CONSTITUTION OF INDIA - PRESIDENT OF INDIA - PART 2
The Financial Powers:
• A Money Bill can be introduced in the Parliament only with the President’s Recommendation.
• The President lays the Annual Financial Statement, i.e. the Union budget, before the Parliament.
• The President can take advances out of the Contingency Fund of India to meet unforeseen expenses.
• The President Constitutes a Finance Commission after Every Five years to recommend the distribution of the taxes between the centre and the States. Now it is NITI AYOG.
The Judicial Powers:
• The President appoints the Chief Justice of the Union Judiciary and other Judges on the advice of the Chief Justice.
• He dismisses the Judges if and only if the Two Houses of the Parliament pass resolutions to that effect by a Two-Thirds Majority of the Members Present.
• According to Article 143 of Indian Constitution, if the President considers a question of law or a matter of public importance has arisen, he can ask for the advisory opinion of the Supreme Court.
The Diplomatic Powers:
• All International Treaties and Agreements are negotiated and concluded on behalf of the President.
The Military Powers:
• The President is the Supreme Commander of the Indian Armed Forces. He also appoints the chiefs of the service branches of the armed forces.
• The President can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the Prime Minister.
The Pardoning Powers:
• Article 72 of the Indian Constitution, the President is empowered with the powers to Grant Pardons in the following situations:
• Punishment is for an offence against Union Law
• Punishment is by a Military Court
• Sentence is that of Death
• The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Lok Sabha majority.
The Emergency Powers:
• The President can declare Three Types of Emergencies:
• National, State and Financial, under Articles 352, 356 & 360 in addition to promulgating ordinances under Article 123
The Financial Emergency:
• Article 282 accords Financial Autonomy in spending the Financial Resources available with the states for public purpose.
Veto Power of the President:
When a bill is presented to the President for his assent, he has three alternatives (under Article 111 of the Constitution):
1. He may give his assent to the bill, or
2. He may withhold his assent to the bill, or
• He may return the bill (if it is not a Money bill) for reconsideration of the Parliament.
• However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, the President must give his assent to the bill.
The veto power enjoyed by the executive in modern states can be classified into the following four types:
1. Absolute veto that is, withholding of assent to the bill passed by the legislature.
2. Qualified veto, which can be overridden by the legislature with a higher majority.
3. Suspensive veto, which can be over ridden by the legislature with an ordinary majority.
4. Pocket veto, that is, taking no action on the bill passed by the legislature.
• Of the above four, the President of India is vested with three—absolute veto, suspensive veto and pocket veto.
• There is no qualified veto in the case of Indian President
Absolute Veto:
• refers to the power of the President to withhold his assent to a bill passed by the Parliament.
• The bill then ends and does not become an act.
• Usually, this veto is exercised in the following two cases:
(a) With respect to private members‘ bills (i.e., bills introduced by any member of Parliament who is not a minister); and
(b) With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.
Suspensive Veto:
• The President exercises this veto when he returns a bill for reconsideration of the Parliament.
• However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill.
• This means that the presidential veto is overridden by a re-passage of the bill by the same ordinary majority (and not a higher majority as required in USA).
• the President does not possess this veto in the case of money bills.
• The President can either give his assent to a money bill or withhold his assent to a money bill but cannot return it for the reconsideration of the Parliament.
• Normally, the President gives his assent to money bill as it is introduced in the Parliament with his previous permission.
Pocket Veto:
• In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period.
• This power of the President not to take any action (either positive or negative) on the bill is known as the pocket veto.
• The President can exercise this veto power as the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent.
• In USA, on the other hand, the President has to return the bill for reconsideration within 10 days. Hence, it is remarked that the pocket of the Indian President is bigger than that of the American President.
• It should be noted here that the President has no veto power in respect of a constitutional amendment bill.
• The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.
Presidential Veto over State Legislation:
• The President has veto power with respect to state legislation also.
• A bill passed by a state legislature can become an act only if it receives the assent of the governor or the President (in case the bill is reserved for the consideration of the President).
• When a bill, passed by a state legislature, is presented to the governor for his assent, he has four alternatives (under Article 200 of the Constitution):
1. He may give his assent to the bill, or
2. He may withhold his assent to the bill, or
3. He may return the bill (if it is not a money bill) for reconsideration of the state legislature, or
4. He may reserve the bill for the consideration of the President
• A Money Bill can be introduced in the Parliament only with the President’s Recommendation.
