Tamil Nadu Governor case: Supreme Court recalls first President’s power struggle over Hindu Code Bill

Supreme Court recalls President Prasad's power struggle over Hindu Code Bill, highlighting constitutional role of Indian President.

The Supreme Court, in its Tamil Nadu Governor judgment, recalled how an infant India watched with trepidation as its first President claimed to have power to exert his discretion and withhold assent to Bills even against the aid and advice of the Council of Ministers.

A Bench of Justices J.B. Pardiwala and R. Mahadevan recounted when Dr. Rajendra Prasad expressed reservations about the Hindu Code Bill, which proposed considerable reforms in the Hindu personal law, introduced in 1951. The President had sought to assert his independent authority to withhold assent to the legislation.

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The Jawhaharlal Nehru government had referred the issue to the first Attorney General of India, MC Setalvad, for an opinion.

“Mr. Setalvad clarified that the role of the President under the Indian Constitution was analogous to that of the British monarch and he was expected to serve as a constitutional figurehead. The Attorney General opined that the President does not possess the authority to act contrary to the advice of the Council of Ministers,” Justice Pardiwala narrated in his judgment pronounced on April 8 but published late on March 11.

The judge however said the opinion of the Attorney General was, with respect and magnanimity, “accepted” by the President and the ensuing controversy between the Prime Minister and the President was laid to rest.

However, Mr. Setalvad’s autobiography ‘My Life - Law and Other Small Things’ suggested that his opinion had rankled President Prasad, an “orthodox Hindu”.