Model Answer
0 min readIntroduction
The President of India, as the Constitutional Head of State, operates primarily on the aid and advice of the Council of Ministers. However, the Constitution vests the President with certain discretionary powers, particularly during times of political uncertainty. These powers become demonstrably more significant when no single party secures a clear majority – leading to minority governments – or when governments are formed through alliances – coalition governments. The delicate balance of power in such scenarios necessitates a proactive and judicious role for the President in ensuring stable governance, upholding democratic norms, and safeguarding the Constitution. The office’s importance transcends the ceremonial, becoming pivotal in navigating complex political landscapes.
The President’s Role During a Minority Government
A minority government, formed when no party commands a majority in the Lok Sabha, relies on external support to remain in power. In such a situation, the President’s role is crucial in several aspects:
- Government Formation: Article 75(1) states that the Prime Minister is appointed by the President. In a hung parliament, the President exercises discretion in selecting the individual most likely to command the confidence of the House. This involves assessing the support of various parties and coalitions.
- Testing the Confidence of the House: The President can direct the Prime Minister to prove their majority on the floor of the House (Article 85). This is particularly important in a minority government where the claim of majority support might be contested.
- Interim Government: If a minority government loses the confidence of the House, the President can invite another leader to form a government or dissolve the Lok Sabha and call for fresh elections. The President can also appoint an interim government until elections are held.
- Dissolution of Lok Sabha: While generally bound by the advice of the Council of Ministers, the President can, in rare cases, refuse to dissolve the Lok Sabha if it appears that the government is attempting to avoid a vote of confidence.
Example: In 1996, after the Lok Sabha elections resulted in a hung parliament, President Shankar Dayal Sharma invited Atal Bihari Vajpayee to form the government as the leader of the Bharatiya Janata Party (BJP), which had the largest number of seats. However, Vajpayee’s government fell within 13 days due to lack of majority support, and the President subsequently invited H.D. Deve Gowda to form a United Front government.
The President’s Role During a Coalition Government
Coalition governments, formed by the coming together of multiple political parties, present a different set of challenges. The President’s role here is equally significant, though often more subtle:
- Swearing-in Ceremony & Allocation of Portfolios: The President administers the oath of office to the Prime Minister and other ministers. The allocation of portfolios within a coalition government can be a sensitive issue, and the President ensures that the process adheres to constitutional norms.
- Maintaining Stability: Coalition governments are often prone to internal conflicts and disagreements. The President can play a mediating role, encouraging dialogue and consensus-building among coalition partners.
- Dealing with Political Crisis: If a coalition government faces a crisis, such as the withdrawal of support by a key partner, the President must act swiftly and decisively to prevent a constitutional breakdown. This may involve inviting other leaders to form a government or dissolving the Lok Sabha.
- Imposition of President’s Rule: In extreme cases, if a coalition government is unable to function effectively and loses the confidence of the House, the President may impose President’s Rule under Article 356. However, this power is subject to judicial review (S.R. Bommai v. Union of India, 1994).
Example: The United Progressive Alliance (UPA) governments (2004-2014) were prime examples of successful coalition governance. President Pratibha Patil played a role in ensuring smooth transitions and maintaining stability during periods of political tension within the coalition.
Constitutional Provisions & Judicial Interpretations
The President’s powers are derived from Articles 52-78 of the Constitution. However, the scope of these powers has been shaped by judicial interpretations:
| Article | Provision | Relevance to Minority/Coalition Governments |
|---|---|---|
| 75(1) | Appointment of Prime Minister | Crucial in selecting a leader who can command confidence. |
| 85 | Summoning and Prorogation of Parliament | Used to test the confidence of the House. |
| 356 | President’s Rule | Potential recourse in case of government breakdown. Subject to judicial review. |
The S.R. Bommai case (1994) significantly curtailed the scope of Article 356, emphasizing the need for objective evidence of a constitutional breakdown before imposing President’s Rule. This has increased the President’s responsibility to act with caution and impartiality.
Conclusion
In conclusion, the role of the President of India assumes heightened significance during minority and coalition governments. While bound by the principles of parliamentary democracy, the President’s discretionary powers – particularly in government formation, testing confidence, and responding to political crises – become vital in ensuring stability and upholding constitutional norms. The President must act as a neutral arbiter, guided by constitutional morality and the need to safeguard the democratic process. The office’s effectiveness in such scenarios hinges on its ability to navigate complex political landscapes with impartiality and wisdom.
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.