Laxmikanth Test: The President- 1 - UPSC

All the statements are correct.

• Here again, Article 74(1) comes in the picture. Because of the controversy about the president's powers' scope, a specific mention was made in the Constitution by an amendment that the Council of Ministers' advice will be binding on the President. By another amendment made later, it was decided that the President can ask the Council of Ministers to reconsider its advice but has to accept the reconsidered advice of the Council of Ministers (the Prime Minister representing them in this case).

• The President can remove him at any time without citing reasons for the same. He is an agent of the Centre and does not enjoy any security of tenure.

• The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a Supreme Court judge.

In other words, he can be removed by the president based on a resolution passed to that effect by both the Houses of Parliament with the special majority, either on the ground of proved misbehaviour or incapacity.

Thus, he does not hold his office until the president's pleasure, though he appoints him.

In doing so, the President exercises his situational discretion.

Roles of the President concerning the sessions of the Parliament:
The President of India has several significant roles and powers when it comes to the functioning of the Parliament of India. Here are the roles corresponding to the options mentioned:

• Summoning: The President has the power to summon each House of Parliament to meet. This means that the President can call for a new session of the Parliament. This is done at such time and place as he thinks fit. Normally, there are three sessions of Parliament in a year: the Budget session, the Monsoon session, and the Winter session.
• Proroguing: The President can prorogue the Houses of Parliament. This means that the President can end a session of the Parliament. However, it must be noted that prorogation does not affect the bills, resolutions, motions, etc., pending before the House, which can be resumed in the next session from the stage at which they were left before prorogation.
• Dissolving Lok Sabha: The President has the power to dissolve the Lok Sabha. This means that the President can end the tenure of the Lok Sabha before its term of five years. However, the President can dissolve Lok Sabha only on the advice of the Prime Minister. Once the Lok Sabha is dissolved, all business including bills, motions, resolutions, etc., pending before it or its committees lapse.

So, all the above-mentioned roles - summoning, proroguing, and dissolving the Lok Sabha are performed by the President concerning the sessions of the Parliament. Hence, the correct answer is D: All of the above.

• The council of Ministers can be dismissed only when it has lost the confidence of the house.

• Lok Sabha can be dissolved only when no government can be formed.

• And, there are only three grounds to issue an ordinance:

1. The parliament should not be in session, whether one or both the houses.

2. The subject must be very urgent that any delay in passing such a bill may be against the public interest, like in the recent case of Criminal law (amendment) ordinance, 2013.

3. The council of ministers must advise the President to do so.

The President in the Union and the Governor in the State can have pardoning powers under Article 72 and 161 of the Constitution respectively. The President can Pardon the death sentence and is the only authority to do so the Governor cannot pardon a death sentence but can suspend, remit or commute a death sentence.

It generally takes 2 days to complete these preliminaries. No other business is transacted till the President has addressed both Houses of Parliament assembled and informed Parliament of the Government's agenda.

It should be noted here that the American Senate has no nominated members.

Constitution Amendment Bills do not require prior sanction of the President, while other bills mentioned above need President’s recommendations.

withhold his assent to any bill reserved for his consideration.

In the matter of State legislation, the President of India has the power to withhold his assent to any bill reserved for his consideration. This means that if a bill is passed by the State Legislature and is reserved for the President's approval, the President has the authority to either give or withhold his assent, effectively approving or disapproving the bill. This power is derived from Article 200 and Article 201 of the Indian Constitution.

The other options are incorrect:

1. Suspensive veto power is not applicable in the context of State legislation. It is a power exercised by the President in the context of Central legislation, where he can send a bill back to the Parliament for reconsideration. However, if the Parliament passes the bill again, the President is bound to give his assent.

2. The President does not have any special powers in the case of money bills in the context of State legislation. The President's power to withhold assent applies to any bill reserved for his consideration, not just non-money bills.

4. The President does not have the power to directly disallow any bill on the grounds of it being anti-national. If the President believes a bill is unconstitutional or not in the national interest, he can withhold his assent or refer it to the Supreme Court for an advisory opinion. The final decision will be based on the Supreme Court's judgment.

• He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session.

• An ordinance can also be issued when only one House is in session because a law can be passed by both the Houses and not by one House alone.

• An ordinance made when both the Houses are in session is void. Thus, the power of the President to legislate by ordinance is not a parallel power of legislation.

• This is because a constitutional amendment requires a special majority in both Parliament houses, unlike ordinary legislation that can be approved by a simple majority.

• They can also be made on subjects in the concurrent list, and those subjects in state list for which Parliament is making laws under special circumstances.

• Such recommendation is not required in all cases, but for example, an ordinance is likely to endanger the position of state high court or against DPSPs.

• Under the existing rules of procedure governing mercy petitions, the Union Ministry of Home Affairs (MHA) view, conveyed to the President in writing, is taken as the Cabinet's view. The President decides a mercy petition accordingly.

