Context: Upcoming Presidential elections in India has brought the debate about the President being just a rubber stamp.

Arguments saying that the office of President is a mere rubber stamp

• According to Article 53 of the Constitution, “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.”

• This effectively means that the President can exercise his powers only on the aid and the advice of the Council of Ministers. 

• Such a provision has made critics feel that the office of the President in India is a mere rubber stamp.

• Political experts in the past have felt that the President is “sort of a mere gramophone of the Prime Minister.”

• Dr. B.R. Ambedkar said that “Our President is merely a nominal figurehead. He has no discretion; he has no powers of administration at all.”

Arguments that highlight the significance of the office of President

Election of the President – President is elected by an indirect election through an electoral college which according to Article 54 consist of only the elected members of both Houses of Parliament and the elected members of the State and Union Territory Assemblies. 

• The value of vote plays an important role as it takes into account the population of individual states and eventually population of the country

• This gives a wider base to the President than a mere vote by the legislators on the basis of one member, one vote. 

• This entrusts the President with a greater moral authority.

Legislative powers – The President of India has the powers to disagree with the decision of the Council of Ministers, caution them and counsel them.

• The President can send back the decisions of the Cabinet and ask them to reconsider it once.

• Through this provision, the Constitution of India has ensured that the office of President is vigilant and responsive.

• This provision also gives the President the freedom to take a broader view of things which is not influenced by the political view of the executive.

Oath of the President – Through the oath, the President promises to preserve, protect and defend the Constitution and devote himself/herself to the service and the well-being of the people of India.

• These promises ensure that the President has a much bigger role than being just a rubber stamp or the gramophone of the Prime Minister or the council of ministers.

Road Ahead

• Thus, it is possible for a President to disagree with the government or intervene on behalf of the citizenry against the tyranny of the executive and persuade it to give up its ways. Such persons alone can rise to the level of the President; others can only be presidential office holders. India needs Presidents, not presidential office holders.

• The office of President is not merely a rubber stamp as the President plays a crucial role in safeguarding the rule of law of the country and the liberty of the citizens as he is oath-bound to preserve, protect and defend the Constitution.