-election of a person who currently holds or has previously held the office of President. He may be elected for any number of terms. However, in the USA, a person cannot be elected to the office of the President more than twice.

Privileges and Immunities

The President is entitled to a number of privileges and immunities, which include the following:

• He enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
• The President cannot be asked to be present in any court of law during his tenure.
• The President is not answerable to any court of law for the exercise of his functions.
• The President can neither be arrested nor any criminal proceedings be instituted against him in any court of law during his tenure.
• After giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

Removal of the President

The President can only be removed from office through a process called impeachment. The Constitution lays down a detailed procedure for the impeachment of the President. He can only be impeached for “violation of the Constitution”. However, the Constitution does not define the meaning of the phrase “violation of the Constitution”.

The resolution to impeach the President can be moved in either House of Parliament. Such a resolution can be moved only after at least 14 days’ prior notice in writing signed by not less than one-fourth of the total number of members of that House. Such a resolution charging the President for violation of the Constitution must be passed by a majority of not less than two-thirds of the total membership of that House before it goes to the other House for investigation. The charges levelled against the President are investigated by the second House. The president has the right to be heard or defended when the charges against him are being investigated. The President may defend himself in person or through his counsel. If the charges are accepted by a two-thirds majority of the total membership of the second House, the impeachment succeeds. The President thus stands removed from the office from the date on which the resolution is passed. However, no President has so far been impeached.

Thus, an impeachment is a quasi-judicial procedure in the Parliament. In the context of impeachment, two things should be noted:

• The nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election.
• The elected members of the legislative assemblies of states and the Union Territories of Delhi, Puducherry and Jammu & Kashmir do not participate in the impeachment of the President though they participate in his election.

The procedure of impeachment in India is even more difficult than the one adopted in America where only a simple majority is required in the House of Representatives to initiate the proceedings.

Vacancy in the Office of the President

A vacancy in the office of the President may be caused in any of the following ways:

• On the expiry of his tenure of five years.
• By his resignation.
• By his death.
• On his removal by the process of impeachment.
• Otherwise, for example, his election is declared void.

If the vacancy is going to be caused by the expiration of the term of the sitting President, an election to fill the vacancy must be held before the expiration of the term. In case of any delay in conducting the election of new President by any reason, the outgoing President continues to hold office until his successor enters upon his office. In this situation, the Vice-President does not get the opportunity to act as President.

If the President’s office falls vacant by reason of any cause other than the expiry of his tenure, an election for a new President must be held within six months from the date of the occurrence of the vacancy.

If the President’s office falls vacant by his resignation, death, removal or otherwise, the Vice-President acts as the President until a new President is elected. But the Vice-President can act as the President for not more than six months.

Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.

In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the senior most judge of the Supreme Court available) acts as the President or discharges the functions of the President.

When any person is acting as the President or discharging the functions of the President, he enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances and privileges as are determined by the Parliament.

Powers and Duties of the President

The President is Head of the State. It is the highest public office in the country. All executive actions of the government of India are carried out in his/her name. The Constitution has vested the President with vast powers. The powers and duties of the President can be studied under the following heads:

Executive Powers-

The Constitution of India vests the executive powers of the Union in the President. The President is empowered to exercise these powers either directly or through subordinate officers to him, which means through the Prime Minister and Council of Ministers also. His executive powers are given below:

• President can make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
• The President appoints the Prime Minister and he appoints other ministers on the advice of the Prime Minister. He allocates portfolios among the ministers on the advice of the Prime Minister. He may remove any Minister on the advice of the Prime Minister.
• The President appoints the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Governors of States, Lieutenant Governors of Union Territories, and members of the Finance Commission, and so on. All such appointments are made on the advice of the Union Cabinet headed by the Prime Minister.
• The President can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the Prime Minister.
• The President can ask the Prime Minister only once to have a recommendation of the executive reconsidered by the Cabinet. The President can also refer a minister’s decision to the Cabinet for its consideration. The President cannot seek a second reconsideration.
• He can appoint a commission to investigate into the conditions of Scheduled Castes, Scheduled Tribes and Other Backward Classes.
• He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.
• He can appoint an inter-state council to promote Centre-state and inter-state cooperation.
• He directly administers the union territories through administrators appointed by him.

