Sambhav-2025

Approach In introduction define the discretionary powers of the President of India Discuss the constitutional provisions regarding discretionary powers. Mention recent judicial pronouncements with some examples. Conclude suitably.

Introduction

The President of India is a constitutional head who functions on the advice of the Council of Ministers as per Article 74(1). However, in certain exceptional circumstances, the President exercises discretionary powers, playing a pivotal role in governance and crisis management. Judicial pronouncements have further clarified the scope and limitations of these powers, ensuring their usage within constitutional boundaries.

Body

Discretionary Powers of the President:

• Suspensive Veto:
  • The President can return a non-Money Bill for reconsideration.
  • If Parliament passes the bill again without changes, the President must give assent.
  • Example: In 2006, Dr. APJ Abdul Kalam returned the Office of Profit Bill.
• Pocket Veto:
  • Unlike the US President, the Indian President has no time limit to sign a bill, allowing indefinite withholding of assent.
  • Example: In 1986, Giani Zail Singh refused to sign the Indian Post Office (Amendment) Bill, exercising the pocket veto.
• Dissolution of Lok Sabha (Article 85):
  • The President can dissolve the Lok Sabha in case of a no-confidence motion or loss of majority.
• Discretion in Appointing a Prime Minister (Article 75):
  • In hung Parliament situations, the President invites the leader most likely to command a majority.
• Referring Matters to the Supreme Court (Article 143):
  • The President can seek the Supreme Court’s opinion on constitutional matters.
• Governor’s Role in States & President’s Rule (Article 356):
  • The President can impose President’s Rule in states based on the Governor’s report.
  • Example: In 2016, the Supreme Court reinstated the dismissed Uttarakhand government, limiting arbitrary use of Article 356.

Judicial Pronouncements on the President’s Discretionary Powers:

• S. R. Bommai v. Union of India (1994)
  • Limited the misuse of Article 356 by making President’s Rule subject to judicial review.
• Rameshwar Prasad Case (2006)
  • Struck down the dissolution of Bihar Assembly in 2005, ruling it unconstitutional.
• Shamsher Singh v. State of Punjab (1974)
  • Reaffirmed that the President must act on ministerial advice except in exceptional cases.
• Nabam Rebia v. Deputy Speaker (2016)
  • Held that the Governor (representing the President) cannot interfere arbitrarily in legislative matters.

Relevance of These Powers in Contemporary Governance:

• The President acts as a constitutional safeguard, especially in cases of hung parliaments and political instability.
• Judicial interpretations have ensured accountability and prevented the arbitrary use of presidential discretion.

Conclusion

Although limited by the Constitution, the President’s discretionary powers play a crucial role in maintaining political stability and constitutional integrity. Judicial rulings have further clarified and restricted their scope, ensuring they are used sparingly and judiciously. However, their significance in crisis situations remains undeniable, making the President a guardian of constitutional democracy in India’s parliamentary system.