THE PRESIDENT OF INDIA: A DE JURE HEAD OF GOVERNMENT
Downloads
Keywords:
President, Article 52, Article 74, Constitution, Prime MinisterAbstract
“Lawyer’s constitution” or “Borrowed Constitution” many times. With 444 articles divided in 22 parts and 12 schedules, the constitution of India stands as the longest constitution in the world. On the basis of Montesquieu principle of separation of powers, the Constitution of India has divided its power into three organs (Legislature, Executive, Judiciary). Executive power in India according to Article 52 is vested in the office of President. But unlike the President of
U.S.A or Russia, the President of India does not really have the same executive power. Article 74 of the Constitution talks about formation of a council of ministers, which advises the President. According to Article 74 President shall follow advice of the council of ministers. Surprisingly, the original draft of the constitution which came into force in 1949 gave more flexibility or power to the President as it did not use the word “shall”. But the 42nd and 44th Amendment brought quite a change to Article 74. Both of these amendments restricted the freedom of the President to use his/her powers. The position of President as of now is more of a notional. He can only use his powers on advice of the Prime Minister and his council. This really raises the question as to the need of having a President when he can only work on advice of the Prime Minister. The Office of President is based on the concept of monarchy of England and other European Countries. Though the cost of having a de jure head of government really makes a dent on Pocket of common people and also creates unnecessary complications.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Abhishek Sharma
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
