The issue of Presidential stature has been raged into debate on a number of times by Dr. Rajendra Prasad, K. Subba Rao and V.V. Giri. According to Ambedkar ‘the title of functionary reminds one of the Presidents of the United States.
But beyond identity of names there is nothing in common between the form of Government prevalent in America and the form of Government proposed under the Draft Constitution.
Under the Presidential system of America, the President is the chief head of the executive. Under the Draft Constitution the President occupies the same position as the King/Queen under the British Constitution.”
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He further added that “The President of the Indian Union will be generally bound by the advice of his ministers. He can do nothing contrary to their advice, nor can he do anything without their advice.”
Later on the Supreme-Court in following cases
i. Ram Jawaya Vs. State of Punjab
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ii. R.C. Cooper Vs Govt. of India
iii. Samsher Singh Vs State of Punjab
Observed that the President is not the real executive. It is the Council of Ministers which is vested with real executive power.
42th Amendment Act (1976) made it binding on the part of President to act on the advice of Council of Ministers. “There shall be a Council of Ministers with the Prime Minister at the head to aid and advice the President who shall, in the exercise of his functions, acts in accordance with such advice.”
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44th Amendment Act (1977) added a provision in Article 76 which now reads, “There shall be a Council of Ministers with the PM at the head to aid and advice the President who shall, in the exercise of his functions, act in accordance with such advice. Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.”