India is an indirect democracy. We elect our representatives who in turn elect their leader or the Prime Minister to 'lead' the country. But as per the Constitution, the 'head' of the country is the President. The President is generally regarded as a mere titular head with the Prime Minister alongwith his cabinet colleagues wielding effective executive power. The President is aided by the Prime Minister and his council of ministers and his decisions are bound by their advice. Before the 42nd amendment, which was brought in by Smt. Indira Gandhi, it was a mere convention that the President would act in accordance with the advice of the council of ministers. Post the amendment, it was constitutionally mandated that he so act.
So given this background and the understanding that the President is only and only a figurehead and that is how the legislative elite would want him to be, why this sudden flurry about who should be our next President? Nowadays, I have developed sort of a pessimism (which I am sure many would have developed too). I can't believe that whatever is happening is happening without any vested interests making it happen. And too much is happening for me to actually want it not to happen for the better. So this theory.
The Congress, which is leading the ruling coalition has kept its cards close to its chest. It has been very discreet about the choice of its candidate and at the same time holding back-channel meetings with allies and like-minded parties. The BJP has been more vocal about its preferences. But, the what-could-have-been-the-coup-de-grace came from Selvi Jayalalitha. The TN Chief Minister went all guns blazing, after garnering support from a few other regional parties like the BJD and tried to portray a 'tribal' leader Mr. Sangma, as the next President. Mr. Sangma on his part too began openly canvassed for support. Never had the country seen any person so openly asking to be made the next President and that too because he was a 'tribal' leader. His party, the NCP, categorically maintained its distance from him and around 8-9 'tribal' leaders from the Congress recently denounced his nomination too.
But, the moot question remains. why all this drama? The President does not have much authority or real power right or does he? Article 74 would want us to believe that he does not. But there is a big weapon that the President carries. The Pocket veto! For a bill to become an Act and have the force of a law, it has to receive the assent of the President. The President can suggest changes but these need not be accepted by the Parliament. But, the President can also withhold his assent i.e. keep the bill with him for 'consideration' and let it be there for eternity or till the next President arrives. This way he can effectively checkmate the Government and stall any of its agendas.
Dr. Kalam became the first President to use another related power, the power of returning the bill to Parliament for reconsideration. He received the Parliament (Prevention of Disqualification Amendment) Bill 2006 duly passed by both the houses of Parliament. It, inter alia exempted MPs from being disqualified for holding certain offices of profit under the government. He returned it with his suggestions under Article 111. This raised a big hue and cry and the real power of what a President is capable of was unravelled. So also President Pratibha Patil has withheld her assent to the Gujarat anti-terror bill thereby creating hurdles for it to become an Act.
As seen above the President can wield immense power though he seldom chooses to use it. He can be a tool to keep the opposition-ruled states in check but at the same time he can keep the ruling party guessing too. It's not for nothing that the political parties are taking such efforts, staking their own reputations to get their own candidates elected. What the third-front has done by suggesting Mr. Sangma's candidature is to effectively try to have a say in the decision making at the national level which it presently does not have the legislative capacity to do. It is a very clever political ploy which if reaches fruition will usher a new era in Indian democracy where we would have a ruling majority, an opposition and a President representing the third front. What will happen to the nation is something that only time can tell. But one thing is certain. The President is coming.
Rise all you old faithful men! The President is coming!
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