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/-
Law Article in India
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