Sunday, March 3, 2013

Who is powerful in India , President or PM



Who is powerful in India ?

 President or PM 


In India,  we have Parliamentary system of Democracy.
President is the Head of the State ( here State means Country, ie India) 
PM is the Head of the Government.( here Government means Indian Government)
The state ( Country )  and the Government are different. The State is permanent. Government is temporary.

Who is powerful ? President or PM ?
President is the first citizen of the country.
PM is the first servant of the people ( Ministry , root word  diakoneo ( Gk ) meaning servant )

President commands great respect than PM.
In any function where both  attend, PM arrives before President arrives.
PM stands up when President enters.
While going, President goes first followed by PM.

Salary of President is Rs 1.5 lakhs per month + perks 22.5 crore annually + he lives in Rashtrapati Bhavan, 
         the largest Presidential Palace in the world.
Salary of PM is 1.35 lakhs per month  + perks

PM goes to  President Office to meet  the President.
President does not visit PM office.

All these are the protocols ( protocol = code of conduct followed )

In reality , who is  powerful in administration ?
 Ans : It is PM who is very powerful, not the President.

President has only nominal powers ( nominal = name sake), he acts on the advise of  the PM and cabinet
PM has all real powers.( real executive) and PM is the chief advisor to the President.

President does not rule the country.
PM rules the country with the  help of the cabinet.

President can address the Nation  in  the TV, draft should be approved by the Government.
PM can address the Nation without getting approval from president.

In the joint Parliamentary session, the President addresses both the Houses of the Parliament.
This address is prepared by the  Government,  President simply  reads it .

In case of mercy petitions addressed to the President, the decison is taken by the Home Department.
If the Home Department says reject, he will reject. In reality this power lies with the Home department.

In case, the President rule is imposed in any state in India, the central government rules the state in the name of the President through the Governor.In true sense, it is the  rule of the central government . 

Constitution says, the President is the Commander- in-Chief of the Indian Armed Forces. 
This means, he is  the Chief commander of Army, Navy and Air Force.
In reality , it is also a nominal post. The Armed Forces of India come directly under the control of the Defence
Ministry. The Defence Minister is the Head of the Armed Forces. The President is the decorative head.

The president has right to know the happings in the Goverment. As a customary PM meets him once in a month and informs the happening in the Government. It is not a consultation , it is only keeping the President informed.
PM need not consult the President on the matters of Government policy.

The President has power to make variety of appointment. He signs in the appointment orders. 
Names are decided by the Goverment. For eg, Governors, Attorney General, Chief Election Comminioner,Etc.

The President enjoys the greatest honour of  signing  the treaties made  with the other countries.
In reality,  these treaties are  framed by the external ministry on the advice of the PM.

The President accords the awards of various nature in a ceremonial way.
The names for these Presidential awardees are finalised by the Government .

All the executive powers vested on President by the constitution are exercised by the Government.

The President can  return a bill unsigned to the Government. If the same bill  with change or without change sent to the President for second time, the President has no power to refuse it. He has to simply  sign it and make  it an act.
The constitutionality of an act is decided by the Supreme Court , not by the President.
Indian President pretty well knows his limitation and functions  accordingly. Any conflict between  the President and PM will lead to political and constitutional crisis.They will not allow it to develop.
There developed a conflict between PM  Rajvi Gandhi and President Jail Singh in 1987 and damaged the images of both. It had become a lesson for others..

President is elected through electoral colleges by all MPs and MLAs.
PM is elected by the majority party in the Loksabha.

President cannot  be removed easily, only through passing the impeachment in the parliament, he can be removed.
PM can be removed by bringing a  no confidence motion passed   in the Loksabha with a simple majority..

In case, in a general election, no party gets a majority and no party is prepared to form the central Government, President cannot rule India. He has no power to rule. In that situation, he will call all the party leaders and discuss with them to form a National Goverment with the representatives of all the parties and allow them to rule the country till the next election.
At no cost the  President can rule the country.
The constitution has vested  all the executive powers on the President ( article 53( 1) , Again  Constitution says he can exercise these powers in accordance with the advice of the PM and Council of ministers ( article 74(1) ). So President becomes a nominal or ceremonial  executive and PM with the Council of ministers become the real executive.
See the articles in the Constitution-
The executive powers of the Union shall be vested in the President and shall be exercised either directly or through subordinate officers, in accordance with the Constitution.
— Article 53(1), Constitution of India
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.
— Article 74(1), Constitution of India.

 Acorrding the above article 74 (1) of the constitution , the President has to act in accordance with the advise of the Council of Ministers and PM. He cannot do anything of his own.
In short,  everything is done in the name of  President and in reality nothing is done by him. That is the reason why he criticised as a rubber stamp.

In certain circumstances , the President's post gains importance. After the general election, he has the resposibility to identify the leader of Majority party in the Lokh Sabha and instal him as the PM. In case of no single party had attained the majority, President has to identify the party that enjoys the majority support and ask  to form the government.
He plays an important role during the post election period.
PM Jawaharlal Nehru explained the position of the President in these words,
"We have not given our President any real power but we have made his position one of great authority and dignity."
 Clearly he says, our President does not enjoy any real power. which means all the powers  enjoyed by him are nominal or ceremonial.
Our Constitutuion had placed President   in high dignity by saying , he is our first citizen and  Constitutional head.

=============================================== March 2013, USA


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