As some opposition parties led by Congress meet on Thursday to decide on their presidential candidate to take on Ram Nath Kovind, they face an uphill contest. While there is no doubt that the ruling NDA alliance has a significant majority in the electoral college (comprising all elected MPs and MLAs of India), one can never discount the possibility of an "upset". This is because unlike in voting by elected representatives in Legislative Assemblies and Parliament, party whips cannot be issued in voting for presidential elections. This means members of the electoral college can always exercise their choice as per "conscience".
Incidentally, it was this conscience voting that helped VV Giri get elected as president in 1969, even though he was not the official Congress candidate. That was Neelam Sanjeeva Reddy. But India witnessed theunprecedented spectacle of then prime minister Indira Gandhi openly defying the party directive and supporting Giri, and asking her followers to give a conscience-vote.
Incidentally, the 1969 elections also marked the beginning of the politicisation of the Office of President. Till then, India had outstanding men of intellect and integrity as presidents Rajendra Prasad, Radha Krishnan and Zakir Hussein. One is not belittling Giri's credentials, but the fact remains that his election marked the onset of the trend of the ruling party at the Centre installing party loyalists as presidents with a clear idea that the person occupying the highest constitutional position of the country will act not only as a rubber stamp of the government of the day but also be a symbolic factor to play nefarious identity politics of caste, creed and gender.
Ram Nath Kovind meets BJP president Amit Shah after being named NDA candidate for President. PTI
The importance of Kovind's caste has been argued in Firstpost, especially considering the forthcoming Assembly election in Gujarat. But we have seen how Indian presidents have been chosen in the past on the basis of them happening to be women or Muslims. It was only in 2002 that there was an exception to this trend when the then NDA government went for a consensus candidate in APJ Abdul Kalam, a non-politician (His predecessor KR Narayanan, though a career diplomat, had joined the Congress party and was a minister in the Narasimha Rao regime under the Dalit-quota).
In other words, the politicisation of the president's office has degenerated over the last 50 years. And nobody is talking of persons of eminence and competence occupying the exalted office. But it's fast becoming clear that the caste, gender and religion of a candidate now assumes more importance.And that is why we hear the need of a Muslim president, a woman president, ora Dalit president.
It's a great pity that this is the case, considering that thePresident of India is expected to play a very vital role as perour Constitution. If one reads the Constitution, the term "president" appears 598 times, compared to only 15 mentions of "prime minister". Under Article 53 of the Constitution, the executive power of the Union shall be vested in the president, and shall be exercised by him "either directly or through officers subordinate to him". The same article also vests in the president the "supreme command of the defence forces of the Union".
And if one goes by articles 75, 78 and 86 of the Constitution, the president can direct the Cabinet to discuss any subject, dismiss any minister, and address one or both Houses of Parliament to proffer opinion on any subject. The prime minister must brief the president on all administrative matters as directed by the latter. All promotions, transfers, demotions and dismissals of officials are under the president's name and subject to hisdiscretion.
But as we all know, the real power in the country is actually exercised by the prime minister and his Cabinet. The president does what the prime minister wants him to.That was not exactly the case when our Constitution was framed. There is a powerful school of thought that does not view the Indian president as a titular head of State likethe British monarch. One may not agree with this view, but there does remain a grey area that needs to be clarified by theSupreme Court.
One may cite here the debate between BR Ambedkar, the chairman of the drafting committee of the Constitution, and Rajendra Prasad, president of the Constituent Assembly, and the man who eventually became the first President of India,on 23 May, 1949:
"The president of the Indian Union will be generally bound by the advice of his ministers. He can do nothing contrary to their advice, nor can he do any thing without their advice. The President of the United States can dismiss any secretary at any time. The president of the Indian Union has no power to do so as long as his ministers command a majority in Parliament," Ambedkar had said.
To this, Rajendra Prasad pointed out, "I have my doubts if this word could bind the president. It (the draft Constitution) only lays down that there shall be a council of ministers with the prime minister at the head to aid and advise the president in the exercise of his functions. It does not say that the president will be bound to accept that advice."
Ambedkar then replied, "In all matters within the scope of the executive power of the Union, the president shall, in the exercise of the powers conferred upon him, be guided by the advice of his ministers. We propose to make some amendment to the draft to make things very clear."
Interestingly, however, when the Constitution was finally adopted on 26 January, 1950, Ambedkar's promised amendment of the draft did not find any place. Article 74 only said, "There shall be a council of ministers with the prime minister at the head to aid and advise the president in the exercise of his functions." Nowhere did it say that the president is bound to accept this advice.
No wonder that, during Emergency, prime minister Indira Gandhi did bring out the 42nd Amendment (1976) of the Constitution that said: "There shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in the exercise of his functions, act in accordance with such advice."
However, under the subsequent Janata Party rule, when Morarji Desai was Prime Minister, the 44th Amendment of 1978 was passed, to take care of "the butchering of the Constitution by the 42nd Amendment".
