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Is President A Mere Figure Head


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Is President A Mere Figure Head

  1. 1. The President is a mere figure head: Critics Satya Ranjan Swain B.A.LL.B (3 rd . Sem.)
  2. 2. AGENDA <ul><li>Aims And Objectives Scope And Limitation Research Methodology Hypothesis Is The President, Really A Mere Figure Head? Prime Minister vis-a-vis President </li></ul>
  3. 3. Aims and Objectives <ul><li>The President is a figure head or not. We can’t simply accept the same, just having a look on the politics of the country. For a clear and correct view, we have to look the provisions given in the constitution. So, the aims and objectives is to critically study about the position and the power of the President. Hence, the statement often stated by some of the Constitutionalist about the President can be effectively answered. </li></ul>
  4. 4. Scope and limitation <ul><li>The scope of this project is confined to the powers and position of the President. The intension of the members of the Constituent Assembly will majorly focused throughout the preparation of this project. Different provisions laid down in the constitution, which clearly empowers the President will be analysed in this project. But due to the lack of time and inadequate materials the researcher could not cover the position of all the President of the Independent India in details. </li></ul>
  5. 5. Research Methodology <ul><li> The researcher has used the doctrinaire methodology which includes analytical, descriptive and comparative method, throughout the preparation of this project. </li></ul>
  6. 6. HYPOTHESIS <ul><li>The Indian President can’t be similar with that of the British Crown, who would reign and not rule. English monarch has no power while Indian President is adorned with the power of discretion. So, the President of India is not a mere head. </li></ul>
  7. 7. ISSUES <ul><li>Is the President of India, really a figure head? </li></ul><ul><li>How the Constitution reacts to it? </li></ul><ul><li>What was the intention of the members of the Constituent Assembly regarding the position of the President? </li></ul><ul><li>Who is more powerful? The Prime Minister or the President. </li></ul>
  8. 8. <ul><li>In the Constituent Assembly, Nehru said the President was not to have “any real power” but neither was he to be “a mere figure head.” As Prime Minister, however he made clear he would brook no opposition from the President. Rajendra Prasad had said as president of the Constituent Assembly that the Constitution did not “lay down that the president is bound to accept the advice [of the cabinet].” But as President of India, he did whatever Nehru advised him to do. </li></ul>
  9. 9. INTRODUCTION <ul><li>Our preamble of the Constitution clearly states that India, as a republic. </li></ul><ul><li>The President is not directly elected but indirectly. </li></ul><ul><li>The office of the President of India is created by Article 52 of the Constitution. </li></ul><ul><li>The Indian Constitution has only one vesting clause i.e. Art. 53, which clearly states that “the executive power of the Union shall be vested in the President…” That means the Parliament has power to confer only the functions of the President on any other authorities and not the powers. </li></ul>
  10. 10. why THE PRESIDENT is called.. <ul><li>The first cause may be that the President is the head of the State, not of the Government. </li></ul><ul><li>Secondly India does not have Presidential form of Government. </li></ul><ul><li>Thirdly, British tradition still prevails in our constitution. </li></ul><ul><li>The last but not the least the president works on the advice of the Ministry. </li></ul>
  11. 11. IS THE PRESIDENT, REALLY A MERE FIGURE HEAD? <ul><li>Normal power </li></ul><ul><li>Military power </li></ul><ul><li>Diplomatic power </li></ul><ul><li>Legislative power </li></ul><ul><li>Financial power </li></ul><ul><li>Judicial power </li></ul><ul><li>Ceremonial power </li></ul><ul><li>Discretionary power </li></ul><ul><li>Ordinance making power </li></ul>
  12. 12. Oath <ul><li>“ I, [name], do swear in the name of God (or solemnly affirm) that I will faithfully execute the office of President (or discharge the functions of the President) of the Republic of India, and will to the best of my ability preserve, protect and defend the Constitution and the law , and that I will devote myself to the service and well-being of the people of Republic of India.” </li></ul>
  13. 13. <ul><li>The President can exercise his functions directly without the advice of the council of ministers or others, which is otherwise known as the discretionary power . The President can appoint any one as Prime Minister whenever no party secures majority in the Lok Sabha. Secondly, he can dissolve the Lok Sabha without the suggestion of the Prime Minister whenever the Government becomes minority on the floor. </li></ul>
  14. 14. <ul><li>The president is empowered to declare emergency, which is very important and unique in nature. </li></ul><ul><li>According to Article 352-due to war, external; aggression or armed rebellion. </li></ul><ul><ul><li>Article 356 -the failure of the constitutional machinery in a state </li></ul></ul><ul><ul><li>Article 360-a treat to financial stability or credit of India and any other part thereof, emergency can be declared. </li></ul></ul>
  15. 15. <ul><li>If the President has no role to play then why should he be impeached? If the President is not responsible to preserve protect and defend the Constitution and his only job is to sign the bill, how come he be impeached for signing an illegal Bill, which is send by the Parliament? </li></ul>
  16. 16. PRESIDENT VIS-A-VIS PRIME MINISTER! <ul><li>It is often said that the Prime Minister is the real and the President is the constitutional head. Some argues that the Prime Minister is the leader of the majority party in the lower house of the Parliament or leader of the coalition govt. So, he is more powerful than the President. But it is at the same time true that the President is the representative of both the house and the State legislatures. So, Constitutionally the President is more powerful due to his large representative character . </li></ul>
  17. 17. LOOK HERE THE PRESIDENT…POWERFUL! <ul><li>President Z. Singh withheld assent to a Bill passed by Parliament that gave powers to the State to intercept mail . This was considered by the President to be an encroachment on citizens' freedom of speech and liberty as guaranteed by the Constitution. </li></ul>
  18. 18. <ul><li>President Venkataraman withheld assent to a Bill passed by the outgoing Parliament that gave pension benefits to themselves. This was interpreted by the President to be self-aggrandizement. </li></ul>
  19. 19. <ul><li>President K. Narayanan introduced the important practice of explaining to the nation the thinking that led to the various decisions he took while exercising his discretionary powers; this has led to openness and transparency in the functioning of the President. </li></ul>
  20. 20. <ul><li>The Parliamentary elections, since the nineties, have generally not resulted in a single party or group of parties having a distinct majority. In such cases, Presidents have used his discretionary power and invited the Prime Ministerial aspirants to form the government. </li></ul>
  21. 21. RECENT DIALOGUES <ul><li>Bhairon Singh Shekhawat, said the nation should not have a 'rubber stamp' President who signs every file without reading it and understanding its implications. </li></ul><ul><li>The first president of India Mrs. P. Patil, has assured that she won’t be a merely figure head. </li></ul>