The Common Law in India - College of Social Sciences and ...

The Indian Constitution 177Bills to the Houses of Parliament requesting theirreconsideration. The supreme command of the defenceforces of the Union is vested in the President.He has, in that capacity, powers in regard to theappointment, discipline, disposition and the use ofarmed forces. The Constitution also vests in himpower to create various statutory authorities in whomare vested the performance of different functions.However, we must not forget that the Constitutionrequires the President to act with the " aid andadvice " of his Council of Ministers. This may besaid to be one of the key provisions of the Constitution.The phraseology has been borrowed fromthe Government of India Act, 1935, and its truemeaning is to be found in British constitutionalpractice and conventions. The words appear to indicatea respectful formula appropriate to the dignityand status of the constitutional head of the state, inwhose name the government of the country is carriedon, requiring him to act in all matters in conformitywith the views of his Ministers. It is said to bethe first principle of the British Constitution that theKing acts solely on the advice of his Ministers. Theprovisions of the Indian Constitution seem to applythis principle to the President so that he is competentto act in the discharge of all the functionsvested in him by the Constitution solely with the aidand advice of his Ministers. The Indian Constitutionappears to have adopted the device of a constitutionalhead in whose name the power of the Government isto be exercised with the change that the constitutionalhead in India is an elected and not a hereditary head.