Distinction between Indian president and American President
- He is only a figurehead. The fair executive power is vested within the Prime Minister.
- He nominates Prime Minister, leader of the majority. Only the advice of the Prime Minister, he nominates other ministers. In appointing the Ministers, he has been no option, discretion.
- He is bound to follow the suggestion of the cabinet.
- The Cabinet forms the laws. The assent of the President is obligatory. If he doesn’t lie any bill, he may refuse to sign it, and send it for the reconsideration. After reassessment, if the Bill is again hand over for the assent of the President, he has been no right to with hold his assent.
- He has been no election power.
- He can melt the Loka Sabha only the recommendation of the cupboard .
- The period is 5 years.
- Immunity: No criminal cases can be instated against the President. Civil proceedings are often installed against President, after giving a statutory notice u/s 80 of Civil Procedure Code. There is no exemption to civil proceedings.
- He is voted by indirect election by a special process referred to as “Electoral College”.
- Our President constitutes Parliamentary Democracy.
- He is not too strong not too weak. A stabilized position is given to him.
- The President of India owns the equal characteristics of the ruler of england .
- If the Bill is beated, the Council of Ministers should quit.
- No Spoils system: in India there’s no system like this. Our President has been no authority to appoint Administrative services of his will. There is a distinct of “Union Public Service” to appoint the executive Officers.
- A person may be re-elected for many times.
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The Points that highlights the role of the President of India.
- Not Head of Government
The President of India is Head of the State, but not the top of state.
- Less Powerful than the Council of Ministers
India is a Parliamentary democracy. The members of Council of Ministers at the centre are answerable to the Lok Sabha. Further, most of the members of Council of Ministers are directly nominated by the people, but the President of India is indirectly elected. So, the Council of Ministers is more powerful than the President.
- Bound to receive the Cabinet’s Advice
The President of India is sure to accept the recommendation of the Council of Ministers. For sure, he has the power to return its advice to the Council of Ministers for reconsideration. But he is bound to accept it, if the same advice is sent back to him after reconsideration by the Council of Ministers.
- Discretionary Powers of President
Although the President isn’t the peak of the Union Executive, he’s not totally weak or helpless. In several conditions he can exercise real executive powers.
(a) If no party fails to win majority within the lok Sabha election-
If no party is in a position to win majority within the Lok Sabha, then the President has the discretion to ask any party to make government.
(b) When the govt dropped confidence within the House-
If, after losing the egotism of the Lok Sabha, the Prime Minister advises the President to break down the Lok Sabha, then the President isn’t sure to abide by his advice. The President will be free then to decide whether he will dissolve the Lok Sabha or he will try to survey an alternative government.
(c) Not sure to give assent to a Bill-
The President has the provision to return a bill to the Parliament for its reconsideration. When a bill is expressed to him by the Governor of a state for his assent, he may return it for reconsideration by the Assembly of that state or he may keep it with him considerably without giving assent to it.
- Not a Rubber Stamp
The preceding discussion strongly suggests that the President of India isn’t a decorative head or a rubber stamp. How powerful and influential the, President could be depends upon his personality, efficiency and situation.
The President of India is not as powerful as the President of the United States of America. Though he has a great deal of similarity with the British King, he seems to be more influential than him in national politics.
The president of the us is that the head of state and mayor of state of the us of America. The president manages the chief branch of the federal and is that the commander-in-chief of the us soldiers .
The authority of the presidency has risen substantially since its emergence, as has the provisions of the federal as an entire .While presidential power has retreat and flowed over time, the presidency has take part in an increasingly strong role in American political life since the beginning of the 20th century, with a important expansion during the presidency of Franklin D. Roosevelt. In modern times, the president is additionally looked upon jointly of the world’s most powerful political amounts because the leader of the single remaining whole superpower. As the leader of the state with the most important economy by formal GDP, the president owns notable domestic and international hard and soft power.
- He is genuine head of the executive.
- The members of the cupboard are chosen by the President. Then they are called secretaries, not Ministers.
- He is not sure to stick on the recommendation of the cupboard . The President is Boss and Secretaries are his subordinates.
- Doctrine of Separation of Powers strictly appealed in America. The President is not a member of legislature. It is the responsibility of the Congress to make the laws.
- He has been veto power.
- He cannot dissolve Legislature.
- The term is four years.
- Immunity: there’s no such immunity to American President, either civil or criminal proceedings. E.g. Water Gate case against Nixon, Monica’s case against Clinton , etc.
- As a principle he’s elected only direct election basis. But practically, he is nominated by direct elections.
- American President constitutes Presidential Democracy.
- He is very strong.
- The President of America joins in himself the functions of the King and therefore the Prime Minister of England.
- If the Bill is beated, neither the President nor the Congress should resign.
- Spoils system: the American President can designate 20% of the executive services of his will
- A person cannot function for quite two terms.
Author: Pragya Sinha,
Symbiosis law college,nagpur . 1st year