Law Optional 2024 Paper I solved

Discuss the relationship between the President and the Council of Ministers under the parliamentary form of government in India. Explain with the help of relevant constitutional provisions.

Verified Answer

India operates under a parliamentary system of government, a Westminster model, where the President is the constitutional or nominal head, while the Council of Ministers (CoM), led by the Prime Minister, is the real executive authority. This relationship is meticulously defined by various constitutional provisions, ensuring a balance between the ceremonial role of the head of state and the effective functioning of the government.

Constitutional Provisions and Their Implications:

  1. Article 53: Executive Power of the Union: This article states that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. While this vests power in the President, its exercise is largely guided by the CoM.

  2. Article 74: Aid and Advice of Council of Ministers: This is the cornerstone of the relationship. Article 74(1) mandates that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. The 42nd Constitutional Amendment Act of 1976 made it obligatory for the President to act in accordance with the advice of the CoM. The 44th Amendment Act of 1978 added a proviso, allowing the President to require the CoM to reconsider such advice, but the President shall act in accordance with the advice tendered after such reconsideration. This clearly establishes the supremacy of the CoM's advice.

  3. Article 75: Appointment and Responsibility of Ministers:

    • Article 75(1): The Prime Minister shall be appointed by the President, and the other Ministers shall be appointed by the President on the advice of the Prime Minister. This highlights the PM's pivotal role in forming the government.
    • Article 75(2): The Ministers shall hold office during the pleasure of the President. However, this 'pleasure' is not personal but exercised on the advice of the Prime Minister. A minister can be removed by the President only on the PM's recommendation.
    • Article 75(3): The Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha). This is the essence of parliamentary democracy, meaning the entire CoM stands or falls together with the confidence of the lower house. The President, as head of state, is not directly accountable to the Lok Sabha for the government's policies.
  4. Article 78: Duties of Prime Minister: This article outlines the duties of the Prime Minister to communicate to the President all decisions of the CoM relating to the administration of the affairs of the Union and proposals for legislation. The PM must also furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for. Furthermore, if the President so requires, the PM must submit for the consideration of the CoM any matter on which a decision has been taken by a Minister but which has not been considered by the CoM. This ensures the President is kept informed and can act as a constitutional check.

Nature of the Relationship:

  • Nominal vs. Real Executive: The President is the de jure (legal) head, while the CoM, headed by the PM, is the de facto (real) executive. All executive actions are taken in the President's name, but the actual decisions are made by the CoM.
  • Binding Advice: The President is constitutionally bound by the aid and advice of the CoM, with the limited power to seek reconsideration once.
  • Limited Discretionary Powers: The President's discretionary powers are very limited, primarily in situations like appointing a Prime Minister when no single party has a clear majority, or dissolving the Lok Sabha if the CoM has lost confidence and no alternative government can be formed. Even these are largely guided by constitutional conventions.
  • Constitutional Guardian: The President acts as a guardian of the Constitution, ensuring that the government functions within its framework. The President's role is to advise, encourage, and warn the CoM, as famously described by Bagehot regarding the British monarch.

In conclusion, the Indian Constitution establishes a parliamentary system where the President, though vested with significant powers on paper, acts primarily as a constitutional head. The real executive power and responsibility lie with the Council of Ministers, which is accountable to the Lok Sabha. The constitutional provisions ensure that while the President remains a symbol of the nation's unity and continuity, the democratic will, as expressed through the elected representatives in the CoM, prevails in governance.