Legislative Powers-

The President being an integral part of Parliament enjoys many legislative powers. These powers are given below:

• The President can summon or prorogue the Houses of Parliament. He may summon the Parliament at least twice a year, and the gap between two sessions cannot be more than six months. The President has the power to dissolve the Lok Sabha even before the expiry of its term on the recommendation of the Prime Minister. He can also summon a joint sitting of both Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
• The President addresses both Houses of Parliament assembled together at the first session after each general election to the House of the People and at the commencement of the first session each year.
• The President has the right to send messages to Parliament, whether with respect to a bill pending in Parliament or otherwise.
• The President can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and Deputy Chairman fall vacant.
• He nominates twelve members to Rajya Sabha from amongst persons having special knowledge in the field of literature, science, art and social service.
• He decides on questions as to the disqualification of members of Parliament in consultation with the Election Commission.
• The President’s prior recommendation or permission is needed to introduce certain types of bills in Parliament, which include expenditure from the Consolidated Fund of India, alteration of the boundaries of states or creation of a new state.
• Every bill passed by Parliament is sent to the President for his/her assent.  The President may give his/her assent or return it (if it’s not a money bill) to Parliament for reconsideration. If the bill is passed again by the Parliament with or without amendments, the President has to give her assent. Without his/her assent, no bill can become a law.
• When a bill is passed by a state legislature, it is reserved by the Governor for consideration by the President. The President may give his/her assent or direct the governor to return it (if it’s not a money bill) to the State Legislature for reconsideration. It should be noted here that it is not obligatory for the President to give his assent even if the bill is passed again by the state legislature with or without amendments.
• The President may promulgate an ordinance when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks from its reassembly. He can also withdraw an ordinance at any time.
• The President lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament.
• He can make rules and regulations for peace and progress in the Union Territories. Even if any union territories have an assembly, then the President can also legislate by making regulations but only when the assembly is suspended or dissolved.

Financial Powers-

The President enjoys certain financial powers. These powers are given below:

• All money bills can be introduced in the Lok Sabha only with the prior approval of the President. But the President can never return money bills to Parliament for reconsideration.
• The annual budget of the Central government is introduced in the Lok Sabha on the recommendation of the President.
• The President has the control over Contingency Fund of India. It enables her to advance money for the purpose of meeting unforeseen expenses.
• The President constitutes the Finance Commission after every five years. It makes recommendations to the President on some specific financial matters, especially the distribution of Central taxes between the Union and the States.

Judicial Powers-

The President enjoys certain judicial powers. These powers are given below:

• The President appoints the Chief Justice and other judges of the Supreme Court. The President also appoints the Chief Justice and other judges of the High Courts.
•  The President can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the President.
• The President can pardon a criminal or reduce the punishment or suspend, commute or remit the sentence of a criminal convicted by the Supreme Court or High Courts for an offence against federal laws. The President can pardon a person convicted by a Court Martial. His/her power of pardon includes the granting of pardon even to a person awarded a death sentence. But the President performs this function on the advice of the Law Ministry.

Diplomatic Powers-

International treaties and agreements are negotiated and concluded on behalf of the President. However, they are subject to the approval of the Parliament. He represents India in international forums and affairs and also sends and receives diplomats such as ambassadors, high commissioners, and so on.

Military Powers-

The President is the supreme commander of the defence forces of India. He appoints the chiefs of the Army, Navy and Air Force. He can declare war or conclude peace, subject to the approval of Parliament.

