Model Answer
0 min readIntroduction
The Indian Constitution adopts a parliamentary form of government, distinguishing it from presidential systems. This system derives its essence from the principle of responsible government, where the executive (Council of Ministers) is accountable to the legislature (Parliament). The President, while nominally the head of state, operates within a framework largely defined by the Council of Ministers. This intricate relationship, governed by constitutional provisions and conventions, ensures both stability and democratic accountability. Recent debates surrounding Presidential ordinances and their revocation highlight the ongoing dynamic between these two vital institutions.
Understanding the Parliamentary System & Key Players
The parliamentary system is characterized by fusion of legislative and executive powers. The Council of Ministers, led by the Prime Minister, derives its legitimacy from and remains answerable to the Lok Sabha. The President's role, as defined in the Constitution, is largely ceremonial but possesses significant constitutional responsibilities.
Constitutional Provisions Defining the Relationship
Article 53: The President’s Powers & Functions
Article 53(1) states that the President shall be Head of State. However, it's crucial to note Article 53(2) which dictates that the President acts "on the advice" of the Council of Ministers. This limits the President’s discretionary powers.
Article 74: The Council of Ministers
Article 74(1) establishes the Council of Ministers with the Prime Minister as its head. It states that there shall be a Council of Ministers to aid and advise the President in the exercise of his functions. This emphasizes the advisory role of the council.
Article 75: Tenure of Office of Ministers
Article 75(3) is vital – it dictates that ministers are collectively responsible to the Lok Sabha, reinforcing the Council’s accountability to the legislature and indirectly impacting its relationship with the President.
Interdependence & Functions
- Appointment of Prime Minister: While the President appoints the Prime Minister (Article 75(1)), they must appoint the leader of the party/coalition commanding a majority in the Lok Sabha. This limits the President’s discretion.
- Council’s Role in Presidential Administration: The Council advises the President on all matters of state, including appointments to key constitutional offices like Governors, Election Commissioners, and Judges (Article 124).
- Ordinance-Making Power: The President can issue ordinances when Parliament is not in session (Article 123). However, these are subject to Council’s recommendation. Recent instances of ordinance revocation by the government have brought this power under scrutiny.
- Dissolution of Lok Sabha: Although the President has the power to dissolve the Lok Sabha prematurely (Article 70), this is exercised on the advice of the Prime Minister, usually when a vote of no-confidence occurs or the government desires an early election.
Checks & Balances
While largely ceremonial, the President isn't entirely powerless. They can:
- Withhold Assent: The President *can* withhold assent from a bill passed by Parliament (Article 123). However, if the bill is presented again after six months, the President must give their assent.
- Reference Bills to Supreme Court: For constitutional amendments, the President can refer the matter to the Supreme Court for opinion (Article 368).
- Acting as a Neutral Arbiter: In situations of political crisis or hung parliament, the President acts as a neutral arbiter, ensuring smooth transition and adherence to constitutional provisions.
Evolution & Contemporary Challenges
Historically, the President's role has shifted. Early Presidents often exercised more discretionary powers. However, with the consolidation of parliamentary democracy, the Council of Ministers’ dominance has increased. Contemporary challenges include maintaining impartiality in times of political polarization and safeguarding constitutional values amidst executive actions.
Table: Comparison of Powers – President vs. Council of Ministers
| Power | President's Role | Council of Ministers' Role |
|---|---|---|
| Appointment of PM | Appoints the leader of the majority party/coalition. | Recommends a candidate to the President. |
| Ordinance Issuance | Issues ordinances on Council's recommendation. | Recommends ordinance issuance and drafts the ordinance. |
| Dissolution of LS | Dissolves the Lok Sabha (on advice). | Advises dissolution based on political considerations. |
Conclusion
The relationship between the President and the Council of Ministers in India is a carefully balanced one, reflecting the essence of parliamentary democracy. While the Council of Ministers exercises executive power and remains accountable to the legislature, the President serves as an integral constitutional figurehead, acting on their advice while retaining certain checks and balances. Maintaining this equilibrium and upholding the spirit of the Constitution remain crucial for ensuring stability and democratic governance in India.
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.