• Once the Supreme Court has finally awarded a convict the death sentence, anybody, including a foreign national, can send a mercy petition concerning that person to the President's Office or the MHA. A mercy plea can also be sent to the state's Governor concerned who then forwards it to the MHA for further action.

• The pardoning power of the President is not absolute. It is governed by the advice of the Council of Ministers. Same applies for the Governor as well.

•  

  There are only three major differences:

  1. The President has the right to pardon punishments of sentences given under Court Martial, whereas the governor does not have this power.

  2. President can grant pardon to a person awarded death sentence. But the Governor of State does not enjoy this power.

  3. Governor's pardoning power only extends to those areas where the concerned state's executive power extends. He cannot pardon in case of offences committed under Central laws.

• It is a well-established principle that a person can be sentenced or punished only when the coun has convicted him. A person is deemed to be innocent unless it is proved in the eyes of the law.

• Thus, if a person has not been given a chance of a fair trial or a proper investigation has not been carried out against that person, then there is no reason why that person should be given a pardon because he is still innocent.

• Therefore, it is important to note that the pardoning power can only be exercised only in the case of a convicted person.

(a) to prevent hasty and ill-considered legislation by the Parliament, and

(b) prevent legislation that may be unconstitutional.

The veto power enjoyed by the executive in modem states can be classified into the following four types.

1. Absolute veto withholds of the 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 can be overridden by the legislature with an ordinary majority.

4. Pocket veto takes no action on the bill passed by the legislature.

Of the above four, India's President is vested with a three-absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President; the American President possesses it.

Important Points 
Article 53: Executive Power of the Union

1. The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
2. Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union Shall be vested in the President and the exercise thereof shall be regulated by law.
3. Nothing in this article shall –

• be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
• prevent Parliament from conferring by law functions on authorities other than the President.

Thus, we can conclude that under Article 53 of the Constitution of India, the executive power of the union is vested in the President.

Additional Information

• Article 54: Election of President
• Article 55: Manner of Election of President
• Article 56: Term of Office of President

Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament. This is because a bill passed by both the Houses of Parliament cannot become law without the President's assent.

Explanation- The President can neither ratify nor reject nor return a bill, but simply keep it pending for an indefinite period.

• The President's power 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. He has to decide concerning a bill presented to him for his assent.

• On the other hand, in the USA, the President has to return the bill for reconsideration within ten days. Hence, it is remarked that the pocket of the Indian President is bigger than that of the American President.

• In 1986, President Giani Zail Singh exercised the pocket veto concerning the Indian Post Office (Amendment) Bill.

• In 1986, President Giani Zail Singh exercised the pocket veto concerning the Indian Post Office (Amendment) Bill. The bill, passed by the Rajiv Gandhi Government, imposed restrictions on press freedom and, hence, was widely criticised.

• After three years, in 1989, the next President R Venkataraman sent the bill back for reconsideration, but the new National Front Government decided to drop the bill.

• 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 (not an ordinary bill).

For example, the bills imposing restrictions on the freedom of trade and commerce can be introduced only after Presidential assent.

All options are correct.

• If an individual ministry has taken the decision, which has not been considered by the cabinet, the president can send the reconsideration file.

• The 42nd Constitutional Amendment Act of 1976 (enacted by the Indira Gandhi Government) made the President bound by the council's advice of ministers headed by the prime minister.

• The 44th Constitutional Amendment Act of 1978 (enacted by the Janata Party Government headed by Shri Morarji Desai) authorised the President to require ministers' council to reconsider such advice either generally or otherwise.

• However, he 'shall' act following the advice tendered after such reconsideration. In other words, the President may return a matter once for reconsideration of his ministers, but the reconsidered advice shall be binding.

• The president can also ask for the files and ask details about the decisions that are to be taken in the council of ministers. However, he cannot suspend it if it enjoys confidence in the Lok Sabha.

• He can seek any information relating to the administration of affairs of the Union, and proposals for legislation from the prime minister.

• He can require the Prime Minister to submit, for consideration of the council of ministers, whether a minister has taken a decision but, which has not been considered by the council.

• He can appoint a commission to investigate the conditions of SCs, STs and other backward classes

The Supreme Court examined the President's pardoning power under different cases and laid down the following principles.

1. The petitioner for mercy has no right to an oral hearing by the President.

2. The President can examine the evidence afresh and take a view different from the court's view.

3. The power is to be exercised by the President on the advice of the union cabinet.

4. The President is not bound to give reasons for his order.

5. The President can afford relief from a sentence that he regards as unduly harsh and from an evident mistake.

6. There is no need for the Supreme Court to lay down specific guidelines for the President's power exercise.

7. The President's exercise of power is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.

8. Where the President has rejected the earlier petition for mercy, the stay cannot be obtained by filing another petition.