describe the excutive power of president
Answers
Answer:
Explanation:
India’s Council of ministers is responsible to Lok Sabha. If the president ignores the advice of ministers enjoying the confidence in Lok Sabha, it may resign and thus create a constitutional crisis. So, it is obligatory on the president to have always a council of ministers.
1 If he dismisses any ministry having support of Lok Sabha, they may bring impeachment proceeding against him. This serves as a deterrent against the president assuming real powers
2 In the appointment of prime minister, the president’s discretion is limited. Thus when a single party gains an absolute majority and has an accepted leader, president’s choice of selecting prime minister is a mere formality, similarly, if on the death or resignation of a prime minister , the ruling party elects a new leader, president has no choice but to appoint him as prime minister.
3 However, if no single party gains majority and a “coalition government” is to be formed, president can exercise a little discretion and select the leader of any party who, in his opinion, can form a stable ministry. However, even in such a situation, his action should be guided by certain conventions. President may first invite a person and appoint him the prime minister and then ask him to prove his majority or seek a vote of confidence in the Lok Sabha within a reasonable time.
4 The individual ministers hold the office during the pleasure of the president, but president is bound to exercise his pleasure in accordance with prime minister ‘s advice. Thus, it is a power of prime minister against his (Undesirable) colleagues.
5 So long as prime minister and his cabinet enjoy confidence, the president is bound to dissolve Lok Sabha only when advised by prime minister. But, this advice will not be binding on the president, when prime minister loses his majority or unable to prove his majority or a vote of non-confidence passed against him or when he is not facing the parliament, but president has proof that ruling does not have a majority. In such circumstances, the president must try to find out whether any alternative ministry can be possible. He should make all possible efforts to avoid a mid-term poll.
6 Article 78 provides that it shall be the duty of prime minister to communicate to the president all decisions of council of ministers relating to administration of affairs of union and proposals for legislation; to furnish such information relating to administration as president may call for; and if the president so requires to submit for the consideration of council of ministers any matters on which’s decision has been taken by a minister but which has not been considered by the cabinet.
7 The president has a right to know what his government is doing or proposes to do. But the question how much information is to be furnished by prime minister to the president is his prerogative. This should be a matter to be resolved by mutual confidence and cooperation between the two.
8 Thus, India has a president but not a presidential form of government, as found in America. The American president is the real executive head and is directly responsible to the people, who elect president. American president is the chief head of executive, and administration is vested in him, and he appoint members of cabinet who are responsible to him. While, Indian president is head of the state but not the real executive. He represents the nation but does not rule the nation, as India has a Parliament system of government.
Is President a Puppet?
It is submitted that it would have never been the intention of the framers of constitution to make the president a puppet or a passive spectator. In view of the oath taken by the President ……… to preserve, protect and defend the constitution and law, and that……….. devote myself to the service of people of India, President is duty bound to advice to guide and exert his influence on decisions taken by the prime minister. Thus the president can exercise a persuasive influence. His role is at best advisory.
Question-
Describe the excutive power of president.
AnsweR:-
- The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.