Consider a situation where the Prime Minister wants to impose Presiden...
Article 74
(1) There shall be a Council of Ministers with the PM at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such
advises. (The matter in bold letters is added by the Forty-second Amendment of the Constitution of India in the year 1977)
Provided that the President may require the
Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advises tendered after such reconsideration. (This para is added by the Forty-fourth Amendment of the Constitution of India in the year 1978)
(2) The question if any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
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Consider a situation where the Prime Minister wants to impose Presiden...
Possible explanation:
In India, the imposition of President's rule (also known as Central Rule) in a state is governed by Article 356 of the Constitution, which empowers the President to proclaim that the governance of a state shall be carried out as if the state is under the control of the Union government. This can be done on the basis of a report from the Governor of the state or other sources indicating that the constitutional machinery has failed or is likely to fail in the state. The decision to recommend President's rule is usually taken by the Union Cabinet, headed by the Prime Minister, and sent to the President for approval.
However, the President is not a mere rubber stamp in this process. The President has discretionary powers to either accept or reject the Cabinet's recommendation, or to seek further information or clarification before taking a decision. The President is also expected to act in accordance with the advice of the Council of Ministers, but this advice must be given in writing and the President can ask for reconsideration or modification of the advice.
In the given situation, the Prime Minister wants to impose President's rule in a state because the state government has failed to effectively curb atrocities. This may be a valid ground for imposing President's rule, but it also raises some concerns about the nature and scope of such action. The President, in this case, does not agree wholeheartedly on signing the order promulgating President's rule. The President can take the following course of actions:
1. Refuse to sign the order: This is the most drastic and rarest option available to the President. If the President believes that the Cabinet's recommendation is unconstitutional, illegal, or against the public interest, he/she can refuse to sign the order. This would trigger a constitutional crisis, as the Cabinet may try to override the President's decision by appealing to the Supreme Court or by seeking the support of the Parliament. However, if the President's decision is upheld, it would set a precedent for future cases and reinforce the independence and responsibility of the President.
2. Make a press statement: This option is less confrontational but still assertive. The President can express his/her reservations or objections to the Cabinet's recommendation through a press statement, which would be widely reported in the media. This would put public pressure on the Cabinet and the Prime Minister to justify their decision and to address the concerns raised by the President. However, this option also carries the risk of politicization and misunderstanding, as the President is expected to maintain neutrality and impartiality in his/her public statements.
3. Discuss with the Prime Minister: This option is the most constructive and diplomatic. The President can request a meeting with the Prime Minister and discuss the matter in a confidential and cordial manner. The President can present his/her views and seek clarification or justification from the Prime Minister. The President can also suggest alternative measures or solutions that could address the concerns without resorting to President's rule. If the Prime Minister insists on his/her recommendation, the President can agree to sign the order but with some conditions or reservations, which would be conveyed to the Cabinet and the Governor. This option would demonstrate the President's role as a mediator and advisor, and would preserve the constitutional balance between the Executive and the Head of State.
Consider a situation where the Prime Minister wants to impose Presiden...
Council of minister collective responsible to the loksabha yeh hmehsha sansadiya pranali me lagega 42nd amendment 1976 me one time council of minister ki advise ko president manne se inkar kar sakta hai lekin jab 2nd time bole toh usko council ke anusar hi karya karna padega
exception -yeh hai ki constitution amendment me yeh chiz lagu nhi hoti
without majority proved gov ki baat manne se president inkar kar sakta hai
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