Comparing Government Leadership: Parliament vs. Permanent Executives

Parliamentary system and permanent executives represent two different aspects of a government’s executive branch. The parliamentary executive, typical in the parliamentary system of democracies, includes elected officials who head the government and are accountable to the legislature. In contrast, the permanent executive consists of civil servants and bureaucrats responsible for implementing government policies and decisions.

Parliamentary System: India’s Executive Structure

• Constitutional Framework: The Constitution of India draws from India’s previous experience with the parliamentary system under the Acts of 1919 and 1935.

• • People’s Control: This system proved effective in allowing the executive to be controlled by people’s representatives.

• Constitutional Framers: The Constitution’s framers aimed for a government that would be both responsive and accountable. 

• Responsible Government: So, they favored the parliamentary system over the presidential form due to concerns about the emphasis on the President as the sole executive authority and potential personality cults.

• Ensures Accountability: The parliamentary system offers mechanisms to ensure the executive remains answerable to the legislature.

Constitutional Structure of Parliamentary System Executives

• Constitutional Executive: The Constitution established a President as the formal Head of the state of India, supported by the Prime Minister and the Council of Ministers at the national level.

• State Level Structure: At the State level, the executive consists of the Governor, the Chief Minister, and the Council of Ministers.

• Executive Powers: The executive power of the Union is formally vested in the President.

• However, in practice, these powers are exercised through the Council of Ministers led by the Prime Minister.

The Presidential Role: Ceremonial Powers, Elections, and Accountability

• Head of the State: The President is the head of the State, while the Prime Minister is the head of the government.
• Ceremonial Powers: The President exercises nominal powers and has a largely ceremonial role, similar to the Queen of Britain.
• Election: The President serves a five-year term and is elected indirectly by the Members of Parliament (MPs) and the Members of the Legislative Assemblies (MLAs) and not directly by the people.
• Proportional Representation: The election adheres to the Principle of Proportional Representation with a Single Transferable Vote.
• Impeachment: Removing the President from office requires a parliamentary impeachment process, with the sole ground being a violation of the Constitution.

Powers and Functions of the President in a Parliamentary System

• Presidential Functions: All governmental activities, major policy decisions, appointments (e.g., Chief Justice of India, Governors, Election Commissioners, ambassadors), international treaties, and agreements occur in the name of the President.

• Supreme Commander: The President is the Supreme Commander of India’s defense forces.

• Council of Ministers’ Advice: The President exercises all powers based on the advice of the Council of Ministers. 

• • If the Council of Ministers gives the same advice after reconsideration, the President is bound to act according to it.

• Assent to Bill: A bill passed by the Parliament becomes a law only after the President gives assent to it. 
• Bill Reconsideration Process: The President can delay this by sending the bill back to Parliament for reconsideration, but if Parliament passes the bill again, the President has to sign it.

• Appointment of the Prime Minister: The President appoints the leader of the majority party or coalition in the Lok Sabha as the Prime Minister.

• • In the Parliamentary system, in case no party or coalition has a majority, the President exercises his/her discretion and appoints a leader who, in her opinion, can muster majority support in the Lok Sabha.

The President’s Significance: Symbolic Leadership and Stability in the Parliamentary System

• Crucial Role: Though the President primarily serves as a ceremonial head, their role is crucial in the parliamentary system.
• Fixed Tenure: The Council of Ministers, which relies on legislative majority support, can be replaced at any time, necessitating a fixed-term Head of State like the President.
• Symbolic Head in a Parliamentary System: He symbolically represents the nation and, during unclear majorities, shoulder the responsibility of appointing the Prime Minister.

The President in the Indian Constitution: Authority and Advisory Roles in the Parliamentary System

• Advice to the President within the Parliamentary System: Article 74 (1) specifies that there will be a Council of Ministers, headed by the Prime Minister, to aid and advise the President. 
  • The advice provided by this council is binding on the President.
• Binding Advice: In light of debates over the President’s powers, the Constitution was amended to clarify that the Council of Ministers’ advice is binding.
• Reconsideration: If the President asks for reconsideration, they must accept the reconsidered advice.

• Various Functions: While the President holds a plethora of executive, legislative, judicial, and emergency powers, in a parliamentary system, these powers are practically utilized based on the advice of the Council of Ministers.