The powerlessness of the president in being bounded by the ministers' advice was diluted, and a second paragraph was added to give the president one chance at having the ministers reconsider the advice. It said, "Provided that the president may require the council of ministers to reconsider such advice, either generally or otherwise, and the president shall act in accordance with the advice tendered after such reconsideration."
Has the debate ended here? Not necessarily.
Words like "such reconsideration" are open to various interpretations. But one thing is clear: It will be wrong to say that the Indian president is exactly like the British monarch, who reigns but does not govern. After all, in this age of coalition politics, when no political party has the legislative majority to form the government on its own, the president can play a huge role in deciding who gets the first invitation to form the government. And this is one of the primary reasons why every party hopeful of forming agovernment after the next general elections will like to have its own person at Raisina Hill.
Even otherwise, under Article 78 of the Constitution, "it shall be the duty of the prime minister" to communicate to the president all decisions of the council of ministers relating to the administration of the affairs of the Union and proposals for legislation; to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the president may call for, and "if the President so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council".
Butconsider a situation when the president exercises the power inherent in Article 78, but the council of ministers headed by the prime minister do not follow this. Andsuch a thing has happened in the past; there were strong speculations that then president Zail Singh was contemplating sacking then prime minister Rajiv Gandhi in the '80s, as communication between the two had broken down following the latter stopping hisweekly meetings with the former.
Obviously, the 42nd Amendment notwithstanding, there are some grey areas which a president can exploit to the great discomfiture of the prime minister. And this explains why the race to Raisina Hill is so interesting. Every prime minister will like to have a president who shares a common vision.
Excerpt from:
- Ascension (TV Mini-Series 2014) - Full Cast & Crew - IMDb [Last Updated On: June 14th, 2016] [Originally Added On: June 14th, 2016]
- Ascension (miniseries) - Wikipedia, the free encyclopedia [Last Updated On: June 19th, 2016] [Originally Added On: June 19th, 2016]
- Ascension of Jesus - Wikipedia, the free encyclopedia [Last Updated On: June 19th, 2016] [Originally Added On: June 19th, 2016]
- Ascension - Wikitravel [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- Ascension Of Jesus - Bible Story Summary [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- CATHOLIC ENCYCLOPEDIA: Ascension - NEW ADVENT [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- Ascension - Season 1 Reviews - Metacritic [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- Home - Ascension Parish [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- Ascension - Sal Rachele [Last Updated On: June 28th, 2016] [Originally Added On: June 28th, 2016]
- Ascension [Last Updated On: June 28th, 2016] [Originally Added On: June 28th, 2016]
- Welcome to our Parish! | Ascension Catholic Church [Last Updated On: June 28th, 2016] [Originally Added On: June 28th, 2016]
- Ascension - Definition and Meaning, Bible Dictionary [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Ascension - Simple English Wikipedia, the free encyclopedia [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Coffee & Wine Bar | Ascension Coffee Roasters Dallas, Texas [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Home - Ascension School [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- What is Ascension | Sandra Walter - Creative Evolution [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Ascension News, Sports and Entertainment | The Advocate [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Welcome to our Parish! | Ascension Catholic Church [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Ascension - Guild Wars Wiki (GWW) [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Ascension - SGCommand - Wikia [Last Updated On: June 29th, 2016] [Originally Added On: June 29th, 2016]
- Ascension (TV Mini-Series 2014) - Full Cast & Crew - IMDb [Last Updated On: July 1st, 2016] [Originally Added On: July 1st, 2016]
- Ascension Ministries and Norm Franz. A Torah Based End ... [Last Updated On: July 3rd, 2016] [Originally Added On: July 3rd, 2016]
- Ascension Energy Program [Last Updated On: July 3rd, 2016] [Originally Added On: July 3rd, 2016]
- Ascension with Mother Earth and Current State of Affairs [Last Updated On: July 3rd, 2016] [Originally Added On: July 3rd, 2016]
- Ascension of Our Lord [Last Updated On: July 18th, 2016] [Originally Added On: July 18th, 2016]
- Clerk of Court - Home [Last Updated On: July 18th, 2016] [Originally Added On: July 18th, 2016]
- 'Ascension': What Syfy Did Better Than Most TV Networks [Last Updated On: July 25th, 2016] [Originally Added On: July 25th, 2016]
- Orgone Radionic Machine | Ascension Energy Program [Last Updated On: August 16th, 2016] [Originally Added On: August 16th, 2016]
- Xcalibur Magnetic Field Generator | Ascension Energy Program [Last Updated On: August 29th, 2016] [Originally Added On: August 29th, 2016]
- Ascension Symptoms & Signs of Spiritual Awakening [Last Updated On: August 29th, 2016] [Originally Added On: August 29th, 2016]
- Ascension Catholic Community [Last Updated On: September 2nd, 2016] [Originally Added On: September 2nd, 2016]
- Crystal Ascension [Last Updated On: September 11th, 2016] [Originally Added On: September 11th, 2016]
- Freedom Resource Center - Ascension_151#151 [Last Updated On: October 11th, 2016] [Originally Added On: October 11th, 2016]
- Ascension (miniseries) - Wikipedia [Last Updated On: October 20th, 2016] [Originally Added On: October 20th, 2016]
