Constitutional Position of President >> Prior to 1976,there was no express provision in the Constitution that President was bound to act in accordance with the advice rendered by the council of ministers through it was judicially established that the President was bound to act according to the advice of ministers. The Supreme Court held that Constitution has adopted the Parliamentary form of Government. In such an arrangement the head of the state is not the real executive head. Executive power is in council of ministers responsible to the parliament. Therefore,head of government is the Prime Minister.Therefore President is bound to accept the advice of council of ministers.He can not do anything without the advice of Prime Minister. Furthermore,it is imperative to always have a council of ministers President cannot exist or exercise his executive power without a council of ministers to advise him. The Court stated that Article 53 should always be read with Article 74. The Article 74(1) after 42nd amendment states that there shall be a council of ministers headed by a Prime Minister to give aid and advice to the President who shall act in accordance with the advice 44th Amendment Act further amended the Art 74(1) empowering the President to refer the advice to council of minister for reconsideration.However ,he has to act according to the reconsidered advice Whether the Indian President is constitutional or a figure head ? => Constitutional head means office is mostly ceremuonial but under extra-ordinary situation it is functional as well ,while figure head means office is ceremonial and never functional.
Posted on: Sun, 19 Jan 2014 04:38:09 +0000
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