Discuss the President’s role as a protector to sanctity of the Indian constitution. Analyse the constitutional powers and constraints placed on the President in India’s parliamentary system. (250 Words) (GS-3 Indian Polity)

The President of India (Article 52), often termed as the ‘First Citizen,’ holds a pivotal position in the constitutional framework. While being the ceremonial head, the President also shoulders the responsibility of upholding and protecting the sanctity of the Constitution, symbolising the position’s gravity in India’s democracy.

President’s Role as a Protector of the Sanctity of the Indian Constitution

• Upholding the Constitution: The solemn oath taken by the President, as mandated by Article 60, to “preserve, protect, and defend the Constitution and the law,” serves as a binding commitment. This vow not only signifies personal dedication but also the overarching responsibility of the highest office to ensure constitutional fidelity.
• Emergency Provisions: Articles 352 (National Emergency), 356 (State Emergency), and 360 (Financial Emergency) empower the President to declare different forms of emergencies. This authority, though formidable, acts as a safety valve ensuring the nation’s governance remains anchored to constitutional values, especially during challenging times.
• Guardian of Federalism: The duty to appoint Governors, as outlined in Article 155, underscores the President’s role in maintaining the balance of power between the Centre and States, serving as a custodian of India’s federal framework by overseeing Centre-State relations.
• Moral Stewardship: Through addresses to the nation, particularly those mandated under Article 87 (Special address by the President), the President constantly reminds the citizenry and institutions about their constitutional roles, rights, and responsibilities.
• Final Check on Legislation: The veto power, as defined in Article 111 (Assent to Bills), bestows upon the President the authority to review and reassess legislation. This power ensures that any law that may not align with the Constitution’s spirit undergoes scrutiny, making the President the final custodian of legislative sanctity.
• Upholder of Rights: The presidential power outlined in Article 72, which allows for pardoning, reprieving, commuting, and remitting sentences, not only demonstrates executive authority but also underscores the role in safeguarding citizens’ rights, particularly in cases of potential judicial errors, thus upholding justice.
• Neutral Arbiter: Being apolitical, the President is expected to act without prejudice and partisanship. This neutrality is crucial in ensuring the unbiased interpretation and application of constitutional provisions, thus safeguarding the principles of justice and equality enshrined in the Constitution.

Constitutional Powers Given to the President in India’s Parliamentary System

• Legislative Powers:
  • Summoning and Proroguing Parliament: Under Article 85, the President has the duty to ensure that the Houses of Parliament meet regularly.
  • Assent to Bills: As per Article 111, every bill approved by the Parliament requires the President’s assent to become law.
• Executive Powers: Article 53 establishes the President as the supreme executive entity of the country, but in practice, these powers are exercised by the Council of Ministers on the President’s behalf.
• Judicial Powers: Under Article 72, the President has the prerogative to grant pardons, respites, or remissions of punishment, especially in cases involving the death penalty, ensuring that the justice system has an additional layer of review.
• Diplomatic Powers: The President, as indicated in Article 53, is India’s chief diplomatic figure, representing the nation in foreign matters, and ratifies international treaties and agreements.
• Commander-in-Chief of the Armed Forces: The President holds the rank of the Supreme Commander of the country’s defence forces as per Article 53, ensuring the defence and security of the nation.
• Veto Powers: Under Article 111, the President has three vetoes: absolute (withholding assent), suspensive (returning for reconsideration), and pocket (neither assenting nor rejecting). These powers ensure a final legislative check before a bill becomes law.
• Ordinance Making Power: As detailed in Article 123, during times when Parliament is not in session and urgent legislative action is needed, the President has the authority to issue ordinances, ensuring continuous legislative efficacy.

Constraints Placed on the President in India’s Parliamentary System

• Bound by Advice:
  • Initially, the President had the liberty to act as per discretion on the advice of the Council of Ministers.
  • However, the 42nd Amendment in 1976 modified Article 74 to specify that the President shall act according to such advice. This effectively curtailed the President’s discretion.
  • The subsequent 44th Amendment in 1978 provided a slight modification: the President can now send the advice back for reconsideration. If the Council of Ministers sends the same advice again, the President is bound to act on it.
• Discretionary Powers: Although the President has some discretionary powers, these are not explicitly defined in the Constitution and are situational in nature.
  • Example: When no party has a clear majority in the Lok Sabha, the President has the discretion to invite the party or the coalition of parties to form government.
• Impeachment: Article 61 of the Constitution allows for the impeachment of the President if they violate the Constitution. Impeachment can be initiated in either House of Parliament and requires a two-thirds majority in both Houses to proceed. This process acts as a check on the President’s powers and actions.
• Checks on Veto Power: Article 111 grants the President veto power over bills, but this power doesn’t apply to constitutional amendment bills. If an ordinary bill is returned by the President and then passed again by both Houses of Parliament, the President is obligated to give assent to it. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a Constitutional Amendment Bill.

Conclusion

In the Indian parliamentary framework, the President represents a harmonious blend of authority and checks tasked with safeguarding the Constitution. The President operates in coordination with the Council of Ministers, and this balanced design ensures that the President can act decisively when necessary while remaining in line with the collective mandate of the nation’s elected representatives.