1) Introduction: Parliamentary Executive & Dualism

India follows a Parliamentary form of government where the executive power is distinguished between a nominal/formal head and a real head. The President of India is the Head of the State and the formal repository of the executive power, while the Council of Ministers headed by the Prime Minister is the real executive that governs. This dual executive structure, inspired mainly by the Westminster model, is carefully calibrated by the Constitution to promote stability, cabinet accountability to the elected House, and continuity of state action even amidst political change.

In constitutional practice, almost every presidential decision is taken on the aid and advice of the Council of Ministers. The binding nature of advice, the limited discretion, and the President’s ability to counsel, caution and encourage the government together define the unique Indian equilibrium between symbolism and substance in the highest office.

2) Constitutional Scheme: Articles 52–78

Articles 52–62 deal with the President’s establishment, election, qualifications, oath, conditions, and vacancy; Articles 72–78 set out powers and the Council of Ministers framework; Articles 85, 111, 123 outline key legislative interactions (summoning, assent, ordinances). The four pillars of the scheme are:

3) Election, Qualifications, Oath & Tenure

Election (Art. 54–55): The President is elected by an Electoral College consisting of elected members of both Houses of Parliament and of the Legislative Assemblies of States (including Union Territory of Delhi and Puducherry). The election uses a system of proportional representation by means of the single transferable vote with voting by secret ballot. The value of MLA votes is linked to the State’s population; MP votes equalize the total MLA vote value with the total MP vote value.

Qualifications (Art. 58): Citizen of India, 35 years of age, eligible for Lok Sabha membership, not holding office of profit. Oath (Art. 60): to preserve, protect and defend the Constitution and the law, and to devote oneself to the service and well-being of the people.

Tenure and Vacancy (Art. 56–57, 62): Five years; eligible for re-election; resignation to the Vice-President; removal via impeachment for violation of the Constitution. In the event of vacancy, the Vice-President acts as President, and an election must be held within six months.

4) Powers of the President

4.1 Executive Powers (Art. 53, 77)

All executive action of the Government of India is expressed to be taken in the name of the President. The President appoints the Prime Minister and, on the PM’s advice, other Ministers; appoints key constitutional authorities (Chief Justice and Judges of the Supreme Court and High Courts, CAG, Governors, CEC/ECs, UPSC Chairman and Members, etc.), Ambassadors, and strategic authorities. In practice, the appointments process is routed through the CoM and institutional mechanisms (e.g., collegium for higher judiciary), reflecting the real executive’s primacy.

4.2 Legislative Powers (Arts. 85, 111, 123)

• Summons and prorogues Parliament; dissolves Lok Sabha on advice.
• Addresses both Houses; sends messages; lays reports.
• Assent to Bills, with a power to return non-Money Bills for reconsideration once; if passed again, must assent.
• Ordinance power when Parliament is not in session: an emergency legislative power subject to parliamentary review and judicial limits; ordinances lapse six weeks after reassembly unless replaced by an Act.

4.3 Judicial Power (Art. 72)

Power to grant pardons, reprieves, respites, remissions, or commutations of sentence in cases of Court-martial, offences against Union law, and death sentences. Although formally vested in the President, these are exercised on the aid and advice of the CoM after review by Home Affairs and concerned authorities. Judicial review ensures consideration of relevant material and absence of extraneous or mala fide factors.

4.4 Emergency Powers (Arts. 352, 356, 360)

Emergency provisions enable extraordinary measures: National Emergency (war, external aggression, armed rebellion), President’s Rule in States (breakdown of constitutional machinery), and Financial Emergency. In each case, the President acts on the CoM’s advice; however, constitutional safeguards and judicial scrutiny curb misuse (e.g., the SR Bommai jurisprudence on federalism and Article 356).

4.5 Diplomatic, Military & Miscellaneous Powers

The President represents India internationally, appoints diplomatic envoys, receives credentials, and concludes treaties and agreements (subject to parliamentary control where legislation is required). The President is the Supreme Commander of the Defence Forces; the real control is exercised by the CoM, with civilian supremacy anchored in democratic accountability.

5) The President’s Position in Indian Parliamentary Democracy

The President is often described as a constitutional or nominal head. But this does not reduce the office to mere ceremonialism. The President is part of Parliament, the link between the three organs, and a guardian of constitutional propriety. The position can be summarized as follows:

• Formality with responsibility: Acts are issued in the President’s name; Constitutional oath and duties anchor a standard of constitutional guardianship.
• Advice is binding, not blind: Advice must be followed but the President may seek reconsideration once. This allows gentle correction without usurping policy choices.
• Moral suasion: The President can counsel, warn, and encourage ministers (Bagehot’s spirit) through structured briefings and the PM’s duties under Article 78.
• Continuity of the State: The office ensures continuity during political transition (e.g., hung Houses, caretaker governments, national crisis).

