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Relationship between the President and PM in India


The President along with the Lok Sabha & Rajya Sabha, respectively form the Indian Parliament. The President of India does get elected directly as the Prime Minister, rather his election is an indirect one through an Electoral College which consist of members of both the Houses of Parliament and elected members of Vidhan Sabha and union territories.

The President of India tends to have very limited scope while there is an initiation of any action on his own when it comes to terms related to provisions of the Constitution. However, there is undoubtedly no wonder, that the office of the President is of immense weight of such high post of office, and a position of pride and honor and that it cannot be very easily be crashed aside by the PM. The President plays a role of influencing the various policies and different actions taken by the Government, moderately.

Prime Minister of India, plays the role of a bridge in between Parliament and President. The President must be made informed regarding the happenings and workings of all the Department ,especially the ones which revolves around initiation of various policies. The relationship between the Pm and the President is of great importance as it’s the Pm who keeps his ears intact to the ground through which the President acquires the feel the pulse of the people ,hence ensuring the principles of democracy .as a government which is for the people.[1]

The President:
The President of India appoints other officer who hold constitutional posts as well some other vital members of the Central Government such as the
1.)Prime Minister.2.) The Council fo Minister on the Pm’s advice.3.) The Chief Justice of India along with other judges of the Apex Court and High Courts upon the CJI’s advice and other members of National Commissions, UPSC, etc.

President’s Powers:
The President has been entrusted with both legislative, executive as well as judicial powers by the Constitution of India.
He assigns various governors of the States as well as Attorney General, ambassadors to be sent to other foreign countries. He is the commander in –Chief- of the Armed Force of India
He can grant an award of pardon, reprive, remit, amnesty, remission of a person ,also in certain cases can minimize the sentence of death of the person who is offended, mainly regarding cases which revolve around punishments related to death (Art 72,deals with the pardoning power of the President.).In Shatrugan Chauhan and Anr. V Union of India & Ors.,where the Court upheld that during certain grounds such as insanity, delay etc, the death sentence can be commuted to life imprisonment.

B .The legislative powers of the President are cited below:
1. The President of India is entitled to command the Lok Sabha as well as the Rajya Sabha as well as postpone it, he can also lead to the dissolution of the House..
2. Bils can only become law when they are passed by him also he can promulgate ordinances even when the Parliament cannot be in session.

The President of India , can declare State Emergency under Art.356, if he feels satisfied that the constitutional machinery of concerned State has gone through a breakdown. Also, he can impose National Emergency under Art.352, during war, rebellion of arms , external aggression. (Indo-PAK war, (Indo-China-War.) When cases as such occur, that the PM insists President, he is bound put his signatures in that bill , this was how the Emergency was declared by President Fakruddin Ali Ahmed in 1975.

Further, a Financial Emergency can be imposed by him if he feels that the State’s stability in finance is no more in stable form under Art.360

The PM:
The PM of India has the following powers by the virtue of being the head of Union of Coucil of Ministers:
1. Its on the PM’s recommendations that the President appoints ministers.
2. PM he is the presiding officer to various meetings of t council of ministers ,also his decisions play an influential role
3. PM, may ask any minister to give his resignation at any time or else it It is upon his advice that President dismisses any minister especially when cases concerning difference in the opinion ,occur.
4. Allocations, reshufflings of portfolios among various ministers take place by the PM.
5. He plays the role of a guide, director, controller ,coordinator of various activities that keeps on taking place among the ministers.
6. Further, if he resigns from his post, the whole ministry resigns from office. In short, the ministers are individually as well collectively responsible to him,also that they swim and sink ,together.

In Relation To The President:
The Following Are The Powers Of The Pm In Relation To The President:

1. The PM acts as the main communication channel in between the council of ministers and the President of India.
2. It is based on his sheer advice that President appoints The Attorney General of India, CAG, Chairman of various commissions etc.
3. He gives advice to President concerning the proroguing, summoning and dissolving of Parliament sessions.[2]

Further, the PM is considered to be the head of the Union Government as per the Indian Constitution while the President is mainly ,the head of the State as he derives these powers from the Constitution in itself. PM along with his council are collectively responsible to President.Even though, the post acquired by President is merely ceremonial;, but one cannot totally ignore his legislative and executive as well as judicial functions.Once,the elections to Lok Sabha gets over, the President is the one,inviting the leader of party who wins as majority for froming the Governement. Also, it is worth mentioning that, during a ‘Hung-Parliament’, the role of President gains much impetus.

`Although the executive functions performed by Government are taken and performed in President’s name. However here are certain files which do not reach him. are done in the name of President though all files do not go to him. There is a delegation called Transaction of business Rules which has stipulated the delegation. The appointments concerning Group-A, are performed in President’s name. He gives his signature for credentials concerning the officers who are sent to foreign where they act as representatives of India as well as in organizations which are at international levels. The VC of Universities at Central levels are also appointed by him. in the Central Government re done in the name President. `After the bill gets passed in both Houses, it is further sent to President and if he feels that there needs to be certain clarifications which are to be made ,he again sends the bill to the House for reconsidering it, later when such bill are passed again to the President, he is bound to sign it. However, in case President concludes in neither of passing or signing of the bill, the role of the PM is very limited in such circumstances.

The President holds the position of the Commander-In-Chief – in the Armed Forces in India .The Apex Court and High Court judges are all appointed by him with due recommendations and consultation sought in from the PM.[3]

Concluding Remarks:
Hence, to conclude it can be summed up that the relationship between the President and the PM is rather, complex yet managing and they enjoy equal powers and position which is of high importance and needed for the proper functioning of the Government machinery for maintain and managing and upholding the principles upheld in the Constitution and ensuring India as the largest democracy.

End-Notes
[1]http://www.yourarticlelibrary.com/essay/relationship-between-president-prime-minister-and-the-parliament/32167/
[2]https://www.quora.com/What-powers-do-the-president-and-prime-minister-of-India-hold-on-each-other
[3]https://www.quora.com/What-is-the-constitutional-relation-between-President-and-Prime-Minister-of-India

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