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PRESIDENT AND PM (UNIQUE FEATURE OF INDIAN PRESIDENT (DEVIATION IN INDIAN…
PRESIDENT AND PM
UNIQUE FEATURE OF INDIAN PRESIDENT
THEORETICAL BASIS:
MONARCH OF BRITAIN: WHO IS CONSIDERED AS GOLDEN ZERO AND ENJOYS ABSOLUTE IMMUNITY
PRES. IN PARLIAMENTARY FORM OF GOVT. IS TITULAR HEAD LIKE :arrow_down:
BUT THERE ARE SOME ANOMALIES
DEVIATION IN INDIAN PREZ MODEL:
1.PRESIDENT IN INDIA IS ELECTED
ELECTED BY PROPORTIONAL REPRESENTATION
BEING ELECTED SO HE CAN'T BE REGARDED AS NEUTRAL AS IN CASE OF BRITAIN SO :arrow_double_down:
CONDITION OF
COHABITATION
(FRENCH POLITY TERM) MAY OCCUR
WHERE PREZ AND PM FROM DIFFERENT PARTIES SO RELATIONSHIP IS NOT SMOOTH
2.NOT ENVISAGED AS GOLDEN ZERO
ACC. TO SOME SCHOLARS THERE WAS LACK OF CLARITY REGAURDING OFFICE OF PREZ
IN ORIGINAL CONS. IT WASN'T MANDATORY FOR PREZ TO ACT ON AID AND ADVICE OF COM
AS INDIA ALSO EXPERIMENTED WITH
PARLIAMENTARY FORM OF GOVT. IN FEDERAL STRUCTURE
IT WANTED HEALTHY CONVENTIONS TO DEVELOP. AND IT DEVELOPED..
BY 24TH CONSAA IT WAS MADE MANDATORY FOR THE PREZ . WRT TO CONSAA BILL (PREZ TO GIVE CONTSENT)
BY 42TH CONAA THIS CONSENT EXTENDE TO ALL ACTIONS
BUT BY 44TH CONSAA : SUSPENSIVE VETO WAS GIVEN(AS A TOLL TO SHOW DISSENT . NOT WITH BRITAIN CROWN)
ISSUE ALSO SETTLED BY SUPREME COURT
SC IN SHAMSHER SINGH V/S STATE OF PUNJAB
AND RAMJAWAYA V/S STATE OF PUNJAB
HAS CLARIFIED THAT PREZ IS CONSTITUTIONAL HEAD
BUT ACC. TO JAMES MANOR THERE EXIST CONCEPT OF ACTIVIST PREZ IN INDIA
RAJENDRA PRASAD
ISSUE OVER HINDU CODE BILL
GYANI ZAIL SINGH:
POCKET VETO IN CASE OF POSTAL BILL..
HOWEVER IT WAS AGAINST SPIRT OF PARLIAMENTARY DEMOCRACY
KR NARAYANAN:
FIRST PREZ TO SEND BACK ADVICE TO IMPOSE PREZ RULE IN BIHAR
ALSO PREFERS TO GIVE INTERVIEW RATHER THAN READING MINISTRY PREPARED SPEECH
APJ ABDUL KALAM
SEND OFFICE OF PROFIT BILL FOR RECONSIDERATION
NOT ONLY ACTIVIST PREZ BUT ALSO POPULIST PREZ.
SUCH HIGH LEVEL OF PUBLIC ENGAGEMENT.. SUCH MUCH APPEARED AS ALTERNATE CENTRE OF POWER
PRANAB MUHERJEE:
ALSO EXPRESSED DISSATISFACTION OF GOVERNANCE
3.PREZ CAN BE IMPEACHED FOR VOILATION OF CONSTITUTION
WHEREAS BRITAIN MONARCH HAS ABSOLUTE IMMUNITY
INITIALLY THERE WAS NO CLARITY WHAT CONSTITUTE VIOLATION OF CONS.
BUT AFTER 42ND CONSAA IT WAS INFERRED THAT NOT COMPLYING TO AID N ADVICE OF COM IS VIOLATION OF CONS.
