For instance, bill for formation of a new State or altering the boundaries of the existing State or States is to be placed before Parliament with prior approval of the President. He exercises his power either directly or through officers under him. Its duration, in the first instance will be two months. He does enjoy some discretionary powers in the matter only under exceptional circumstances. It is obligatory for the President to act in accordance with ministerial advice once it has been reconsidered.
He conceded that unlike the British monarch he will not be a golden zero or a mere rubber stamp. In other words, the role of the Vice President is to assist the President in being the nominal head of the Republic of India. Narayanan are being quoted to push the arguments on either side. It may be remarked that though the President acts on the advice of the Prime Minister in regard to the exercise of executive powers yet he can exercise a great influence over the Union administrations. The declaration of National Emergency brings about a lot of change in the constitutional set up the country. President can declare national emergency only on a written request by the Cabinet Ministers headed by the Prime Minister and the proclamation must be approved by the Parliament within one month.
Give full information to the President regarding any emergency situation or any sudden development in the foreign policy. In case of return, if the Bill is passed again by both houses of Parliament, it would be obligatory upon him to declare his assent to it. Powers of the President The President of India is the head of a parliamentary state, entrusted with all the executive authorities including the supreme command of the forces. Emergency can be declared due to external aggression or armed rebellion or internal disturbance. On the other hand, Article 359 does not au¬tomatically suspend any any Fundamental Right. Before that, the emer¬gency, once approved by the Parliament, could remain in operation as long as the Executive cabinet desired.
These are Money Bill, financial Bill of first class, Bill for the recognition of new State, or alteration of State boundaries or a State Bill for imposing restriction on freedom of trade and commerce. The constitutional head of the country is also the most empowered authority in a country. A total of 14 days advance notice must be given prior to the initiation of the removal proceedings of the Vice President. The powers of the State Legislature in that case is exercised by the Parliament. Powers over Legislation: The legislative powers of the Indian President are varied and comprehensive. The Finance Commission submits its report containing its recommendations and actions taken for his placement in the legislature.
The consent of the Governor is imperative because the President must have trust in his own nominee. He must act according to the advice given to him by the Council of Ministers, headed by the Prime Ministers, so that refusal to act according to such advice will render him liable to impeachment for violation of the Constitution. The Council of ministers is under a obligation of retaining the support of the Lok Sabha. He can refer any question of public importance for the opinion of the Supreme Court. While the Constitution makes the President a Constitutional head, he still retains a number of discretionary powers. This is the second most important function of the V. For instance, bill for formation of a new State or altering the boundaries of the existing State or States is to be placed before Parliament with prior approval of the President.
Judicial Powers The President has the power to grant pardons and reprives, and suspend, remit or commute sentences of persons convicted by court-martial and in all cases in which sentences of death have been passed. Although the president is bound to work as per the advice given after the reconsideration. However every such ordinance must be laid before both the Houses of Parliament and shall cease to operate, on the expiry of six weeks from the date of is reassembly, unless approved by the Parliament. If the Prime Minister disrespects the popular verdict his government can be voted out by a vote of non confidence. Moreover, the Presidential order cannot suspend the fundamental rights of an arrested person to move a court and ensure that an individual is not deprived of his immunity from ex-post facto penal law. It means that though the President may have the power to take action as to declaration of war or peace or the employment of the defense forces. The 42nd Amendment Act, 1976 has amended Article 74 1 as under: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
For example, the President solved the twelfth Lok Sabha in early 1999 when the confidence motion in favour your of the Vajpayee government was lost in the Lok Sabha. After 44th Amendment, except in certain marginal cases referred to by the Supreme Court the President shall have no power to act in his discretion any case. In making appointments, the President is required to consult persons other than his ministers as well. All this implies that ministerial advice does not mean an instant acceptance. The President has been given the power to nominate twelve members to the Council of States, persons who possess special knowledge or practical experience of literature, science, art and social service.
He does enjoy some discretionary powers in the matter only under exceptional circumstances. Any such law or executive action can¬not be challenged on the ground that they are inconsistent with the six Fundamental Rights guaranteed by Article 19. During this time, the Parliament is empowered to frame laws on the subjects of the State List. It is worthy of note that the Presidents Judicial power does not include the power to grant amnesty. This gov¬ernment appointed the Shah Commission to investigate the circumstances that warranted the declaration of an Emergency in 1975. The veto of the American President is of this class. However, if the proclamation of Presidents Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean time.
In this latter case, the legislature must reconsider the Bill within six months but it shall not be obligatory upon the President to give his assent. This kind of emergency arises when the constitutional machinery in any state becomes in-operative Art 356 provides that if the President of India on receipt of report from the Governor of a state or otherwise is satisfied that a situation has arisen in which the government of a state cannot be carried or in accordance with the provisions of the constitution he may declare state emergency. However, a civil suit can be filed against him, for an action that he or she has performed in his or her personal capacity before or after joining service. There is no time limit as to for how long can the President keep with him a Bill passed by both Houses and sent for his assent. . He is empowered to give instructions to a Governor to promulgate an ordinance if a Bill containing the same provisions requires the previous sanction of the President.