• Real Powers: The real executive authority in the Parliamentary system is wielded by the Prime Minister and the Council of Ministers, who have the majority’s support in the Lok Sabha.
• As described in the original text: “The constitution aims to position the President neither as a solely reigning figure nor just a figurehead, but as a significant figurehead of authority and dignity.”

Presidential Discretion: Information Rights and Communication Dynamics

• Presidential Right to Information: The Constitution mandates that the President be informed of all crucial matters and discussions within the Council of Ministers.
  • The Prime Minister is bound to provide any information the President requires.
• Presidential Communication:Additionally, the President often communicates with the Prime Minister, sharing views on national issues.

Presidential Authority: Examining the Power of Reconsideration in the Parliamentary System

• Reconsideration Power: One significant discretionary power lies in the President’s ability to return the advice provided by the Council of Ministers for reconsideration.

• Judgment and Legal Concerns: This power is exercised in the Parliamentary system based on the President’s judgment, especially when they believe the advice might be legally questionable or not in the nation’s best interests.

• Binding Advice: Even though the Council can resend the same advice, which then becomes binding on the President, such a reconsideration request from the President holds significant weight.
• The President’s Veto Power:
  • Another discretionary power is the President’s veto.

• • Withhold Assent:The President can withhold assent to Bills (excluding Money Bills) passed by the Parliament.

• • Assent: Every bill needs the President’s assent to become law.

• • Return: The President can return a bill to Parliament for reconsideration.

• • Resending by Parliament: If the Parliament passes the bill again and sends it back, the President must give his assent.

• • Pocket Veto: The Constitution doesn’t specify a time frame for this, allowing the President to hold onto a bill indefinitely, a tactic sometimes referred to as the ‘pocket veto’.

• Appointing the Prime Minister in Ambiguous Situations:
  • Discretionary Role: The President’s discretion becomes particularly vital in appointing the Prime Minister during unclear political scenarios, such as when no party has a clear majority in the Lok Sabha, or multiple leaders claim majority support.
  • Act Judiciously: In such situations, the President must judiciously determine who might have the majority’s backing.

Evolution of Presidential Discretion: Political Transformations and Parliamentary Dynamics in Modern Times

• Political Changes: The period between 1989 and 1998 witnessed significant political changes that enhanced the importance of the Presidential office.

• • In the four parliamentary elections held during this period, no single party or coalition secured a Lok Sabha majority.

• Presidential Interventions: This led to increased Presidential interventions in the Parliamentary system, forming governments or approving Lok Sabha dissolutions at the request of Prime Ministers who couldn’t prove a majority.
  • Thus, political conditions heavily influence Presidential discretion.

Historical Application of Discretionary Powers within the Parliamentary system

• The President’s discretionary power was evident in 1986.
• Indian Post Office (Amendment) Bill: Parliament passed the Indian Post Office (Amendment) Bill, criticized for potentially limiting press freedom.
  • President Gyani Zail Singh didn’t act on the bill. 
  • His successor, President Venkataraman, returned the bill for reconsideration.
  • By then, a new government had come into power in 1989, and the bill was never reintroduced.

• Consequently, due to President Singh’s decision to delay assent, the bill never became law.

The Vice President in the Parliamentary System

• American Presidential System: On the lines of the American Presidential System, Indian Constitution also provides for office of Vice President of India:
• Tenure: The Vice President is elected for a term of five years.
• Method of Election: The method of electing the Vice President is akin to that of the President, carries a key difference in the Parliamentary system: Members of State legislatures are excluded from the electoral college.
• Removal: The Vice President can be removed from his position by a resolution from the Rajya Sabha. 
  • This resolution must be passed by a majority and then endorsed by the Lok Sabha within the Parliamentary system.
• Responsibilities: As part of his duties, the Vice President serves as the ex-officio Chairman of the Rajya Sabha.

• • When the President’s position is vacant due to death, resignation, impeachment, or other reasons, the Vice President takes on the role.
  • However, this is a temporary assignment until a new President is duly elected.
  • A historical example within the context of the Parliamentary system occurred when B. D. Jatti assumed the role of President following the death of Fakhruddin Ali Ahmed, maintaining the position until a new President was elected.

Conclusion

The Powers and Functions of the President, within the Indian Constitution, highlight the nuanced dynamics of the Parliamentary system. The President’s position, vested with symbolic importance and specific powers, aligns with the principles of the Parliamentary system, reinforcing its role in India’s governance