Introduction
The role and powers of the President differ significantly in India and the United States due to their distinct forms of government. While the United States follows a presidential system, where the President is both the head of state and government, India follows a parliamentary system, where the President is the constitutional head, but real power rests with the Council of Ministers, led by the Prime Minister.
This article critically compares the powers of the Indian President and the US President and examines how India’s parliamentary framework limits the authority of its President.
Constitutional Position of the President in India and the US
The Indian President
- The President of India is the head of state, the Supreme Commander of the Armed Forces, and represents the unity and integrity of the nation.
- The position is defined under Articles 52 to 78 of the Indian Constitution.
- The President acts on the advice of the Council of Ministers, led by the Prime Minister (Article 74).
The US President
- The US President is both the head of state and head of government, holding direct executive power.
- The office is defined under Article II of the US Constitution.
- The President is not bound by ministerial advice and exercises executive authority independently.
Comparison of Powers
1. Executive Powers
| Aspect | Indian President | US President |
|---|---|---|
| Head of Government | The President is the ceremonial head; real power lies with the Prime Minister. | The President is the actual head of government and the executive authority. |
| Appointment Powers | Appoints the Prime Minister, Governors, Supreme Court judges, and other officials on the advice of the Prime Minister. | Appoints Cabinet members, Supreme Court judges, and other officials independently, subject to Senate approval. |
| Commander-in-Chief of Armed Forces | Holds the title but acts on ministerial advice. | Has direct command over the military and can take independent decisions on military actions. |
| Executive Orders | Can issue executive orders but only within constitutional and legal limits. | Can issue executive orders with direct policy impact. |
Key Difference: The US President has independent executive power, while the Indian President acts as a constitutional head, following the advice of the Prime Minister.
2. Legislative Powers
| Aspect | Indian President | US President |
|---|---|---|
| Legislative Role | Summons, prorogues, and dissolves Parliament but does not control legislative functions. | Can propose legislation, veto bills, and influence Congress. |
| Veto Power | Has three vetoes: Absolute, Suspensive, and Pocket Veto. However, in most cases, must act on the advice of ministers. | Has a strong veto power, which Congress can override only with a two-thirds majority. |
| Ordinance Power | Can issue ordinances (temporary laws) under Article 123 when Parliament is not in session. | Cannot issue ordinances, but can issue executive orders that have legal force. |
| Address to Legislature | Addresses both Houses at the start of each session but does not directly influence policy. | Can address Congress anytime and influence policy directly. |
Key Difference: The US President plays a direct role in legislation, while the Indian President’s role is mostly procedural and advisory.
3. Judicial Powers
| Aspect | Indian President | US President |
|---|---|---|
| Appointment of Judges | Appoints Supreme Court and High Court judges, but based on the advice of the Prime Minister and Judiciary. | Appoints Supreme Court justices and federal judges, subject to Senate approval. |
| Pardon Powers | Can grant pardons, reprieves, and commutations under Article 72, but subject to judicial review. | Can grant pardons and reprieves for federal crimes, with no judicial review. |
Key Difference: The US President has greater judicial independence, whereas the Indian President’s decisions can be challenged in court.
4. Financial Powers
| Aspect | Indian President | US President |
|---|---|---|
| Annual Budget | Presents the Union Budget in Parliament, but has no real role in financial policymaking. | Prepares and presents the federal budget and directly influences financial policies. |
| Money Bills | Cannot introduce Money Bills; only Parliament can. | Can propose financial policies and influence budget discussions. |
Key Difference: The Indian President has little role in financial policymaking, whereas the US President directly shapes economic policy.
How the Parliamentary System Limits the Indian President’s Power
1. Binding Ministerial Advice (Article 74)
- The 42nd Amendment (1976) made it mandatory for the President to act on ministerial advice.
- The 44th Amendment (1978) allowed the President to return advice once for reconsideration, but must accept it if re-submitted.
- This greatly restricts the President’s autonomy.
2. Nominal Head of State
- The real executive power is vested in the Council of Ministers, led by the Prime Minister.
- The President cannot act independently on key matters.
3. Limited Veto Powers
- Unlike the US President, who can block legislation indefinitely, the Indian President’s veto can be overridden.
- The President can return a bill once, but must sign it if Parliament passes it again.
4. No Direct Role in Law-Making
- The Indian President does not introduce bills or propose legislation, unlike the US President, who actively engages with Congress.
5. No Direct Military Authority
- The Indian President is the Supreme Commander of the Armed Forces but cannot take independent military action.
- In contrast, the US President can order military operations without Congressional approval (e.g., drone strikes, airstrikes).
6. No Political Role in Government Formation
- The US President is elected separately and has a direct political mandate.
- The Indian President is elected indirectly and has no direct role in policymaking.
Case Studies: When the Indian President Exercised Power
1. Dr. Rajendra Prasad (1950-1962)
- Questioned the Hindu Code Bill but had to approve it after Parliament re-passed it.
2. Giani Zail Singh (1982-1987)
- Used the Pocket Veto to delay the Indian Post Office (Amendment) Bill.
3. K.R. Narayanan (1997-2002)
- Returned the Representation of the People (Amendment) Bill, 2002, questioning its impact on electoral transparency.
These examples show that while the President has some discretion, it is limited by the parliamentary system.
Conclusion
The powers of the Indian and US Presidents differ significantly due to their respective governance models. While the US President has direct executive, legislative, and military control, the Indian President is largely ceremonial, bound by constitutional limitations. The parliamentary system in India limits the President’s authority by making the office dependent on ministerial advice and removing independent decision-making powers.
However, the Indian President still plays a crucial role as a constitutional guardian, ensuring laws and governance remain within democratic principles. The office may be limited in power, but it remains vital to maintaining political stability, continuity, and constitutional balance in India’s democracy.
