PRESIDENT : Roles Of The President Of INDIA

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 PRESIDENT OF INDIA

President of India is the Formal Head Executive ( all the executive decision are taken on the name of the President ). He is also the Nominal Head Of The State  and works as a connecting dots of almost every components of all the state of INDIA. In ARTICL 52, it has been stated that " there shall be a President of INDIA" . [*It is obligatory not optional]

The President Of INDIA exercises powers which have been listed in ARTICLE 53 :

     ARTICLE 53 : All the executive powers of STATE shall belong to President who can use it either directly or through offices subordinate to him.

        ✴️ Directly Exercised

        ✴️ Exercised through offices subordinate to him

                    🔸 These include UNION COUNCIL OF MINISTERS which has been listed in ARTICLE 74.

                  {*ARTICLE 74 : There shall be a Union Council Of Ministers headed by Prime Minister to aid and advice the President}

By the 42nd Amendment Act Of 1976, it has been stated that the advice of UCOM are binding on President. But in 44th Amendment Act Of 1978, when Morarji Desai was the Prime Minister, it has been stated that the President can send his/her recommendations for only one time and for the second time, that aid and advice would be binding on President.

But, what if President would not take that ais and advice of UCOM for the second time -- it will be categorised as VIOLATION OF CONSTITUTION OF INDIA.

           💠Due to the fact that he/she is Formal Head Executive and Nominal Head Of The State, his/her office is termed as THE OFFICE OF CEREMONY.


❇️Relation Between President And Prime Minister ❇️

Just same as the Indian joint family, where grandparents help the other members with his/her wisdom, President helps the Prime Minister and the Legislature with his/her wisdom. So it can be said that -- President act as a Friend, Philosopher,and Guide to the Prime Minister and there is no conflict of interest between them.

                The veto (suspensive or pocket) is showing that there is no conflict of interest between President & Prime Minister and President works as a friend, philosopher and guide to the Prime Minister.

    🔅 President is the functional part of parliament despite he is not the member of the Parliament. As in ARTICLE 79, it has been stated that :

    ARTICLE 79 : Parliament shall consist of   LOK SABHA+RAJYA SABHA+ PRESIDENT.

   [*The justification of this statement would be that no bill can become a law unless it is passed by Lok Sabha, Rajya Sabha and has got an assent of President]

🌐 POWERS RELATED TO THE PRESIDENT OF INDIA :--

            🔅Veto : Suspensive Veto and Pocket Veto

            The President exercises the veto power by delaying his/her assent to any bill which has been already passed in Lok Sabha and Rajya Sabha. At maximum, he/she can only delay the bill as if he/she ceases assent to any bill, then the bill will become null and void.

       These all reasons proves that " President act as a friend, philosopher, and guide to Prime Minister" as it is the core property of democracy that *Executive Is Responsible To Legislature.

        🔅 Discretionary Power 

     This is a very important power of President to invite single largest party or single largest pre pole allience to form a stable and responsible government on his/her will.

       After the SR BOMMAI CASE OF 1993, the discretionary power of President is not that much discretionary but still a crucial power of the President.

          🔅 Emergency Provision 

      National Emergency can be declared on the grounds of "External Aggression or War" also known as armed rebellion. In this time all the powers get concentrated to the president of INDIA. And it is the President only , war or emergency after the consultation of cabinet ministers headed by the prime minister. As ARTICLE 53 states that without any exceptions, President is the SUPREME COMMANDER OF ARMED FORCES OF INDIA.

       🔅Ordinance : Executive Making Law When Legislature Is Absent 

  This ordinancy power of President is mentioned in ARTICLE 123.

      ARTICLE 123 : President Can Make A Law When Legislature Is Not In Session For Maximum Of 6 Months But Once The Legislature Comes In Session, They Have To Approve That Law Within 6 Weeks Otherwise It Will Become Null And Void.





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