contribution of past president in shaping india concludion
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Answer:
In the previous pages the historical background and incorporation
of the provision of President’s Rule in the Indian Constitution has been
traced. In this connection the Government of India Acts as well as the
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discussions in the Constituent Assembly has been referred. Further, the
specific and mainly the controversial instances of imposition of Article 356
in various states have been discussed with an analysis of the background
in reference to different published works, and reports ofthe Governors,
where available. Having done that, an assessment of the intervention of
the judiciary in exercise of its power of judicial review has also been
evaluated with the help of the decided cases in the area. Furthermore, an
assessment of the constitutional and legal ramifications of the Article has
been elicited through the discussion of various materials and decided
cases. In this the role of the President, the Governor as well as the
Parliament has also been discussed. Further, the role of the judiciary and
its contribution to the evolution of the operation of the provision has also
been examined. Finally the conclusions of the study along with some
suggestions are to be placed below.
The Constitution of India envisaged a system of parliamentary
democracy at both Central and State level operating within the framework
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of a federal structure, “with unique safeguards for enforcing national unity
and growth.1 This very uniqueness of controlling centrifugal tendencies in
the Indian constitution has been at times subjected to manipulative use
and abuse drawing criticism from different quarters. A federal system with
a centrist bias, however, cannot be worked if the attitudes of the political
parties who are responsible for running it are contradictory.2 Therefore,
what needed is the inculcation of a federal spirit in the government and
the polity to achieve the desired success of the system.
Article 356 in action adds a new phenomenon to the functioning of
the Indian federo-parliamentary democracy. The desire of the framers to
treat it as ‘dead letter’ or to consider as if it is not in the Constitution has
been belied and in fact, over the years, it has become the most alive
provision of the Constitution. The activities in this area has drawn
comments that the naked exercise of Union power under Article 356 has
belied all the hopes for the proper evolution of the federo-parliamentary
system in India.3 The uses of Article 356 at times have seemingly violated
what has been earlier referred to as the ‘federal spirit’. There are of
course, differing views on this.:
The President of India is the Head of State of India, and the Commander-in-chief of the Indian Armed Forces. He is a titular head with certain powers. With the Presidential elections fast approaching, here is a recap of the role of the President of India.
Powers
The President of India, the First Citizen of India, has the following powers:
Executive Powers
As per Article 53 of the Constitution of India, the President has the following executive powers:
1- A right to be informed of all of the nation’s affairs.
2- Powers to appoint and remove high Constitutional authorities, including the prime minister and the council of ministers.
3- Appointments of the judges of the Supreme Court and the High Courts, the state governors, the attorney general, the comptroller and auditor
general (CAG), and the chief commissioner and members of the election commission are made in his name.
Legislative Powers
1- The President is always the first to address the Parliament during the budget session.
2- In case of a deadlock in legislation process between the two houses of Parliament, the President summons a joint session to break the impasse.
3- Presidential sanction is mandatory for a legislation such as creating a new state, or changes in the boundary of existing states, or a change in the name of a state.
4- Legislation dealing with fundamental rights under the Constitution require the President’s consent.
5- Money bills introduced in the Lok Sabha require the President’s consent.
6- All bills passed by Parliament need the President’s consent before becoming law.
7- The President is responsible for promulgating ordinances or emergent legislation during Parliament’s recess.
8- He nominates the members to both the Houses.
Military Powers
As the Supreme Commander of the Indian Armed Forces the President plays the following role:
1- All officers’ appointments are made by him or her, including that of the chiefs.
2- The country declares war in the name of the President.
3- The country also concludes peace in the name of the President’s
Diplomatic roles
The President of India plays a vital role in maintaining diplomatic and cordial relationships with other countries across the globe.
1- The country’s ambassadors and high commissioners are his representatives in foreign land.
2- He also receives the credentials of diplomatic representatives of foreign countries.
3- The President also negotiates treaties and agreements with other nations prior to ratification by Parliament.
Judicial powers
The President has the privilege of judicial powers.
1- He rectifies judicial errors
2- Has the power to grant pardons and reprieves from punishment.
3- The President can also seek the opinion of the supreme court on legal and Constitutional matters and on matters of national and people’s interest.
Financial Roles
1- The Contingency Fund of India is at the disposal of the President of India.
2- He causes the presentation of audit reports before Parliament.
3- He also receives the report of the finance commission and acta on its recommendations.
Emergency Powers
The Constitution of India envisages three kinds of emergency powers on the President.
1- During any national emergency which puts the country’s security at peril, either from external aggression or armed rebellion within, the President has the power to declare a state of emergency. The President’s Rule is then established in the state. However, such emergency has to be recommended by the Prime Minister and the cabinet.
2- The President can declare a State emergency based on political emergency due to Constitutional or law and order breakdown. The Governor’s Rule is then established in the state.
3- The President has the power to intervene when the financial stability of the country or any state is seriously affected. The President has the power to direct a state government to observe prudence in public expenditure.