i. Position of the President
The position of the President has changed, with respect to his discretion to use his power, has changed since the inception of the Constitution. The two major changes came through the 42nd and 44th Amendment Act of the Constitution.
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Prior to the 42nd Amendment Act of 1976 |
Prior to the 42nd amendment to the Constitution, the President was free to make decisions based on his wisdom. He may also consider the Council of Ministers for their advice on the action. As the Constitution at that time talks about constituting a Council of Ministers with a Prime Minister, as its head, to aid and advise the President in carrying out his duties. |
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After the 42nd Amendment Act, 1976 |
Later, the Constitution was amended to add the phrase that the President shall act on the aid and advice of the council of ministers. But the provision was still ambiguous whether the advice given by the Council of Ministers is binding on the president or not. |
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44th Amendment Act, 1978 |
This amendment was brought it to swipe off the ambiguity created by the 42nd amendment. This provision said that:
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