Mains Daily Question
Sept. 6, 2023

Q1. “Although the President is considered to be a titular head of the State, there have been various instances which highlight the crucial role played by the President in maintaining the democratic spirit in India.” Comment.

Model Answer

Approach:

Introduction: Mention the relevant constitutional provisions which highlight that the President is the De-jure head of India.

Body: Mention the instances which bring out the fact that the President had played a crucial role in maintaining the democratic spirit in India.

Conclusion: Mention how the President acting as a titular head is in accordance with our Parliamentary system.

 

Answer:

The Indian President is considered to be the titular head of India, as according to the constitutional article 74 the President has to exercise his power and functions based on the aid and advice of the council of ministers headed by the Prime minister. The constitution also does not give any constitutional discretion to the President. However, despite this, there have been various instances where the president by exercising his limited discretionary powers has upheld the democratic spirit of India.

 

President’s role in maintaining the democratic spirit in India -

  1. Ordinance-making power - In 1979, the minority government of Charan Singh recommended President Neelam Sanjiva Reddy to promulgate seven ordinances, rather than advising him to summon the Parliament. But the President upheld the democratic spirit by not promulgating even a single ordinance.  

 

  1. Veto power - In 1986, President Zail Singh exercised a pocket veto over the postal bill, as he contended that the bill would give the government arbitrary powers to intercept postal communications indiscriminately. Ultimately the bill was withdrawn by the government.

 

  1. Sending advice for reconsideration - President K.R. Narayanan returned the matter for reconsideration of the cabinet, which was related to the imposition of the President’s rule in U.P. (1997) and consequently the Cabinet decided not to move ahead in that regard. 

 

  1. Appointment of PM: President Narayanan set a new precedent that if no party or pre-election coalition had a majority, then a person would be appointed as PM only if he was able to convince the president (through letters of support from allied parties) of his ability to secure the confidence of the house. 

 

  1. Power to Summon the house: During the Kargil conflict, the Vajpayee government had lost the majority of the Lok Sabha, but to ensure democratic accountability President K.R.Narayanan by invoking article 85(1) conveyed the Rajya Sabha to discuss the Kargil issue.

 

So, all these instances bring out the fact that the President in India could play a crucial role in maintaining the democratic spirit in India. However, our constitution makers envisaged the President to act as the titular head of India as it is in accordance with the parliamentary system of government. Thus, it is the council of ministers which is accountable to the legislature under article 75(3) while the President enjoys legal immunity under article 361(1) for his official acts.

Subjects : Polity
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