• The President lays the Annual Financial Statement, i.e. the Union budget, before the Parliament.
• The President can take advances out of the Contingency Fund of India to meet unforeseen expenses.
• The President Constitutes a Finance Commission after Every Five years to recommend the distribution of the taxes between the centre and the States. Now it is NITI AYOG.
The Judicial Powers:
• The President appoints the Chief Justice of the Union Judiciary and other Judges on the advice of the Chief Justice.
• He dismisses the Judges if and only if the Two Houses of the Parliament pass resolutions to that effect by a Two-Thirds Majority of the Members Present.
• According to Article 143 of Indian Constitution, if the President considers a question of law or a matter of public importance has arisen, he can ask for the advisory opinion of the Supreme Court.
The Diplomatic Powers:
• All International Treaties and Agreements are negotiated and concluded on behalf of the President.
The Military Powers:
• The President is the Supreme Commander of the Indian Armed Forces. He also appoints the chiefs of the service branches of the armed forces.
• The President can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the Prime Minister.
The Pardoning Powers:
• Article 72 of the Indian Constitution, the President is empowered with the powers to Grant Pardons in the following situations:
• Punishment is for an offence against Union Law
• Punishment is by a Military Court
• Sentence is that of Death
• The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Lok Sabha majority.
The Emergency Powers:
• The President can declare Three Types of Emergencies:
• National, State and Financial, under Articles 352, 356 & 360 in addition to promulgating ordinances under Article 123
The Financial Emergency:
• Article 282 accords Financial Autonomy in spending the Financial Resources available with the states for public purpose.
Veto Power of the President:
When a bill is presented to the President for his assent, he has three alternatives (under Article 111 of the Constitution):
1. He may give his assent to the bill, or
2. He may withhold his assent to the bill, or
• He may return the bill (if it is not a Money bill) for reconsideration of the Parliament.
• However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, the President must give his assent to the bill.
The veto power enjoyed by the executive in modern states can be classified into the following four types:
1. Absolute veto that is, withholding of assent to the bill passed by the legislature.
2. Qualified veto, which can be overridden by the legislature with a higher majority.
3. Suspensive veto, which can be over ridden by the legislature with an ordinary majority.
4. Pocket veto, that is, taking no action on the bill passed by the legislature.
• Of the above four, the President of India is vested with three—absolute veto, suspensive veto and pocket veto.
• There is no qualified veto in the case of Indian President
Absolute Veto:
• refers to the power of the President to withhold his assent to a bill passed by the Parliament.
• The bill then ends and does not become an act.
• Usually, this veto is exercised in the following two cases:
(a) With respect to private members‘ bills (i.e., bills introduced by any member of Parliament who is not a minister); and
(b) With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.
Suspensive Veto:
• The President exercises this veto when he returns a bill for reconsideration of the Parliament.
• However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill.
• This means that the presidential veto is overridden by a re-passage of the bill by the same ordinary majority (and not a higher majority as required in USA).
• the President does not possess this veto in the case of money bills.
• The President can either give his assent to a money bill or withhold his assent to a money bill but cannot return it for the reconsideration of the Parliament.
• Normally, the President gives his assent to money bill as it is introduced in the Parliament with his previous permission.
Pocket Veto:
• In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period.
• This power of the President not to take any action (either positive or negative) on the bill is known as the pocket veto.
• The President can exercise this veto power as the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent.
• In USA, on the other hand, the President has to return the bill for reconsideration within 10 days. Hence, it is remarked that the pocket of the Indian President is bigger than that of the American President.
• It should be noted here that the President has no veto power in respect of a constitutional amendment bill.
• The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.
Presidential Veto over State Legislation:
• The President has veto power with respect to state legislation also.
• A bill passed by a state legislature can become an act only if it receives the assent of the governor or the President (in case the bill is reserved for the consideration of the President).
• When a bill, passed by a state legislature, is presented to the governor for his assent, he has four alternatives (under Article 200 of the Constitution):
1. He may give his assent to the bill, or
2. He may withhold his assent to the bill, or
3. He may return the bill (if it is not a money bill) for reconsideration of the state legislature, or
4. He may reserve the bill for the consideration of the President
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