‘Constitutional Privileges’ from the prism of Constitution of India and Judicial Precedents: A Holistic Analysis

Abstract

The First Prime Minister of India Shri Jawaharlal Nehru once commented that, “The emphasis of Ministerial form character of Government and that power resides in the Ministry and the Legislature, where the power of the President is one of great authority and dignity... The President of India is also the supreme Commander-in-Chief of defence forces...” The immunity enjoyed by President is extensive; the privileged communication with the Council of India, has to be seen in the perspective of enormous responsibility of the President of India in the constitutional framework. The instant paper is an attempt to look at varied facets of Constitutional privileges of President, Governor, Prime Minister, Council of Minister and their ever-increasing role for the welfare of citizenry in the realm of societal growth and development and upholding the noble ideals of the framers in light of testing the aforementioned enunciated powers and privileges with the touchstone of the Indian Constitution. Without concentration of power in single office, Dr. BR Ambedkar4 once said that an ideal executive should be stable and symbolise the Indian National unity, glory, inclusiveness and goes beyond the responsibility towards People of India. In sequitur it is averred that, President can have a high persuasive influence on the legislative setup. The ordinance making power is an important facet of the power of the President, though it has to be passed within 6 months of the starting of the session, provides legislative power also to the President of India.