Model Answer
0 min readIntroduction
The President of India, the head of state, and the Council of Ministers, the executive branch, form a crucial part of the Indian parliamentary system. Article 74 of the Constitution establishes the framework for their interaction. Historically, the executive power was vested solely in the President, but the Government of India Act, 1935, introduced the concept of responsible government, shifting power to a council of ministers responsible to the legislature. The question of whether the President is bound by the Council's advice has been a subject of legal and constitutional debate, shaping the evolution of Indian democracy.
The Constitutional Framework: Article 74
Article 74 of the Constitution outlines the composition and functions of the Council of Ministers. It states that there shall be a Council of Ministers to aid and advise the President in the exercise of his functions. This provision establishes the Council's role as the primary source of advice for the President. The Council includes the Prime Minister, Ministers, and the Attorney General of India. The President is also empowered to summon and address the Council of Ministers.
The Principle of Ministerial Responsibility
The bedrock of the relationship lies in the principle of ministerial responsibility. This principle, borrowed from the Westminster system, dictates that the Council of Ministers is collectively responsible to the Lok Sabha. This means the Council must maintain the confidence of the majority in the Lok Sabha to remain in power. The President, acting on the advice of the Council, is the instrument through which this responsibility is exercised.
Is the President Bound to Accept Advice?
Generally, the President is bound to act in accordance with the advice of the Council of Ministers. This was firmly established by the 1975 S.R. Bommai v. Union of India case, which underscored the principle of judicial deference to the executive. The Supreme Court held that the President must generally follow the advice of the Council of Ministers, reinforcing the concept of responsible government.
Exceptions to the Binding Nature of Advice
However, the President's position isn't entirely subservient. There are exceptions where the President can act independently:
- Article 74(1) - "In consultation with the Council of Ministers": This allows the President to consult with the Council and potentially seek alternative opinions before making a decision, although the final decision rests with the President.
- Situations of Constitutional Crisis: When a government loses a vote of confidence, the President can use their discretion to invite another party or individual to form a government.
- Appointment of Ministers: The President appoints Ministers as advised by the Prime Minister.
- Sending back advice for reconsideration: Although rare, the President can return advice to the Council for reconsideration. This power must be exercised with extreme caution and is subject to judicial scrutiny.
- Emergency Powers: During a national emergency, the President can exercise certain powers, although these are also guided by constitutional provisions.
Case Study: 1997 Presidential Crisis
The 1997 Presidential crisis, following the fall of the United Front government, exemplifies the complexities. President Shanker Dayal Sharma refused to immediately dissolve the Lok Sabha, leading to a constitutional impasse. This incident highlighted the potential for conflict and the need for careful exercise of presidential discretion.
Recent Developments & Debates
Recent debates surrounding the use of Article 163 (which deals with the President’s power to pardon and suspend sentences) and the President’s role in the appointment of election commissioners have further emphasized the delicate balance in this relationship. While the Council of Ministers holds executive power, the President serves as a vital check on potential abuse of power.
| Aspect | Description |
|---|---|
| Council of Ministers | Advises the President, collectively responsible to the Lok Sabha. |
| President | Head of State, acts on the Council's advice, with limited discretionary powers. |
Conclusion
In conclusion, the relationship between the President and the Council of Ministers is a carefully calibrated balance of power. While the President is generally bound by the Council’s advice, exceptions exist, allowing for discretionary actions in specific circumstances. The Supreme Court’s rulings, particularly the Bommai case, have solidified the principle of ministerial responsibility and the Council's dominance. However, the President remains a vital constitutional safeguard, ensuring that the executive acts within the bounds of the Constitution and upholding democratic values.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.