Q.Many a presidential powers such as National Emergency and Ordinance promulgating powers have been made more accountable in the name of passing a written resolution by the Cabinet to the president. Do these provisions ensure checks and balances for what they were introduced?

OK let's first hear from all of you...Has the 44th amendment (by which a written order of the cabinet mandatory for proclaiming emergency) led to decentralization of power?

44th amendment as an whole- sure, yes

No .. I'm speaking about this provision alone.. Not the 44th amendment in its entirety.. Don't take a narrow view of decentralization. Someone tell me what decentralization is. Is it just devolution of power from Centre to state???

Decentralisation also means devolution of executive powers among the President, the PM, and the cabinet as well.

Ya ! You're spot on..

According to my limited knowledge, no written recommendation of cabinet was required earlier.. Since prime minister was the chief point of contact of the government with the president, his/ her word was taken to be that of the cabinet.. So when Ms. Gandhi asked Mr. Fakhruddin Ali Ahmed, the then president to proclaim emergency, many of her colleagues in the cabinet were caught unawares... Now, with this amendment, written declaration of the cabinet has become mandatory. So, this amendment was not just a procedural one but a substantive one. It has reinforced that the prime minister is just the first among equals and prevented our polity from degrading into a prime ministerial dictatorship

then why does the executive dissolve when PM leaves the office?

Though most of the time, PM would manage to get his word through in the cabinet, the mere convening of the cabinet meeting initiates a debate and dissenting note by the members of the cabinet would be of great significance. Moreover, in this era of coalition governments, prime minister is prevented from taking the emergency power in his hand, thanks to the 44th amendment.

isnn't the PM's decision, cabinet's decision ,sir ?

Not at all..

Apart from the written recommendation of the cabinet, what are the other provisions s of 44th amendment which prevent the misuse of emergency provisions??

At the outset sir, "Cabinet" ministers don't even find a constitutional mention. apart from the amendments. Hence I am struggling to find as to how 1) They gain so much importance as you suggest 2) Have gained an equal say as to justify "decentralization"

Since they find a mention in 44th amendment, they are vested with this power given by the same.

if some of the minister has different opinion from the PMs, then PM can ask them to resign.. what does this mean, sir ?

In the cabinet meeting, each vote counts, whether it is the prime minister or otherwise. So it is a deconcentration of powers w.r.to a draconian provision like emergency..

since similar resolution is needed for Ordinance too- are you suggesting that Ordinance is draconian too?

Ordinance has to be equated with a bill. A bill is usually put to the cabinet before getting tabled on the floor of the house. Here too, the same is followed, the difference being that the house is bypassed since it is not in session