Status of President of India was very considerately enshrined as Protector of COI under Art-60
President takes oath to Protect COI but 42nd & 44rth amendments of COI are not fair to President
Daya Sagar
It was in June 1947 that British Parliament enacted Indian Independence Act 1947 which was assented by the British Crown ( King of Britain) on 18-07-1947 laying down “An Act to make provision for the setting up in India of two independent Dominions, to substitute other provisions for certain provisions of the Government of India Act, 1935, which apply outside those Dominions, and to provide for, other matters consequential on or connected with the setting up of those Dominions ” Where Section-1 of the Act said ” 1.-(i) As from the fifteenth day of August, nineteen hundred and forty-seven, two independent Dominions shall be set up in India, to be known respectively as India and Pakistan. (2) The said Dominions are hereafter in this Act referred to as the new Dominions “, and the said fifteenth day of August is hereafter in this Act referred to as ” the appointed day “.
Based on detailed studies of world democracies and governments like Great Britain (The Constitution of the United Kingdom or British)/ US /USSR/ etc , the reports / suggestions from different committees the Constituent Assembly Secretariat under the guidance of B N Rau ( ICS 1909) had prepared the draft sketch of the constitution by Oct 1947 for further action by the Drafting Committee / core committee of experts headed by Dr BR Ambedkar which in the regular draft shape was submitted to President of the Constituent Assembly on 21-02-1948 for discussions/ debates/ approvals.
It was a well reasoned draft sketch which had taken the leads / particularly from the British Constitution and the Constitution of United States & the Government of India Act 1935 for giving to people of India a democratic republic focussing on all the powers resting in the representatives elected by the common citizen of India with a check on the elected representatives /their elected leader to curve the authority of common man as a unit of republic at any later date. The ‘uncoded’ British Constitution where the head of the state the King Emperor is only a nominal head of State with roots in the Monarchy of earlier times and the head of Government is the Prime Minister , the British Parliament though comprises of the House of Lords and the House of Commons the full unlimited constitutional authority rested in the House of Commons ( an elected body) which could pass and enact any act / law / amendment / addition in constitution. The Constitution of United States of America has President as the Head of State as well as head of the government where as the Parliament comprises of two houses i. e Senate and the House of Representatives. The house of representatives has to initiates all revenue bills and the senate must confirm many major appointments made by the President. On face of it , it is very difficult to amend the constitution of United States of America where as there is no constitutional restriction on the House of Commons of UK to enact any law and the once passed by the House of Commons is law. In case an Act of the President of USA is not made through by the House of representatives the President still stays as President and in case the President office vacated before term/ is vacant the Vice President becomes the President till next President is elected. Where in the original Constitution of India the President of India though was an elected office but was an elected peoples representative through indirect method of election i.e voted by the members of Lok Sabha (elected by citizens of India directly) , by the members Rajay Sabha ( elected indirectly by citizens of India through their members in legislative Assemblies of States (elected by citizens directly) and the members of Legislative Assemblies of the States (elected by the citizens by direct election). The President was designated as head of State (Union) and supreme commander of the forces. The executive head of the Government of India is designated as Prime Minister who has to be leader of the party / group that enjoyed the confidence of majority in Lok Sabha and is appointed by the President.
To be continued
(the author is a Sr Journalist & analyst of J&K Affairs. dayasagr45@yahoo.com)