6) Doctrine of Aid & Advice (Article 74): Evolution & Scope

Text & Evolution: Article 74(1) originally stated that there shall be a Council of Ministers “to aid and advise the President”, without explicit bindingness. The 42nd Amendment (1976) clarified that the President “shall act in accordance with such advice”. The 44th Amendment (1978) preserved bindingness but permitted the President to require the Council to reconsider advice once. After reconsideration, the President must act as advised.

Scope: The advice covers all executive action unless the Constitution itself contemplates a personal satisfaction or a specific procedure. Even in such pockets, courts have increasingly read the “satisfaction of the President” as the satisfaction of the Council. The doctrine ensures democratic accountability of executive decisions to the Lok Sabha through the CoM, not to the President.

7) Council of Ministers: Composition, Functions & Responsibility

Composition: Prime Minister + Ministers (Cabinet, Ministers of State (independent charge), Ministers of State, Deputy Ministers). The PM is appointed by the President; other ministers are appointed on the PM’s advice (Art. 75(1)).

Collective Responsibility (Art. 75(3)): The CoM is collectively responsible to the Lok Sabha. If it loses confidence, it must resign. This is the primary constitutional check on executive power and the reason advice is binding on the President: accountability tracks power.

Business Rules (Art. 77): The President makes rules for the convenient transaction of government business and allocation among ministers. These are formal instruments; the political substance is controlled by the CoM.

PM’s Duties (Art. 78): The PM keeps the President informed of all decisions and proposals, submits matters for cabinet consideration if required by the President, and circulates information the President calls for. Article 78 operationalizes the President’s right to be informed and to advise discretely.

8) President–Council Relationship: Working Rules & Conventions

The relationship is a mix of textual rules and constitutional conventions—unwritten norms developed to keep the machine running smoothly. Key elements include:

• Appointment of PM: The President appoints the leader who is most likely to command Lok Sabha confidence. In a clear majority House, convention dictates inviting the recognized leader of the majority party/alliance. In a hung House, limited discretion operates in identifying the likely leader, usually verified via letters of support.
• Appointment and dismissal of Ministers: Ministers hold office at the pleasure of the President, but pleasure means the PM’s advice. Dismissal without PM advice would violate the scheme.
• Summoning/Dissolution: The President acts on advice. In certain grey situations (e.g., no viable government), the President may wait to see if an alternative emerges before dissolving.
• Assent to Bills: Return once for reconsideration is a structured nudge. After repassage, assent is mandatory.
• Ordinances: The President scrutinizes whether circumstances justify immediate action; ordinance advice is also subject to later parliamentary control.
• Pardons: The President ensures that the Home Ministry’s file reflects due application of mind; constitutional standards such as fairness, absence of arbitrariness, and relevant considerations govern.
• Emergency Proclamations: Typically on cabinet advice authenticated by the PM; parliamentary approval within constitutional time limits is mandatory.

Thus, the President is not a rival power centre but a constitutional sentinel ensuring due process, consultation, and continuity while faithfully giving effect to cabinet policy.

9) Case Law & Judicial Interpretation

9.1 Shamsher Singh v. State of Punjab (1974)

This landmark decision clarified that the “satisfaction of the President” is ordinarily the satisfaction of the Council of Ministers. The President and Governors are constitutional or formal heads; all their functions must be performed on the aid and advice of their respective Councils except where the Constitution expressly provides otherwise. The Court emphasized the parliamentary nature of India’s executive and the centrality of cabinet responsibility to the legislature.

9.2 U.N.R. Rao v. Indira Gandhi (1971)

The Supreme Court recognized that the Council of Ministers continues even after the dissolution of the Lok Sabha and until a new House is constituted, thereby ensuring continuity of executive power. The President is not expected to act personally in this interregnum; cabinet government persists.

9.3 S.R. Bommai v. Union of India (1994)

The Court reshaped the law on Article 356, holding that the satisfaction leading to President’s Rule is justiciable. Federalism is a basic feature; the misuse of Article 356 is subject to judicial control, and floor tests are the appropriate method to ascertain legislative support. Although the case concerned Governors and States, the principles curb presidential/executive discretion and re-affirm cabinet accountability within constitutional limits.

