QUES . Explain the discretionary powers of the President of India. UPSC IES/ISS EXAM 2024 General Studies. 200 Words. 5 Marks
HINTS:
The Constitution of India has provided for a parliamentary form of government. Consequently, the President has been made only a nominal executive; the real executive being the council of ministers
headed by the prime minister. In other words, the President has to exercise his powers and functions with the aid and advise of the council of ministers headed by the prime minister.
Does the President of India has any discretionary powers?
A study of the powers of the President makes it abundantly clear that most of the powers conferred on the President under the Constitution of India are discretionary in nature. Words and phrases such as “pleasure”, “if the President is satisfied”, “if the President is of the opinion”, “with the previous consent of the President”, “the President may by order determine”, “as he may deem necessary”, etc., imply that the President has discretion in a number of matters.
However, while interpreting the provisions of the Constitution, the judiciary has consistently held that India follows the “cabinet” system of government, with the President acting as a mere figurehead on the advice of the Council of Ministers. It has held that British conventions have to be followed.
Must read: Discretionary powers of the President of India
Thus, the President of India is head of the State but not of the 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 a seal by which the nation’s decisions are made known. He is generally bound by the advice of his ministers. He can do nothing contrary to their advice nor can he do anything without their advice.
However, 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:
(i) 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.
(ii) Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
(iii) Dissolution of the Lok Sabha if the council of ministers has lost its majority.
(iv) The Indian President has discretionary powers to return the advice provided by the Council of Ministers and ask for a reconsideration of a decision.
The President of India’s discretionary powers are designed to ensure stability and uphold constitutional principles, especially during political uncertainty or crises. While these powers are limited and exercised sparingly, they play a critical role in maintaining the balance between different branches of government and ensuring the smooth functioning of the democratic process.
External link: https://en.wikipedia.org/wiki/President_of_India
