The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. Despite Article 53 of the Constitution stating the President can exercise powers directly, with few exceptions, all of the authority vested in the President is in practice exercised by the Council of Ministers, headed by the Prime Minister.
Constitutional role of the Indian Constitution states, "There shall be a President of India". Article 53(1) vests in the President the executive powers of the Union, which are exercised either directly or through subordinate officers in accordance with the Constitution. Although the Constitution explicitly says that the president is the executive head of the state, real executive power is exercised by the Council of Ministers, headed by the Prime Minister. This is inferred from Article 74 of the Indian Constitution, providing for a council of ministers to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice.
However, the Article 74(e) bars all courts completely from assuming even an existence of such an advice Therefore, from the courts' point of view, the real executive power lies with the President. As far resident's decision and action are concerned, no one can challenge such decision or action on the that it is not in accordance with the advice tendered by the Ministers or that it is based on no advice.
The president of India shall, before entering upon his office, make and subscribe in the presence of Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath affirmation that he/she shall protect, preserve and defend the Constitution (Article 60).
Which of the following are correct : (a) The President of India is the head of state and second citizen of India. (b) The President of India shall, before entering upon his office, make and subscribe in the presence of Chief Justice of India. (c) Constitutional role of the Indian Constitution states, "There shall be a President of India". | |||
Right Option : B | |||
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Which of the following are correct : (a) Article 74 of the Indian Constitution, providing for a "council of ministers to aid and advise the President who shall, in exercise of his functions, act in accordance with such advice". (b) The president of India shall, before entering upon his office, make and subscribe in the presence of Chief Justice of India. | |||
Right Option : C | |||
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Who among the following is the executive head of state of India ? [SSC CGL 2017] | |||
Right Option : B | |||
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