Position of the President: Nominal vs Real Executive

At a Glance

• What it is The constitutional position of the President in the parliamentary system
• Articles Articles 53, 74 and 75
• Amendments 42nd (advice binding, 1976) and 44th (one reconsideration, 1978)
• Discretion Only situational, not constitutional
• Exam link UPSC Prelims, Polity: President

Where Does It Fit?

This is the last topic of the category on the President. The Constitution provides for a parliamentary system, so the President has been made only a nominal executive; the real executive is the council of ministers headed by the Prime Minister. The President exercises powers with the aid and advice of the council.

What the Articles Say

1. Article 53: the executive power of the Union is vested in the President and is exercised either directly or through officers subordinate to the President, in accordance with the Constitution.
2. Article 74: there shall be a council of ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of functions, act in accordance with such advice.
3. Article 75: the council of ministers is collectively responsible to the Lok Sabha, which is the foundation of the parliamentary system.

Ambedkar on the President

Dr Ambedkar said that, beyond the identity of the name, there is nothing in common between the American form of government and that adopted under the Indian Constitution. Under the Indian Constitution, the President occupies the same position as the King under the English Constitution. The President is the head of the State but not of the Executive, represents the nation but does not rule it, and is a symbol of the nation: a ceremonial device or a seal by which the nation’s decisions are made known. The President is generally bound by the advice of the ministers and can do nothing contrary to their advice or without their advice. The President of the United States can dismiss any secretary at any time; the President of the Indian Union has no power to do so so long as ministers command a majority in Parliament.

The 42nd and 44th Amendments

In the original Constitution there was no specific provision in Article 74 making the advice binding. The 42nd Amendment Act of 1976, enacted by the Indira Gandhi government, made the President bound by the advice of the council of ministers headed by the Prime Minister. The 44th Amendment Act of 1978, enacted by the Janata Party government headed by Morarji Desai, authorised the President to require the council to reconsider such advice either generally or otherwise, but the President shall act in accordance with the advice tendered after reconsideration. In other words, the President may return a matter once for reconsideration, but the reconsidered advice is binding.

Two examples: in October 1997 the cabinet recommended President’s Rule in Uttar Pradesh, the President K.R. Narayanan returned the matter, and the cabinet decided not to proceed, saving the Kalyan Singh government. In September 1998 he returned a recommendation for President’s Rule in Bihar; after a couple of months the cabinet re-advised the same, and President’s Rule was imposed in February 1999.

Situational Discretion

Though the President has no constitutional discretion, the President has some situational discretion, that is, can act without ministerial advice in the following situations:

Other points that affect the position include the veto powers, especially the pocket veto, and the President’s right to seek information from the Prime Minister. The President also takes the oath to preserve, protect and defend the Constitution and the law. These are limited tools, but they give the office a degree of influence in a system where the council of ministers holds real power.

Why Is This Topic Important?

• Core theme Frequently asked in Mains
• Amendments 42nd and 44th are standard
• Revision Summarises the category

What Came Next?

The next category covers the Vice-President, beginning with the election under Article 66.

Key People and Terms

• Nominal executive Head of State without real power
• Real executive Council of ministers
• Situational discretion Discretion in specified situations
• Reconsideration Once, at the President’s request
• Ceremonial device Ambedkar’s phrase

Exam Corner

Mains Angle

Questions on this topic usually ask about the President’s real role. Use these points to add depth.

• Nominal head Executive power vested but not exercised personally
• Binding advice 42nd and 44th Amendments
• Discretion Hung House and dismissal
• Examples Narayanan 1997 and 1998