9.4 Other Notables

• R.C. Cooper (Bank Nationalization, 1970) and later jurisprudence underscore that executive action in the President’s name is reviewable for compliance with fundamental rights and reasonableness.
• Kehar Singh (1989) and subsequent cases hold that mercy petitions under Article 72 can be judicially reviewed on limited grounds (mala fides, irrelevant considerations, arbitrariness).
• Nabam Rebia (2016) though on the Governor’s powers, enriches the broader doctrine that constitutional heads must act on ministerial advice save in narrowly carved exceptions.

10) Discretionary Space & Constitutional Limits

Does the President have any discretion? The textual and judicial consensus is that discretion is narrow and exceptional. Examples often cited:

• Appointing a PM in a hung House where no group has a clear majority — discretion to identify the person most likely to command confidence, typically tested by a floor vote.
• Seeking reconsideration of ministerial advice once under Article 74(1) post-44th Amendment.
• Sending a Bill back under Article 111 for reconsideration (non-Money Bills) — but assent becomes mandatory if the Bill is passed again.
• Time-limited prudential judgment in dissolution/ summoning decisions when political fluidity demands verification of stability.

Even in these spaces, the President is expected to be guided by constitutional conventions, neutrality, and the objective of maintaining democratic government. The President does not exercise a political veto; the office enables constitutional counseling.

11) Comparative Glance: UK, Ireland, France

12) Previous Year Questions (Illustrative)

These PYQ-style prompts reflect the pattern of the Law Optional papers. Use them to rehearse structure and case law integration.

1. “Discuss the constitutional position of the President of India with special reference to the aid and advice of the Council of Ministers under Article 74. How did the 42nd and 44th Amendments alter the scheme?”
2. “Critically examine the scope and limits of the Ordinance-making power of the President under Article 123. Refer to case law.”
3. “Explain the doctrine of collective responsibility under Article 75(3). How does it shape the President’s relationship with the Council of Ministers?”
4. “Evaluate the President’s Rule under Article 356 in light of S.R. Bommai. Discuss the role of the President and the Council of Ministers.”
5. “Is the President merely a ‘rubber stamp’? Assess with reference to Shamsher Singh and constitutional practice.”

13) Probable Questions for Upcoming Prelims & Mains

Prelims-type (MCQ) ideas

• Which of the following statements is/are correct about Article 74? (a) The President is bound by advice; (b) The President can seek reconsideration multiple times; (c) After reconsideration, the President may reject the advice; (d) None. (Answer idea: (a) only.)
• Article 111 permits the President to return: (a) Any Bill; (b) Money Bill; (c) Non-Money Bill; (d) Constitutional Amendment Bill. (Idea: (c); constitutional amendment assent is obligatory.)
• Which of the following powers is not exercised by the President on the aid and advice of the Council of Ministers? (Trick concept check; in practice, almost all are.)
• Under Article 72, the President’s power of pardon: (a) is absolute and unfettered; (b) is subject to judicial review on limited grounds; (c) cannot apply to death sentences; (d) is only for offences under State law. (Idea: (b).)

Mains-style prompts

1. “Advice is binding, not blind. Discuss the President’s constitutional role in ensuring responsible governance while respecting cabinet primacy.”
2. “Critically discuss the limits on the ordinance power after judicial interventions. How should the President approach ordinances?”
3. “In a hung Parliament, what principles should guide the appointment of the Prime Minister? Evaluate the scope of presidential discretion.”
4. “Examine Article 78 as the constitutional bridge between the President and the Council of Ministers. Is it under-utilized?”
5. “Analyse the constitutional morality expected from a President when advice appears to undermine federalism or fundamental rights.”

15) Key Takeaways & Answer-Writing Tips

• Anchor every answer in Articles 52–78, especially 74, 75, 77, 78, and legislative links (85, 111, 123) plus emergencies (352/356/360).
• Use triads: (i) Text (Articles); (ii) Doctrine (aid & advice, collective responsibility); (iii) Shamsher Singh + Bommai + mercy/ordinance cases.
• Position the President as a constitutional sentinel: counsel, caution, encourage; seek reconsideration once; uphold constitutional morality.
• Structure for 15–20 markers: Intro (model + Articles) → Core doctrine (Art. 74) → Working relationship (Art. 78) → Powers (exec/leg/jud/emergency) → Case law → Discretion limits → Conclude with balanced assessment.
• Common errors: Calling the President a “rubber stamp”; ignoring collective responsibility; overstating discretion; forgetting U.N.R. Rao continuity principle.

One-line thesis: The Indian President is a constitutional executive—a dignified head who ensures legality and continuity—while the Council of Ministers wields real power, remains collectively responsible to the Lok Sabha, and constitutionally binds the President’s decisions through the aid and advice doctrine.