Question

There are a few areas where the President of India can act at his/her discretion. Thus proving that the President of India is not a rubber stamp at all. Give your views on this statement by giving examples from the past.

Answer 1

The assertion that the President of India is not a mere “rubber stamp” is accurate, as the Constitution vests the office with several situational discretionary powers where they can act independently of ministerial advice:

• Appointment of the Prime Minister: When a general election results in a hung parliament with no clear majority, the President uses personal judgment to invite the leader most likely to form a stable government. For example, in 1979, President Neelam Sanjiva Reddy independently chose to appoint Chaudhary Charan Singh after the fall of the Janata Party government.
• Exercising a Pocket Veto: The Constitution sets no deadline for presidential assent to an ordinary bill, thereby enabling the President to stall legislation indefinitely. In 1986, President Giani Zail Singh famously used this Pocket Veto to withhold assent from the controversial Indian Post Office (Amendment) Bill, successfully preventing it from becoming law.
• Reconsideration of Cabinet Advice: Under the 44th Amendment Act, the President can return any executive recommendation to the Union Cabinet for review once. In 1997 and 1998, President K.R. Narayanan exercised this right by returning recommendations to impose President’s Rule (Article 356) in Uttar Pradesh and Bihar, prompting the government to withdraw its proposals.