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Book Review Of: The Power Of Raisina Hill: The Constitutional Position, Functions And Powers Of The President Of India

In addition to Article 53, which grants the President all executive powers of the Union Government, including the supreme command of the country's defence forces, several other provisions outline specific powers and functions of the President. These include the authority to grant pardons and remit punishments, investigate the conditions of economically and socially backward classes, and extensive powers during a state of emergency, such as the ability to suspend Articles 20 and 21.

Moreover, the President holds the authority to promulgate ordinances during Parliament's recess, dissolve the Lok Sabha, and convene a joint session of both Houses of Parliament, among other responsibilities. Exercising powers granted to him, the President appoints various high officials, including the Prime Minister, the Council of Ministers (on the Prime Minister's advice), the Comptroller and Auditor General, the Attorney General, Governors of States and Union Territories, and Judges of the Supreme Court and High Courts. As the titular head of state, the President predominantly exercises his powers on the advice of the Council of Ministers.

This book provides an in-depth examination of the role, responsibilities, and powers conferred upon the President of India, taking into account various political developments and judicial interpretations within the framework of the Constitution. It is organized into eight chapters, with the author effectively outlining the constitutional framework, judicial perspective, and a comparative analysis of the President's functioning from Independence to the present day.

However, it is worth noting that this topic is not entirely new; the author is not the first to explore it, as it has been addressed and debated over time by the Supreme Court in various judgments, as well as by numerous jurists and scholars. Additionally, the author notes that this book aims to fulfil Dr. Rajendra Prasad's wish for a comprehensive study of the President's constitutional position. Dr. Prasad had requested the Indian Law Institute to undertake such a study but was unable to do so due to pressure from Pandit Jawaharlal Nehru. The author's work presents an authentic understanding of the institution of the Presidency in India since its inception, making the book particularly engaging.

The first chapter, titled "Introduction," articulates the author's motivations for writing this book. It centres on the examination of Dr. Rajendra Prasad's speeches concerning his ambivalent stance on the Hindu Code Bill, particularly in relation to Prime Minister Jawaharlal Nehru. This exploration serves as the foundational idea for the work. Additionally, the chapter addresses the relationship between the President's preface and the Constitution itself.

The second chapter, "Historical Perspective," delves into the origins and evolution of the presidential institution in India. The author traces its lineage back to the British colonial period, offering a comprehensive analysis of the debates from the Constituent Assembly. By scrutinizing these discussions, the author seeks to elucidate the intentions of the founding fathers regarding the President's symbolic role as the Head of State.

The third chapter, "Basic Constitutional Provisions," collates the fundamental constitutional provisions governing the President of India. Key aspects such as the election process, tenure, immunity, privileges, the oath of office, and the impeachment procedure are critically analyzed. The author provides various judicial interpretations and historical developments relating to the presidency, and further compares the impeachment process of the Indian President with that of the President of the United States.

In the fourth chapter, titled "The President of India and the Council of Ministers: Exercise of Constitutional Powers and Functions," the author examines the constitutional provisions associated with the President's powers and functions in relation to the Council of Ministers. This chapter is bifurcated into two parts: the first part analyzes the dynamics between the President and the Council of Ministers, encompassing debates from the Constituent Assembly, the tensions between Dr. Rajendra Prasad and Pt. Nehru, and landmark constitutional interpretations, elucidating why India adopted a cabinet system. The second part addresses the extensive array of constitutional powers vested in the President, including military, diplomatic, legislative, veto, ordinance, pardoning, financial, and emergency powers.

Chapter five, "Discretionary Powers of the President of India: An Analysis," investigates the nature and scope of the President's discretionary powers, which may be exercised independently of the Council of Ministers. The author further explores political and judicial developments related to these powers, referencing the Australian precedent concerning the Whitlam government's dismissal, the appointment of the Prime Minister in specific contexts akin to the British monarch's role, and the powers to dissolve the Lok Sabha, dismiss the Council of Ministers, grant prosecution sanctions against the Prime Minister, and seek information from the Prime Minister.

In the sixth chapter, "Judicial and Juristic Approach," the author scrutinizes the constitutional standing of the President through judicial and juristic lenses. This chapter is divided into two parts: the first analyzes judicial perspectives on presidential powers, highlighting landmark judgments such as Ram Jawaya Kapur, R.C. Cooper, U.N. Rao, Shamsher Singh, and H.D. Deve Gowda. The second part considers the views of the founding fathers and esteemed jurists regarding the constitutional role of the President, acknowledging the differing opinions within the constituent assembly.

The seventh chapter, "The President of India and the British Monarch: A Comparative Analysis," presents a comparative study of the constitutional statuses of the President of India and the British Monarch. The author meticulously outlines both the similarities and distinctions between the two roles.

The final chapter, "Functioning of the Presidents of India from 1950 to 2014: A Constitutional Analysis," provides a detailed examination of the presidencies from Dr. Rajendra Prasad to Mr. Pranab Mukherjee, analyzing their contributions and the implications of their actions within the constitutional framework.

Through this thorough examination, the author aims to enhance the understanding of the presidential role in India's constitutional democracy, offering insights into its historical evolution, constitutional provisions, powers, and the interplay with political institutions. The engaging presentation style adds to the book's appeal. However, the reviewer noted that certain content is unnecessarily repeated throughout the text, which could lead to misconceptions for readers.

This book is highly recommended for students, academics, and anyone interested in understanding the historical context and evolution of the Head of State from the British era in India. It offers scholars, law students, political science enthusiasts, and public administrators an insightful understanding of both the theoretical and practical dimensions of the President's functions. This work significantly contributes to the existing literature on this intriguing subject and is a valuable addition to any library, serving as a solid reference material filled with extensive research from various sources. Additionally, the book's price is quite reasonable given the wealth of information it contains.

Review of the Book:
The Power of Raisina Hill: The Constitutional Position, Functions and Powers of the President of India, by Dr. Lokendra Malik, lexis Nexis publication house, 2015, ISBN:978-93-5143-549-5, pages 470, Price Rs. 695/-

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