No Rubberstamp President

Praveen Davar
The 131st birth anniversary of Dr Rajendra Prasad India’s first President, falls today. He remains the only President, till date, who was elected to the highest office for more than one term. This article recapitulates the events leading to the election, and re-election of Prasad as India’s longest serving President.
The assassination of Mahatma Gandhi, on January 30, 1948, brought  Jawaharlal Nehru and Sardar Patel, differing on various issues, together. On Nehru’s 60th birthday, 14 November 1948, Patel praised Nehru for leading the nation safely out of the crisis that faced the country during the year and for enhancing India’s image abroad. Nehru responded by describing Patel as a tower of strength who was there to advise and act firmly. Patel also wrote : ‘Mahatma Gandhi named Pt. Nehru as his heir and successor. Since Gandhiji’s death we have realized our leader’s judgment was correct’ (Patel 490)
However, the relations between the Prime Minister and the Home Minister got strained over the choice of the first President of the Republic of India. Nehru had wanted the first Indian governor general after independence, C Rajagopalachari (CR), or Rajaji as he was called, to be bestowed the honour. He had, in fact, persuaded, Dr Rajendra Prasad, who was Patel’s choice, to step aside in favour of CR. Nehru called a meeting of Congress Parliamentary Party (CPP) to ascertain their views. The majority, dominated by North Indian MPs, expressed their preference for Rajendra Prasad.  The MPs had not forgiven Rajaji for resigning from the party when Quit India movement was launched in 1942. The great democrat that he was Nehru bowed to the party’s wish and paved the way for Rajendra Prasad to be the first President of India’s republic.
But from the start relations between the new President and his Prime Minister were uneasy. Prasad wanted the day fixed for the declaration of the Republic, 26 January, changed because his astrologers had told him that it was not an auspicious day. Nehru did not lose the opportunity to tell his President that India would not be run by astrologers at least as long as he was around. Prasad’s insensitivity was surprising for 26 January commemorated a major event in the political history of  India; it was the anniversary of the national celebration which Gandhiji organized after the purna swaraj resolution moved by Pt Jawaharlal Nehru exactly two decades before, and the Congress used to celebrate that as Independence day each year. Nehru wrote to Prasad :
I am afraid I have no faith in astrology and certainly I should not like to fix up national programmes in accordance with the dictates of astrologers. The change of date 26th January for another date would require a great deal of explanation and would not redound to our credit in the world or, for the matter of that, with large numbers of people in India.
The restoration of the Somnath temple had been approved by the Nehru cabinet soon after Junagadh acceded to India in November 1947. Its reconstruction however was completed only a few months after Sardar Patel had passed away in December 1950. KM Munshi, a cabinet minister, who was the chairman of the official committee of reconstruction of the temple, approached Dr Rajendra Prasad to inaugurate the temple. Installation of the jyotirlingam was a part of the inaugural ceremony. Munshi was apprehensive that the President might not accept the invitation in view of the fact that Prime Minister Jawaharlal Nehru was not in favour of a secular state associating itself with a religious ceremony. Dr Rajendra Prasad, however, disregarded the Prime Minister’s objections and attended the ceremony which drew scathing criticism from the socialists and communist leaders.
Rajendra Prasad was personally and ideologically opposed to the enactment of the Hindu Code Bill. When this bill came before the provisional Parliament, Prasad had objected to it on the basis of locus standi and said that since it was not an elected Parliament, such an important measure should not be considered and passed by it. Rajendra Prasad wrote to Nehru that he would act solely according to his own judgement, independently of the Council of Ministers, when giving assent to the bill. Prasad desired to use the power of his office to force the provisional Parliament to shelve the measure or, failing that, to veto it even against the advice of his cabinet. It is to Nehru’s credit that he gave a very mature and blunt advice to Prasad not to over-step the limits of his office. Nehru wrote :
In our view, the President had no power or authority to go against the will of Parliament in regard to a Bill that has been well considered by it and passed. The whole conception of constitutional government is against any exercise by the President of such authority… The question of the competence of the present Parliament to enact such a measure was raised in Parliament itself, and after much discussion, the Speaker gave a ruling on the subject… It is hardly open to anyone, even the President, to challenge that decision.
Fortunately, the President did not pursue the matter and a constitutional dead-lock was avoided.
Nehru visited the Soviet Union in June 1955 and the reception he received on arrival in Moscow was unprecedented – something no visiting head of State or Government has received after him. The Russians went all out to fete Nehru. The visit to Russia made the West feel that it would result in relaxing tension. The feeling in India was one of exultation over the triumphant tour of their national hero. Swept along by the wave, President Prasad decided to bestow the highest honour, Bharat Ratna  on the Prime Minister. Prasad’s explanation was straightforward. He said: ‘Jawahar is literally a Bharat Ratna (Jewel of India). Why not formally make him one?’  In so doing the President disregarded the well established convention of a formal ceremony : the decoration was awarded at a banquet without a citation.
However the relation between the President and the prime Minister continued to be strained. There was high drama before Rajendra Prasad got his second term as President. Nehru wanted the Vice President Dr S Radhakrishnan elevated but once again the majority view in the CPP favoured a second term for Prasad. If it was Patel earlier, this time it was Maulana Azad, Nehru’s closest adviser, who clinched the issue. Maulana Azad had to use all his persuasive skills to convince Dr Radhakrishnan to stay on as Vice President  for the second term.
Though Dr Rajendra Prasad’s last term was comparatively a smooth affair he ensured, despite Nehru’s awe-inspiring national and international stature, that he was far removed from being a rubber-stamp President.
(The writer is Member of National Commission for Minorities (NCM). The views expressed are his personal)
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