Sat Apr 12 09:54:58 UTC 2025: ## Supreme Court Judgment Highlights First President’s Power Struggle
**New Delhi, April 12, 2025** – A recent Supreme Court ruling in the Tamil Nadu Governor case has unearthed a historical power struggle between India’s first President, Dr. Rajendra Prasad, and the Jawaharlal Nehru government over presidential powers. The judgment recounted how Dr. Prasad initially resisted the Hindu Code Bill in 1951, claiming the authority to withhold assent despite the advice of the Council of Ministers.
The court cited the opinion of India’s first Attorney General, M.C. Setalvad, who argued that the President’s role was analogous to that of the British monarch – a constitutional figurehead bound by ministerial advice. While the judgment notes that Dr. Prasad ultimately “accepted” this opinion, Setalvad’s autobiography reveals that the President remained unconvinced.
Setalvad’s memoir details Dr. Prasad’s 1960 speech, where he publicly questioned the constitutional basis for the President’s obligation to follow ministerial advice, arguing that India’s unique context differed from Britain’s. This speech, according to Setalvad, caused significant controversy. The Supreme Court’s judgment, however, ultimately upheld the principle that the President must act in accordance with the advice of the Council of Ministers. The case highlights a critical early debate shaping the understanding of presidential power in India’s nascent democracy.
First Piper 