Saturday, July 25, 2020

Head of state in India

  
Constitution of India

  In India, it is not possible to put a demarcation line between the Prime Minister and President that who is really the head of state. However, the constitution of India has given the executive power of Government to the President of India. He is the supreme commander of the defense forces. All the executive action is taken in his name. In India, the constitution has given all the powers to the President. Even the Prime Minister is appointed by the President, however, the candidate of Prime Minister is elected as among the Member of Parliaments and  conventionally the largest party elects the candidate of Prime Minister and once he is elected as the Prime Minister, the President of India appoints him as Prime Minister. Even Ministers of Union are appointed by the President on the advice of Prime Minister.  The Supreme Court Judges, High Court Judges, the Chief Election Commissioner, Election Commissioners, Governor, etc are appointed by the President.
    The President of India acts on the advice of Prime Minister and its council. He has no other options rather  to act as per advice of the Government. However, he might sent it back to reconsider the advice and if the advice is sent to him again without amendment, he has no other options rather to act on the advice. Although President acts on the advice, but he has one veto power, i.e, Pocket veto, in which he doesn't take any action and keep it pending but it is rarest in India. Mostly, President acts on the advice of the Prime Minister and the council of Ministers. 
    In other words, it can be said that the President is the constitutional head of India, whereas, Prime Minister is the acting head. He and the Council of Ministers use to advice the President and the President acts. Even when the international summits occur, the Prime Minister of India use to visit to represent India. In this way, both President and Prime Minister have their own importance in the constitution and the constitution has given the balance of power to both of them to act for the smooth running of Parliament.

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