Emergency Powers-

The Constitution of India provides extraordinary powers to the President that are exercised during emergency situations. These are known as emergency powers. Three types of emergencies are described in the Constitution. These are:

• National Emergency: According to Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. Furthermore, the President can declare a national emergency before the actual occurrence of war or external aggression or armed rebellion. If the President is satisfied that there is imminent danger of such external aggression or armed rebellion.
• President’s Rule: Article 355 says that it is a duty of the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.  So, to perform this duty, the Centre can take over the government of a state under Article 356 in the event of the failure of the constitutional machinery of the state. It is known as a “State Emergency” or “Constitutional Emergency”. But it is also popularly known as “President’s Rule”.
• Financial Emergency: Article 360 empowers the president to proclaim a financial emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

Veto Power of the President

A bill passed by the Parliament can become an act only if it receives the assent of the President. When a bill is presented to the President after its passage in both Houses of Parliament, he has three alternatives:

• He may give his assent to the bill; or
• He may withhold his assent to the bill; or
• He may return the bill (except the money bill) for reconsideration of the Parliament. However, if the bill is passed again by both Houses of Parliament with or without amendment and again presented to the President, it would be obligatory upon him to give his assent to it.

Thus, the President has the veto power over the bills passed by the Parliament. In other words, he can withhold his assent to the bills. The object of giving veto power to the President is mainly for two reasons: (A) to prevent hasty and ill-considered legislation by the Parliament; and (B) to prevent legislation which may be unconstitutional.

Generally, the executive and the legislature are separate and independent from each other. The Executive should properly have some control to prevent undesirable legislation. The veto power enjoyed by the executive in modern states can be classified into the following four types:

• Absolute Veto: It refers to the power of the President to withhold his assent to a bill passed by Parliament. The bill then ends and does not become an act. Usually, this veto is exercised in the following two cases: (A) With respect to private member’s bills (private member means any member of Parliament who is not a minister); and (B) With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.
• Qualified Veto:  A veto is “qualified” when it can be overridden by an extraordinary majority of the Legislature. In this process, a bill can be enacted as law with such a majority vote, notwithstanding the absence of the President’s signature.  But if the bill fails to obtain that two-thirds majority, the qualified veto will continue and the bill will fail to become law. It is possessed by the American President.
• Suspensive Veto: A veto is “suspensive” when the executive veto can be overridden by the Legislature by an ordinary majority. The President exercises this veto when he returns a bill for reconsideration of the Parliament. If the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill.
• Pocket Veto: In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period. This power of the President not to take any action (either positive or negative) on the bill is known as the pocket veto. The Indian President can exercise this veto power as the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent.

Of the above four, the President of India is vested with three- absolute veto, suspensive veto and pocket veto. Remember that the President has no veto power in respect of a constitutional amendment bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.

Presidential Veto over State Legislation

Besides the power to veto union legislation, the President of India has veto power with respect to state legislation also. A bill passed by a state legislature can become an act only if it receives the assent of the governor or the President (if the bill is reserved for the consideration of the President by the Governor of the State). When a bill passed by a state legislature is presented to the governor for his assent, he has four alternatives:

• He may give his assent to the bill; or
• He may withhold his assent to the bill; or
• He may return the bill (except the money bill) for reconsideration of the state legislature.
• He may reserve the bill for the consideration of the President.

When a bill is reserved by the governor for the consideration of the President, the President has three alternatives:

• He may give his assent to the bill; or
• He may withhold his assent to the bill; or
• He may direct the governor to return the bill (not in case of money bill) for the reconsideration of the state legislature. If the bill is passed again by the state legislature with or without amendments and presented again to the President for his assent, the President is not bound to give his assent to the bill. This means that the veto power of the President cannot override by the state legislature.

Ordinance Making Power of the President

Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. This power is to be exercised by the President on the advice of the Council of Ministers headed by the Prime Minister. These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws. An ordinance like any other legislation can be retrospective, that is, it may come into force from a back date. It may modify or repeal any act of Parliament or another ordinance. It can alter or amend a tax law also. However, it cannot be issued to amend the Constitution.

