Under the Constitution of India, the President serves as the constitutional head of the Union Government, exercising his constitutional authority and duties based on the aid and advice of the Council of Ministers led by the Prime Minister. 

When Dr. B. R. Ambedkar was asked whether the president is always bound by the advice of the council of ministers? He answered it in an affirmative sense by saying, “The president of the Indian Union will be generally bound by the advice of his ministers. He cannot act against their advice, nor can he take action without it.”

Articles 53 and 74 Explained

• Article 53: The executive power of the Union shall be vested in the President, who will exercise it either directly or through subordinate officers in accordance with the Constitution.
• Article 74:  Article 74 specifies that a council of ministers will exist with the Prime Minister at the helm to aid and advise the President, who ‘shall” act according to that advice in carrying out his responsibilities. 

Erosion of President’s Position

• The Constitution (42nd amendment) Act, 1976: This amendment enacted by the Indira Gandhi Government made the President bound to advice of the council of ministers headed by the PM.
• The Constitution (44th Amendment) Act, 1978: In 1978, the Moraji Desai government enacted this amendment, which allowed the President to require the Council of Ministers to reconsider its advice. However, the President must consider the advice given after the Cabinet has re-evaluated it.

Constitutional Significance of the President in India’s Democracy

However, the  President is not merely a rubber stamp and plays a significant role in Indian democracy. The significance of the President can be understood from the following:

• Method of election of President: While calculating the vote value of MLAs in Presidential elections, the population of the state is a crucial factor. This highlights the visible presence of the people in the process of electing the President, which lends greater moral authority to the position.
• Can question the Council of Ministers: The President can seek information on all matters of administration and legislation from the Council of Ministers headed by the Prime Minister. The President has the right to disagree with Cabinet decisions and can request the Cabinet to reconsider those decisions.
• Not a mouthpiece of the Government: The President’s oath includes two solemn pledges. First, the President commits to preserving, protecting, and defending the Constitution. Second, the President pledges to dedicate his or her efforts to the service and welfare of the people of India. A President who takes this oath to the populace is not simply a figurehead for the government. 
• Situational Discretion: The President can act in his/her discretion (without the advice of Council of Ministers) under certain situations such as:
  • The appointment of the Prime Minister when no political party has a clear majority in the Lok Sabha or when the sitting Prime Minister dies unexpectedly without a clear successor. 
  • The dismissal of the council of ministers when it fails to maintain the confidence of the Lok Sabha. 
  • The dissolution of the Lok Sabha in case the council of ministers has lost its majority.

• Presidential Activism: It is when the President does not follow the aid and advice of the Council of Ministers. There have been a number of instances  when the President has asserted his/her discretionary powers. For example, India’s first president, Rajendra Prasad, frequently disagreed with prime minister Nehru and sometimes criticised the government in his public statements. In another instance, President K.R. Narayan sent back a proposal to impose President rule in Uttar Pradesh to the cabinet, asking the ministers to reconsider it.

Conclusion

In conclusion, the Indian President is not just a ceremonial figure. The President stands as the protector and defender of the Indian Constitution. Former President Ramaswamy Venkataraman aptly noted, “The office of the President is like an emergency light. It activates automatically in a crisis and turns off automatically when the crisis is resolved.”