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ASAD AQEELAIR 321· 2025

Question Q6GS2GS2

Though President of India is the constitutional head of the state, he is only a nominal executive and not a real executive. Comment.

Open scan (p.11)

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.

65 words

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:

Article 53 envisages 'President' as 'Head of Union' Executive
acts as Supreme Commander of Armed Forces
Concludes Treaties and agreements
Receives Foreign Diplomats and Ambassadors

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:

cannot dissolve the government as long as it supports majority support in Parliament
does not object the executive business and merely acts as 'stamping authority'
Binding on him to give assent to Bill when presented again
cannot reject a constitutional amendment

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):

1952 Act
1963 Act
1972 Act
2008 Act

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!).

445 words13 paragraphs12 bullet points

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!).

40 words

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

Topper

ASAD AQEEL

AIR 3212025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Significant Provisions

Executive Powers and Presidential Functions

Writing Stats

550

Total words

13

Paragraphs

12

Bullets

Analytical and structured

Tone