2.7.3. Situational Discretion available to the President

Although, as Article 74 provides, the President is bound to act according to the aid and advice of the Council of Ministers; it will, however, be wrong to suppose that the President is a complete non-entity or an absolutely ineffective symbol. It has already been seen that in exceptional and abnormal situations he may have a marginal discretion in some matters, for example:

♤ The President may choose to dissolve the Lok Sabha when the current government loses majority.

♤ He can dismiss the Council of Ministers, which has lost its majority.

♤ The President can appoint a Prime Minister in a situation, where no single party or leader commands majority support. This is very significant, especially at the time of a fragmented electoral verdict.

In days of crisis, any of these matters may assume a great importance and his decision may have a profound impact on the country's destiny.

In addition, he is empowered to be informed about the country's affairs. Article 78 provides that it shall be the duty of the Prime Minister:

a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;

b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council

d) Like the British Sovereign, the role of the President is "to advice, encourage and warn" Ministers in respect of the recommendations which they make.

Under Article 111, the President has discretion with respect to ordinary bills. He can send the bill back for reconsideration along with his message, if any. However, once the bill is sent back to him after re-passage with or without amendments, he must give his assent.

After the 44th Amendment Act, the President can even send back for reconsideration the advice

of Cabinet. However, he’s bound to act on its advice tendered thereafter such reconsideration.

President K.R. Narayanan became the first President to use the powers of sending the advice back for reconsideration. The advice given to him was to impose President’s Rule in U.P. against the Kalyan Singh government. Since then a kind of convention has developed that if a President sends an advice back to Cabinet for reconsideration, it is not sent back to the President.

Former President Venkatraman has explained the nature of discretionary power of the President under the Constitution. The President in the Indian context was like the 'emergency light', which automatically came on when the normal flow of power was broken and went out after normal working was restored.