What is President’s Prudence?
Like many other countries, the Indian President is not a ceremonial head. All the important decisions concerning the country are taken in the name of Indian President although most of these are based on the binding advice given by the Council of Ministers (CoM), as per Article 74 of Indian Constitution. However, there are some exceptional cases where the President can use his discretionary powers.
Let us gain knowledge about the powers of President –
Discretionary powers of the President are not mentioned separately in the Indian Constitutions. However, the cases where the President has to act without the need of advice of CoM can be understood if carefully read the provisions related to the Indian President.
1. Suspensive Veto
The President has discretionary power when it comes to exercise a suspensive veto, i.e. he can return bills except for money bill for reconsideration of the parliament. However, if the bill is passed again by the Parliament then it becomes obligatory for the President to give his assent to the bill even the bill has been sent with or without any amendments.
2. Pocket Veto
The provision is not mentioned anywhere in the constitution but it is very possible to be a discretionary power of President. Here, the president neither ratifies, nor reject nor return but keeps the bill with himself as long as he wants.
The time limit of keeping the bill has not been mentioned in the constitution and with the effect of the inaction of President, the bill is unable to become an act.
3. Seek information from Prime Minister
The President can enjoy the right of seeking information from the Prime Minister regarding the administration of the affairs of the union.
4.Power of Summoning
The President can summon each House of the Parliament at such time and place where he thinks it’s suitable.
5.Case of no majority
When none of the political parties enjoy the majority in Lok Sabha then President can invite the leader of the party.
6.Case of no-confidence
When the council of ministers loses the majority in Lok Sabha it is up to the President whether he wants to dissolve the house or not.
7. Case of no-confidence with Com
If CoM loses the majority it is up to the President whether he wants to dissolve CoM.
8. Case of the caretaker government
A caretaker government does not enjoy the confidence of Lok Sabha but makes day-to-day administrative decisions