4.POCKET VETO OF INDIAN PREZ. IS STRONGER THAN US PREZ.
US PREZ. POCKET VETO CAN BE OVERRIDDEN BY CONGRESS AGAIN PASSING BILL WITH SPECIAL MAJORITY
POWER OF PREZ. TO DIRECTLY SEND MESSAGE TO PARLIAMENT
IT IS FEATURE OF PRESIDENTIAL FORM OF GOVT.|
IN PARLIAMENTARY FORM OF GOVT. PREZ CAN COMMUNICATE TO PM
IF DOESN'T DIRECTLY THAN IT GIVES WRONG MESSAGE OF DISHARMONY B/W PM N PREZ
NATURE OF INDIAN PRESIDENT IS BEST DESCRIBED BY FORMER PREZ R VENTARAMAN
WHO CALLS HIMSELF AS COPY BOOK PRESIENT
HE FACED MOST CHALLENGING TIME IN THIS REGARD AS IT WAS TIME OF COALITION POLITICS
SO HE PREFERRED TO USE HIS DISCRETION MINIMUM
AND ESTD. A HEALTHY CONVENTION
ACC. TO HIM INDIAN PREZ IS LIKE EMERGENCY LAMP
PM IS MAIN POWER SWITCH ONLY WHEN MAIN SWITCH IS OFF
EMEGENCY LAMP COMES TO POWER
INDIAN PM
ACC. TO MP SINGH
WE CAN SEE FOLLOWING MODELS OF INS. OF PM
1ST MODEL:
WHEN NEHRU WAS PM AND SARDAR PATEL WAS HOME MINISTER
STATUS OF PM WAS
PRIMUS INTER PARES
:arrow_lower_left:MEANING FIRST AMONG EQUAL
HOWEVER AFTER DEATH OF SARDAR PATEL .. NO OTHER MINISTER COULD MATCH CHARISMA OF NEHRU
THAN INS. OF PM TURNED INTO
INTER STELLA LUNA MINORES
MOON AMONG STARS
2ND MODEL:
TENURE OF LAL BAHDUR SHASTRI WAS SHORT
BUT HE STARTED CONCENTRATION OF POWER IN PM.. HE ESTD. PMO
BUT IT WAS INDIRA GANDHI UNDER WHO
INDIAN PM STARTED DEVELOPING FEATURES OF EXECUTIVE OF PRESIDENTIAL FORM OF GOVT.
AND STARTED LOSING DEMOCRATIC CHRACTER
THE TREND WAS CONTINUED DURING REIGN OF RAJEEV GANDHI
UNDER WHOSE REGIN MAX. DECLINE OF COM TOOK PLACE HE PLACED TECHNOCRACTS
3RD MODEL: ERA OF COALITION POLITCES
COILATION IS POLITICAL BARGAIN: BARGAINIG OF EVEN SMALLEST FACTION BECOMES EXTRAORDINARY
IN SUCH A SITUATION THERE IS NO SINGLE PM BUT MANY PMS
POSITION OF FORMAL PM REDUCED TO MANGER OF COALITION RATHER THAN LEADER OF COALITION
IT WEAKENS THE INS. OF PM
THIS VACCUM IS FILLED BY EITHER JUDICIAL ACTIVISM OR PRESIDENTIAL ACTIVISM
THOUGH THEORITICALLY INS. OF PM BECOMES WEAK
BUT PRACTICALLY IT DEPENDS UPON OTHER FACTORS ALSO
LIKE AB VAJPAI
UNDER WHOSE LEADERSHIP 1ST COILATION GOVT. GOT COMMPLETED
MANMOHAN SINGH
THOUGH COMPLETED 2 TERM OF COALITION
BUT HIS 2ND TERM GOT FILLED BY EXPRESSION LIKE COMPULSION OF COALITION AND COALITION DHARMA
SO COALITION = WEAK PM IS NOT A THUMB HAND RULE THERE ARE MULTIPLE FACTORS ALSO