Role of the President in administrative functions
Role of the President in Administrative Functions: Overview
The President, as the Head of State, plays a vital role in the administrative machinery of a country, even though the primary responsibility of day-to-day administration often lies with the executive (Prime Minister and Council of Ministers). The President’s administrative functions typically include:
Appointment powers: Appointing key officials like the Prime Minister, Ministers, Governors, Judges, and Heads of autonomous bodies.
Discretionary powers: Exercising discretion in certain administrative decisions, especially when normal processes fail or are ambiguous.
Supervisory and coordinating role: Overseeing the smooth functioning of constitutional machinery.
Granting pardons and reprieves: Exercising clemency powers.
Summoning and proroguing the legislature: Administrative role in legislative sessions.
Promulgation of ordinances: Issuing laws when the legislature is not in session.
The President usually acts on the advice of the Council of Ministers, but in some cases, the President has discretionary administrative functions.
Case Law Examples
1. S. R. Bommai v. Union of India, AIR 1994 SC 1918
Context:
This landmark case discussed the President’s power under Article 356 (imposition of President’s Rule in states).
Issue:
Whether the President’s power to dismiss a state government and assume administrative control is absolute or subject to judicial review.
Decision:
The Supreme Court ruled that the President’s action under Article 356 is subject to judicial review to prevent misuse.
Role of the President:
The President exercises administrative functions by imposing President’s Rule when a state government fails to function as per the Constitution. However, this administrative power is not absolute and must be based on valid material.
2. In re Berubari Union and Exchange of Enclaves, AIR 1960 SC 845
Context:
This case involved the President’s power to negotiate and enter into international agreements involving territorial changes.
Issue:
Whether the President could cede Indian territory to Pakistan without a constitutional amendment.
Decision:
The Supreme Court held that the President must act within constitutional provisions, and for such territorial cessions, a constitutional amendment is required.
Role of the President:
The President, in an administrative capacity, represents the nation in foreign affairs and can negotiate treaties but must act within constitutional limits and often needs parliamentary approval.
3. Shamsher Singh v. State of Punjab, AIR 1974 SC 2192
Context:
This case dealt with the President’s power to grant pardons or reprieves under Article 72.
Issue:
Whether the President’s clemency powers are absolute and immune from judicial scrutiny.
Decision:
The Court held that the President’s power is wide but not absolute; it is subject to judicial review in cases of mala fide or arbitrariness.
Role of the President:
The clemency power is an administrative function allowing the President to review and mitigate punishments, acting as a check on the judicial system.
4. Union of India v. Raj Narain, AIR 1975 SC 2299
Context:
This case involved the President’s power to summon and dissolve the Lok Sabha.
Issue:
Whether the President could dissolve the Lok Sabha on the advice of the Prime Minister.
Decision:
The Court affirmed that the President normally acts on the advice of the Council of Ministers, but can exercise discretion in exceptional cases.
Role of the President:
The President exercises administrative functions related to the functioning of the Parliament, such as summoning, proroguing, and dissolving the House.
5. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Context:
This is one of the most important constitutional cases regarding the scope of presidential powers and the basic structure doctrine.
Issue:
Extent of the President’s powers in assenting to constitutional amendments.
Decision:
The Supreme Court held that the President’s assent to constitutional amendments is part of the constitutional process, and the amendments cannot alter the basic structure of the Constitution.
Role of the President:
The President’s assent is an essential administrative function in the legislative process, especially concerning constitutional amendments.
6. Rameshwar Prasad v. Union of India, (2006) 2 SCC 1
Context:
This case questioned the scope of the President’s powers under Article 356 and the President’s rule.
Issue:
Whether the President must act on subjective satisfaction or is bound by material evidence.
Decision:
The Supreme Court emphasized that the President’s satisfaction must be based on relevant material and is subject to judicial review.
Role of the President:
The President’s administrative function in overseeing state governance and intervening in cases of failure is under judicial scrutiny to prevent abuse.
Summary of the President's Administrative Functions from Cases
Imposition of President’s Rule: Limited and subject to judicial review (S.R. Bommai; Rameshwar Prasad).
Appointment and removal powers: Administrative authority to appoint and remove key officials (implicit in all cases).
Clemency powers: Review and mitigation of sentences (Shamsher Singh).
Legislative functions: Summoning, proroguing, and dissolving Parliament or State Assemblies (Raj Narain).
Foreign affairs: Signing treaties within constitutional limits (Berubari Union).
Assent to laws and amendments: Crucial role in the legislative process (Kesavananda Bharati).
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