The President of India: Powers, Roles, Immunities and Challenges

The President of India holds a crucial role in the country’s governance, acting as the head of state. This position comes with specific powers and responsibilities, including the authority to grant pardons and enact ordinances. However, the President’s role is often debated, with questions about their effectiveness and independence. Understanding the constitutional framework surrounding the presidency helps clarify its significance in India’s democracy.

President of India: A Comprehensive Overview

Immunities to the President of India

• Ensuring Unimpeded Execution of Duties: The President, as the head of the state, enjoys specific immunities to ensure the unimpeded execution of duties. 
• Article 361 of the Indian Constitution outlines the immunities granted to the President, which include:
  • Not Answerable to Any Court: The President is not subject to any court’s jurisdiction regarding the exercise of powers, performance of duties, or acts carried out in the course of duty.
  • Review of Conduct by Parliament-Appointed Body: The conduct of the President can be reviewed by either House of Parliament. 
    • However, the scrutiny is possible only if either House of Parliament designates a court, tribunal, or another body under Article 61 to investigate charges against the President.
  • Immunity from Criminal Proceedings: No criminal proceedings can be initiated or continued against the President during their term. 
    • Courts are prohibited from issuing arrest warrants or imprisoning the President. 
  • Civil Cases Related to Personal Acts: However, Civil cases related to personal acts can be instituted during the term. 
    • The President must be given a two-month prior notice, including details of the proceeding, cause of action, and information about the other party.
• Collective Safeguards: These immunities collectively safeguard the President from legal interventions and prosecutions, fostering an environment conducive to the effective discharge of presidential responsibilities.

Constitutional Position of The President

• Constitutional Role of the President of India: In understanding the constitutional role of the President of India, specific reference must be made to the provisions of Articles 53, 74, and 75 of the Constitution, which lay out the following principles:
  • Executive Power Vesting in the President: Article 53 states that the executive power of the Union shall be vested in the President and can be exercised by the President directly or through subordinate officers in accordance with the Constitution.
  • Aid and Advice of the Council of Ministers: Article 74 establishes the framework for the President’s relationship with the Council of Ministers. 
    • It mandates that there shall be a council of ministers with the Prime Minister at its head, which is responsible for offering aid and advice to the President. 
    • Importantly, the President “shall” act in accordance with such advice while performing their functions.
• Constitutional Amendments Impacting Presidential Discretion: The 42nd Constitutional Amendment Act of 1976 rendered the President bound by the advice of the council of ministers led by the Prime Minister. It effectively restricted the President’s discretion in acting independently.
  • Provision for Reconsideration of Advice: Subsequently, the 44th Constitutional Amendment Act of 1978, introduced a provision allowing the President to request the council of ministers to reconsider their advice, whether in a general or specific context.
  • Obligation to Act on Reconsidered Advice: However, the President “shall” ultimately act in accordance with the advice tendered by the council of ministers following such reconsideration. 
  • Limitation on Reconsideration Requests: The President is permitted to seek reconsideration of a matter once, but the final decision must align with the advice offered after the reconsideration.

Impeachment of President of USA vis-a-vis India

• Understanding Impeachment in Political Systems: Impeachment is a formal process used in some political systems, particularly in democratic nations, to bring charges of wrongdoing or misconduct against a high-ranking public official, such as a President, Prime Minister, or other government officials.

Issues Related to President of India

The position of the President of India, despite holding a paramount place in the Constitution, has been a consistent subject of criticism within the country, primarily due to the following reasons:

• Titular Head: It is the Prime Minister who with his Council of Ministers makes decisions and subsequently informs the President, who is constitutionally obligated to act on the advice. (  He can ask for reconsideration once )
• Political Puppet or Rubber Stamp: The President has often been labelled as a rubber stamp of the government because they are required to approve all executive decisions.
• Historical Context: For instance, during the 1975 Emergency, President Fakhruddin Ali Ahmed swiftly granted approval to then Prime Minister Indira Gandhi’s request to declare a National Emergency.
• President’s Role Beyond a Rubber Stamp: However, it is vital to note that the President is not merely a rubber stamp. A President with a strong commitment to constitutional principles can make a difference. 
• Constitutional Right to Information: Under Article 78 of the Constitution, the President possesses the constitutional right to seek information from the Prime Minister.
• Influence of the President: Eminent jurist Professor M. P. Jain emphasises that the President’s influence depends on their personality, character, and abilities.
  • A President with a strong moral compass can exert a significant influence on government affairs by offering valuable advice, knowledge, and experience for decisions impacting the well-being of the people.
  • Presidential Activism:
    • Definition of Presidential Activism: Presidential activism occurs when the President asserts their discretionary powers and does not act strictly in accordance with the advice of the council of ministers. India has a history of activist Presidents.
    • Examples: Include Rajendra Prasad’s public criticism of the government and the absolute veto on the PEPSU bill in 1954. 
      • Other Presidents, such as K.R. Narayanan and A.P.J. Abdul Kalam, are also considered activist Presidents.
    • Debate on Presidential Activism: While some constitutional scholars have defended Presidential activism, citing its role in preserving federalism and preventing the misuse of Article 356, from a legal standpoint, it is not seen as desirable in a parliamentary form of government. 
• Misuse of Pardoning Powers:
  • Pardoning Authority of the President: Under Article 72 of the Constitution, the President of India holds the authority to grant pardons or reduce the sentences of convicted individuals, particularly in cases involving capital punishment.
  • Concerns Over Misuse of Power: This power has been prone to misuse, as seen during the tenure of former President Pratibha Patil, who granted a record 30 pardons within 28 months, which amounted to 90% of all pardons ever issued by previous Presidents of India.
  • Choice of Presidential Candidate: Often, the selection of a Presidential candidate is influenced by political considerations, aiming to appease particular communities or sections of society. 
    • Moreover, the President is not directly elected by the people of India.
• Use of the Office of President as a Reward: The office of the President is sometimes perceived as a reward for unwavering loyalty to a particular party.
• Crucial Roles of the President: Despite these criticisms, the President of India fulfills several crucial roles, such as safeguarding the foundation of parliamentary democracy, addressing situations without a clear precedent (e.g., appointing a Prime Minister when no party holds a clear majority in the Lok Sabha or when a Prime Minister unexpectedly passes away), and acting as the custodian of the Constitution by preserving, defending, and protecting it.

Important articles related President of India

Conclusion

In conclusion, the President of India serves as both a constitutional authority and a symbolic leader. 

• While the office is equipped with substantial powers, it is also constrained by the advice of the Council of Ministers. 
• Issues regarding the President’s effectiveness and the potential for misuse of powers continue to spark discussion. Ultimately, the President plays a vital role in upholding the Constitution and ensuring democratic values in the nation.

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