Though President of India is the constitutional head of the state, he is only a nominal executive and not a real executive. Comment.
Introduction
Indian constitution envisages 'Parliamentary form of Government' wherein two sets of executives exist while one enjoys nominal and mere de-facto powers. Delimitation exercise is based on principles of true representation so as to enshrine and ideals of true democracy prevail. Article 123 of constitution endows 'Ordinance-making powers' on President which roots its roots to Government of India Act 1935, with its own challenges & promises.
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Main Body
Indian constitution envisages 'Parliament-ary form of Government' wherein two sets of executives exist while one enjoys nominal and mere de-facto powers.
Indian President as constitutional head:
However, in order,
=> Head of State ≠ Head of Govt
President Prime Minister
(Article 74)
President as nominal executive:
In India, Prime Minister heads the real executive powers via Council of Ministers, as seen in nominal powers of President:
Delimitation exercise is based on principles of true representation so as to enshrine and ideals of true democracy prevail.
Delimitation Commissions (Size and expenditure = 4):
Then, constituencies form until 2026 census.
Significance of Delimitation:
1. Ensures similar % of population represented on MP/MLA across India/state respectively
2. Adequate representation to SC/STs via protected law in 'Reserved State'
3. Give parliamentary seat to new districts or states (intra-intime)
4. Will be essential for operationalization of 'New Delhi (initially 2023)'
Challenges in delimitation exercise:
1. Gerrymandering: shifting constituency boundaries to suit political interest
2. Revaluation of low population states especially between India ≠ lowered share in MP state
3. Other in gauging migration patterns to ensure true equal representation
However, concepts like 'One Nation One Election' and inter-checks and balances in Delimitation Committee (Judicial, executive and election commission) ensure unbiased exercise.
Article 123 of constitution endows 'Ordinance-making powers' on President which roots its roots to Government of India Act 1935, with its own challenges & promises.
Constitutional to Accountability and democratic consensus:
1. Bypassing of normal deliberative legislative process:
a) No scope of public consultation
b) can have high risks of legislative import
Eg. huge uproar against the state farm laws in 2020.
2. No limit on re-promulgation of expiring ordinance, as seen in case of Bihari assembly in early 90s.
3. Desperate access of legislature and adopt ordinance write to pass controversial legislations:
No scope from opposition views and debates.
Need of such powers:
1. Wadiya Case (Bihar) - Limit on deliberate re-promulgation of ordinance to evade debate.
2. Proper 'legislative impact assessment' of ordinance.
3. Prompt approval by league within 6 weeks of reassembly.
20, ordinance powers being open to amplified use should so guided by democratic consensus (for a true democratic!).
Conclusion
However, concepts like 'One Nation One Election' and inter-checks and balances in Delimitation Committee (Judicial, executive and election commission) ensure unbiased exercise. 20, ordinance powers being open to amplified use should so guided by democratic consensus (for a true democratic!).
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Diagram
Diagram showing Head of State (President) on left connected to 'PRESIDENT AS NOMINAL EXECUTIVE' with branches to 'Head of Govt (Prime Minister)' on right, illustrating separation of powers
- Clear distinction between nominal and real executive powers
- Proper citation of constitutional articles (53, 74)
- Systematic enumeration of presidential powers and limitations
- Good use of structured format with bullet points and diagram
- Addresses the core argument that President is constitutional head but nominal executive
- Comprehensive listing of delimitation commissions and their years
- Clear identification of significance of delimitation process
- Addresses challenges like gerrymandering
- Mentions constitutional safeguards like SC/ST reservations
- Reference to constitutional bodies (Judiciary, Election Commission) ensuring checks and balances
- Clear articulation of how ordinance-making powers bypass democratic processes
- Specific example (farm laws 2020) of controversial ordinances
- Mention of Bihar assembly case showing practical abuse
- Reference to historical roots (GoI Act 1935)
- Proposes concrete safeguards like legislative impact assessment and approval timeline
ASAD AQEEL
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Executive Powers and Presidential Functions
550
Total words
13
Paragraphs
12
Bullets
Analytical and structured
Tone