What are the expectations when the President of India is not bound by the aid and advice of the Council of Ministers?

The president of India is bound to follow the advice of the council of Ministers, because the president is nominal head of the state while real executive powers are vested with the Prime Ministers. There are certain exceptions when the president of India is not bound by the aid and advice of the council of Ministers. In such cases the President can work using his own discretionary powers.

Following are the exceptional situations when president can exercise his discretionary powers:

(I) President can seek reconsideration an issue from the council of Ministers, according to article 74 and Article III.

(II) The President can ask for information from the Prime Minister regarding functioning of the Government according to Article 78.

(III) The president generally appoints the head of the party that wins majority of the seats as the prime Minister. If majority is not obtained by any party in the Lok Sabah election then the President uses his discretionary power to choose the Prime Minister. As the president did in 1996.

(IV) It becomes clear that the council of Ministers is answerable to the Lok Sabha, when we combine Article 74 and 75. It is supposed that President is not compelled to work according to the aid and advice of the council of Ministers of the Government concerned, if any govt. loses support of the Lok Sabah.

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