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Indian Freedom Struggle (1707–1947 A.D.)

Notes hard bargains in well-advertised secret meetings before finally consenting to send the crucial
missive extending the AIADMK’s support to the BJP. The President’s role was critical in the entire
episode. He could have refused to wait endlessly for the letter of support and invited the leader of
the next largest party or group, thus denying the BJP’s claims which were in any case based on a
wafer-thin majority. It is evident then that unstable or ambiguous political situations provide
room for exercise of presidential discretion and hence potential abuse or misuse of powers.
However, even in otherwise stable situations, it has happened that presidents have, on occasion,
either because of personal ambition or out of a sense of duty to the constitution, exercised
discretionary power. The most vivid example is that of President Zail Singh, who was the first to
use the President’s power to return a bill to parliament. He also wrote at the same time to the
prime minister that he was not being kept informed of important developments and this was
preventing him from performing his constitutional duty of ensuring that the government was
being run in accordance with the letter and spirit of the constitution. There was much speculation
that he might actually dismiss the prime minister. Later in the same year, 1987, when the Bofors
scandal about kickbacks in defence purchases broke, it seems that Zail Singh did actually discuss
with political leaders of many hues the possibility of dismissing Rajiv Gandhi as prime minister.
In the end, none of it ensued, but it is clear that the potential for the President stepping outside the
conventional limits of his powers exists even when a prime minister enjoys majority support in
parliament.

It is to be remembered that the Congress under Rajiv Gandhi had the largest majority
ever in the Lok Sabha.

Another area of debate relates to the President’s role in the dismissal of state governments and
imposition of President’s Rule. February 1998, in the midst of the Lok Sabha elections, the governor
of U.P., Romesh Bhandari, dismissed the BJP-led government of Kalyan Singh and swore in
another man as chief minister. The High Court reinstated Kalyan Singh and the governor sent a
report to the Centre recommending dissolution of the Assembly and imposition of President’s
Rule. The cabinet, after long deliberation, accepted the governor’s report and prime minister I.K.
Gujral recommended it to the President. But President Narayanan returned it for reconsideration
to the cabinet, in a clear expression of disagreement. The governor of Uttar Pradesh accordingly
resigned and Kalyan Singh continued as chief minister of Uttar Pradesh with his ragtag coalition
of defectors, criminals, and others.
The 44th Amendment has given him the authority to ask the council of ministers to reconsider its
advice, but if the council reiterates its position, the President must accept the advice. But, as seen
in the case of President Narayanan and the U.P. issue, the President’s sending back the advice for
reconsideration is taken very seriously and is unlikely to be ignored.
In other- areas, the powers of the President are quite clearly defined. When a bill is presented to
him, under Article 111, he may withhold his assent and, if he desires, return it to parliament for
reconsideration. If both houses again pass it and send it back to him, he is obliged to give his
assent. In the case of money bills, however, he has no discretion. In any case, he has no absolute
power of veto.
The 44th Amendment in 1978 also made it explicit that the President can declare an Emergency
only after receiving in writing the decision of the cabinet advising him to make the proclamation.
During the period of Emergency as well, he is to act on the advice of the cabinet. It is very clear
that almost all his powers, including those of appointing various high functionaries such as judges
of the higher courts, governors, ambassadors, the Attorney-General, the Comptroller and Auditor-
General of India, etc., are to be exercised on the advice of the cabinet. The same is true of his
powers as Supreme Commander of the armed forces, and of his powers to issue ordinances when
parliament is not in session.

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