Can The President Remain Silent?

Can The President Remain Silent? Can the President of India remain as a mute spectator of the unscrupulous manner the Political system ransacking the country along destructive lines? When some of the leaders openly warned on the eruption of Gen Z on the scale of Bangladesh and Nepal, was it not the time for the President to make a step forward? Does the constitution make the President of India a Potential Static Power ? When the Parliament, Judiciary and the constitutional executives step out with of the cuff statements that causes emotional outrages and sensationalism, can the President remain quiet and roped in the tentacles of the Constitutional limitations? The trajectory of the political leadership is leading the country with a generation that has no considerations , respect or fear of law or constitutional institutionalism and offices, the destructive power in the streets is taking shape. Can the country live with a bad parentage of leadership -an unmindful generation that can act as a road roller? It reminds of the situation when Giani Zail Singh found that the manner in which Rajiv Gandhi was moving would lead to a political and economic crisis in the country. He had very little lime in the office to address the issue as his term of office was getting over by 1987, two years before the term of the Government was to expire. He was left with no options with an unyielding Prime Minister , and had to look ahead for constitutional options. Big Wigs among Political observers then had cast aspersions on the intentions of the President of India that the move was to create a challenge to the Parliamentary institutions and to eject Rajiv Gandhi Government from power. The President of India does not have powers at his disposal to dismiss a government basking in absolute majority. The construction of the provisions and residual powers did not let his hands stretch out of the constitution to draw a red line for his own government. The President usually examines the precedents and constitutional options during certain situations. Where no remedy is in hand, the next option is to look for viable Constitutional alternatives. The situation arises when the President finds that the basic substratum on which the Constitution of India exists has become unstable and weak. In such a situation Suo Moto cognizance do not fall in the consideration of the Judiciary. As a matter of Principle Judiciary has set its own limitations under the Doctrines of Separation of Powers, to issue directions to the government and its head or to the Leader of Opposition to behave or mend their ways. Though political insecurity and lapses in the functioning of the governments cause injury to the public, till a PIL is taken for consideration, the nature of injury cannot be assessed. In such a situation when public disorder can precipitate into political Instability and collapse of the economy, can the President stretch out to invoke discretionary powers to look for Constitutional Alternatives? Exploring Such Alternatives to equip the president with overriding powers can be possible only from the gaps, structural anomalies and missing links if any in the constitution of India. It requires phenomenal political acumen and determination to devise such Alternative Constitutional Mechanism with overriding effect on the predetermined functionality of the President of India. Anyhow. The determination of the President Giani Zail Singh opened the flood gates to challenge the mysticism cast on the constitutional basis to restrict the President as a powerless constitutional head. Zail Singh had his own inherent fears and doubts on his fate after leaving the Raisina Hills, which required larger support from the Political system. He retracted . The reality is that the President of India sleeps over extensive powers on all the constitutional institutions and executives appointed under his/her hand and seal. Rajiv Gandhi kept the President out of the government business by not informing him on the important developments. The President had to summon the Prime Minister for explanation. But R Venkataraman made it sure that the Prime Minister does not exceed beyond a certain limit, in an appropriate manner. The amount of tension in 7 Race Course Road was evident when security personnel had to stop the Prime Minister's cavalcade at the entrance gate of Rashtrapati Bhavan. Despite repeated requests the personnel did not let the PM . He said he had no information . When the Delhi Police Personnel was asked to call the President’s office and confirm about the appointment , he refused saying it is violative of his protocols. An impatient Rajiv Gandhi had to message back to PMO and get clearance to the Personnel at the gate. Indeed, the President had called the PM to meet him. But Rajiv Gandhi was a fast driver. He reached the gate even before the President could inform his Secretariat...But the Delhi Police constable was summoned by the Delhi Police Commissioner and was given a reward for sticking to the rules and Principles of Duty. It is said that Sardar Patel, the Union Minister of Home Affairs also faced such a situation, That was the kind of build up towards the end of the Rajiv Gandhi Regime. Hardly any President before and after Zail Singh had to look into the extent of Powers by virtue of being the constituent head of the Country. The Executive Powers of the Union flow out of the President is well laid in the Article 53 (1) of the Constitution “ (1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.” Once said and given , it is for each President of India to take one’s own course of understanding on the two components of this Provision, (i) exercised by the President directly and (2) through officers subordinate to him in accordance with the constitution. Here the architects of the Constitution had made a careful construction. The first part has no riders and is totally at the discretion of the President, a prerogative power, Inherent with the chair, but not limited by its constitution. The direct powers of cannot be limited to the operationalisation of the Constitutional machinery by appointing the Prime Minister and the Constitutional Executives, i.e., acting on the advice of the Council of Ministers. Zail Singh had every reason to explore this alternative power from the construction of Article 53 (i) of the Constitution of India. It is a question whether the President can remain silent over the ‘Off the cuff’ remarks of the Judiciary or outrageous behaviour in both the houses of the Parliament. Independence of the Judiciary falls only outside the Premises of the State and its Executive and the Article 50 in the natural course would remain confined within the premises of Tilak Marg – Bhagwan Das and Mathura Road intersection, till the respect and honour remains unchallenged by the quality and order of functioning. Sabarimala Order of 2018 sparked off a row and the people thronged to the streets leading to Law-and-order issues in Kerala. Can the Country disagree that the “ Cockroach” reference of His Lordship the Chief Justice of India did not serve as a signal for those in the waiting to charge the Government ? The words of the President R Venkataraman in a Public Broadcast is a pointer – “Your Freedom ends where my nose tip begins”. Every Provision would remain so, till the custodians do not let the words and gestures not translate as portents of a public upheaval. No one is an exception. Whether it be the Prime Minister, the Council of Ministers or the Constitutional Executives appointed by the President. Certain statements of sarcasm are not permissible from the cliffs of Power would call for a clipping and clamping a veil on the tongue. Can it be construed that the President will sit looking helpless on the behaviour of the Institutions constituted under his/her powers? The President has to keep the tabs on his/ her government. The first part of Article 5 powerhouses will have clips on their tongues and to reprimand every constitutional head in the limits. The reciprocative Power in no way affects the independent status of the Judiciary from the very structure of the Union of India. None of the Organs of the Union are independent of the President of India. The very structure of the Executive of the Union rests and vests on the Foundation of the Institution of President through the Article 52 “- “There shall be a President of India”. When read with Article 65 , 62 and 56 of the Constitution of India- Article 65 “The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President” (1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office. (2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties. Article 62 (1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full Article 56 (1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that (a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61: (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office, (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People. All the four articles the constitution imposes restriction on the State and binds the existence of the Union of India as Sovereign Socialist Secular democratic Republic with and through the Executive Powers radiating from the President. The President on the transfer and discharge of duties in absentia is meant to be directly communicated with the Vice President . To say, the constitution prohibits the vacuum of the President and ensures automatic succession without mentioning ‘ Perpetual succession”. Essentially the Constitution of India expresses that the “Union of India “ is an expression by and through the President. For the very simple reason, it cannot be construed that the President is a silent Power in the country, with no powers to issue directions to the subordinates, Institutions. Independent functioning and powers in their operations would remain so , as long as they perform within the stipulated premises of operations. The dialogues of the political system and the country have crossed all limits of dignity and decorum. Tone and language are becoming absurd and acceptable. Is it not the time for the President to take a step in ? Perceptions of Zail Singh were far more than right. If he had completed his initiative, it would not have led to a constitutional crisis, but an appropriate application of constitutionalism.