The ordinance-making power of the President provided by the Constitution is to deal with unforeseen or urgent matters. But, the exercise of this power is subject to the following limitations:

• The President can promulgate an ordinance only when both the Houses of Parliament (Lok Sabha and Rajya Sabha) are not in session or when either of the two Houses of Parliament is not in session. Remember that an ordinance made when both the Houses of Parliament are in session is void.
• The President can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action. The President’s satisfaction is justiciable on the ground of malafide.
• An ordinance can be issued only on those subjects on which the Parliament can make laws.
• An ordinance is subjected to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
• Every ordinance issued during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the date of reassembly of Parliament. If the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks is calculated from the later of those dates. The ordinance may also cease to operate even earlier than the prescribed six weeks, if both the Houses of Parliament pass resolutions disapproving it. However, the President can also withdraw an ordinance at any time. Hence, an ordinance can exist at the most only for six weeks from the date of reassembly of both Houses of Parliament.

However, the ordinance making power of the President is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister.

Pardoning Power of the President

Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence. The President has the pardoning power in respect of the following cases:

• In all cases where the punishment is by court-martial.
• In all cases where the punishment is for an offence against laws made under the Union and Concurrent Lists.
•   In all cases where the punishment is a sentence of death.

The pardoning power of the President is independent of the Judiciary. It is a judicial power of the President which is given to him by the Constitution. The object of conferring this judicial power on the President is for two reasons: (A) to keep the door open for correcting any judicial errors in the operation of law; and (B) to afford relief from a sentence, which the President regards as unduly harsh.

The pardoning power of the President comprises a group of analogous powers, each of which has a distinct significance and distinct legal consequences. These analogous powers are:

• Pardon:  It rescinds both the sentence and conviction and absolves the offender from all punishment and disqualifications.
• Commutation: It merely substitutes one form of punishment for another of a lighter character. For example, a death sentence may be commuted to rigorous imprisonment.
• Remission: It reduces the period of punishment without changing its character. For example, a sentence of imprisonment for one year may be remitted to six months.
• Respite: It means awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a female offender.
• Reprieve: It provides a stay of the execution of a sentence (especially that of death) for a temporary period. It’s aimed at enabling the convict to have time to seek pardon or commutation from the President.

The Supreme Court examined the pardoning power of the President in different cases and the following principles were laid down:

• The petitioner for mercy has no right to an oral hearing by the President.
• The President can examine the evidence afresh and take a view different from the view taken by the court.
• The power is to be exercised by the President on the advice of the union cabinet.
• The President is not bound to give reasons for his order.
• The President can afford relief not only from a sentence that he regards as unduly harsh but also from an evident mistake.
• No guideline need be laid down by the Supreme Court for the exercise of power by the President.
• Where the earlier petition for mercy has been rejected by the President, stay cannot be obtained by filing another petition.
• The exercise of power by the President isn’t subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.

President and Governor Pardoning Powers Compared-

Under the Indian Constitution, the pardoning power is possessed by the President as well as the State Governor. Article 72 of the Constitution provides the pardoning power to the President. Similarly, Article 161 of the Constitution provides the pardoning power to the state governor. The comparison between the pardoning powers of the President and Governor is described in the table in detail.

Constitutional Position of the President

The office of the President in India is of high dignity and eminence, not of real powers. In reality, the President is a nominal executive or a constitutional Head of the State. No doubt the government is run in his/her name, but according to the Indian Constitution, the President has to exercise his/her powers on the aid and advise of the Council of Ministers headed by the Prime Minister.

The President is the head of the state but not of the real Executive. He represents the nation but does not rule the nation. He is the symbol of the nation. His place in administration is that of a ceremonial device or seal by which the nation’s decisions are made known.  He is dependent on   the advice of the Council of Ministers headed by the Prime Minister. He can do nothing contrary to their advice nor can he do anything without their advice. The President may return an advice once for reconsideration of his ministers, but the reconsidered advice shall be binding.

Though the President has no constitutional discretion, he has some situational discretion. In other words, the President can act on his discretion (that is, without the advice of the ministers) under the following situations:

• 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.
• Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
• Dissolution of the Lok Sabha if the council of ministers has lost its majority.

However, some constitutional experts believe that the President can be compared with a ‘rubber stamp’. But this conclusion is also not true. The President has been given the task of preserving, protecting and defending the Constitution. He is the custodian of the democratic process as enshrined in the Constitution. In uncertain political situations, the President can play a decisive role in the formation of government.

To know about the Article Related to the President, refer to the table