- THE LORD OF ASCENSION - gotquestions.org [Last Updated On: October 29th, 2016] [Originally Added On: October 29th, 2016]
- Ascension Parish | News from The Advocate | theadvocate.com [Last Updated On: October 29th, 2016] [Originally Added On: October 29th, 2016]
- Ascension Church - Portland, OR [Last Updated On: October 29th, 2016] [Originally Added On: October 29th, 2016]
- What is Ascension - The Secret Truth About [Last Updated On: November 4th, 2016] [Originally Added On: November 4th, 2016]
- Ascension of Jesus - Wikipedia [Last Updated On: December 2nd, 2016] [Originally Added On: December 2nd, 2016]
- Stankov's Universal Law Press The New General Theory of ... [Last Updated On: December 7th, 2016] [Originally Added On: December 7th, 2016]
- The Plan and Process of Ascension - Spiritual Evolution [Last Updated On: December 7th, 2016] [Originally Added On: December 7th, 2016]
- Ascension Wikipedia [Last Updated On: December 7th, 2016] [Originally Added On: December 7th, 2016]
- Monastery of Ascension - RuneScape Wiki - Wikia [Last Updated On: December 26th, 2016] [Originally Added On: December 26th, 2016]
- Mythology of Stargate - Wikipedia [Last Updated On: January 5th, 2017] [Originally Added On: January 5th, 2017]
- What is Ascension? Energetic Synthesis [Last Updated On: January 8th, 2017] [Originally Added On: January 8th, 2017]
- Right ascension - Wikipedia [Last Updated On: January 13th, 2017] [Originally Added On: January 13th, 2017]
- Ascension (TV Mini-Series 2014 ) - IMDb [Last Updated On: January 29th, 2017] [Originally Added On: January 29th, 2017]
- Latest Ascension Parish Crime Briefs - Donaldsonville Chief - Donaldsonville Chief [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Album Review: THE OMINOUS CIRCLE Appalling Ascension - Metal Injection.net [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Former Ascension coaches make HOF - Donaldsonville Chief [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- 2 killed in crash Sunday afternoon in Ascension Parish - KLFY [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Card Coming Together For Saturday's FIP: Ascension - FloSlam [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Impairment suspected in Ascension Parish crash - Weekly Citizen [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Ascension opens first clinic under new unified name - St. Louis Business Journal [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Crime cameras go live in Ascension Parish with plans for more - WBRZ [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- TowerFall Ascension Review - TrueAchievements [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Ascension to move forward on street widening and intersection projects - WBRZ [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Mojo Rawley Works Dark Match, Ascension / Vaudevillians Note, The New England Patriots Celebrate With Their ... - Wrestlezone [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Harry Kane Reflects on Tottenham's Ascension and Mauricio Pochettino's Influence - HotspurHQ [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Complete Construction Contractors owner arrested on counts of post-flood contractor fraud in Ascension - The Advocate [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Governor likely in Tamil Nadu today, but may bide time over Sasikala's ascension - Times of India [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Tour Ascension executive director among leadership academy graduates - Weekly Citizen [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Girls soccer playoffs: Mount Carmel dominates East Ascension, moves to quarterfinals - The Advocate [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Ascension, Livingston, St. James parishes pick up pieces after tornadoes - The Advocate [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- FIP: Ascension Preview: What's Next From Uncle John's Friends? - FloSlam [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Contestants Chosen for 2017 Ascension Idol Competition - TheCreole.com (press release) (blog) [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Ascension Parish Sheriff's Office investigating fake Facebook page - WBRZ [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Ascension Parish arrest report - News - Gonzales Weekly Citizen ... - Weekly Citizen [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Tower Ascension Xbox One review enter the Dark World - Metro [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Ascension Announces New Album "Under The Veil Of Madness" - Metal Underground [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- The angels announce the Ascension; Angels: Day 203 - Patheos (blog) [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Patricia Maryland, Dr.PH, to Become President and CEO of Ascension Healthcare - Michronicleonline [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Boys basketball: East Ascension takes physical game against ... - The Advocate [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- The Shady Ascension of Luther Strange - New Republic [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- FIP Ascension 2017 live results thread: Yehi vs. Cage - Cageside ... - Cageside Seats (blog) [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Regional sewer plans in Ascension appear headed for another set back - The Advocate [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- WWE News: The Ascension's Viktor responds to WWE excluding them in a video - Sportskeeda [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Chandler, East Ascension driving toward a higher goal as postseason arrives - The Advocate [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Elimination Chamber 2017 Results: American Alphas Defeats The Ascension - Business 2 Community [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Utah Jazz: Brad Stevens Praises Gordon Hayward's All-Star Ascension - Purple & Blues [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]