Wednesday, 26 January 2022

The assent of the President- by Vedant Karia at LexCliq

 The assent of the President- by Vedant Karia at LexCliq

India has a Parliamentary system based on the British system, with two Houses of Parliament and a President. In India, the President is the nominal or titular Head of State, just as the Queen or King of England is. As Head of State, he wields broad powers, and the Indian Constitution contains many provisions pertaining to the President of India.

Article 52 of the Indian Constitution mandates a President. Thus, the Constitution specifies the President's role. The President has executive powers under Article 53 of the Constitution and thus has a significant role in Indian governance.

Article 61 allows for President impeachment. It means that if the President violates the Constitution, he can be removed from office before his term ends.

A charge can be brought up in either House of Parliament and must be signed by at least 1/4th of the total members of the house. In case the proposal is approved by 2/3 of the House, the other House launches an investigation into the infringement. If the house approves the proposal with a 2/3 majority, the President will be impeached and forced to resign.

As the Head of the Executive, the President is conferred with a wide variety of powers which are provided to him by the Constitution. The powers of the President can be classified into several categories.

  1. Executive Powers

  • Head of the Armed Forces

  • Power to make appointments

  • Powers related to council of ministers

  1. Legislative Powers

  • Assent of the President

  • Power to summon and prorogue the Houses

  • Power to promulgate ordinance

  • Nominating members to the Parliament

  1. Judicial Powers

  • The President of India is also provided with some judicial powers which can be exercised by him by the authority given to him under Article 72 of the Constitution. Under article 72 the President has the power to give reprieves, pardons, respites, remission and commutation of sentence.

  • Power to declare an emergency

Assent of the President

To become law, a bill must gain the President's assent. Thus, only when the President signs a bill that has been enacted by both houses of Parliament can it become law. This means that the President is a constituent of the Indian Parliament.

Additionally, the President has the authority to veto any bill that is offered to him. The veto means that the President has the authority to return a measure to Parliament for reconsideration if the President believes that some changes should be made to the bill. However, if Parliament reintroduces the law without amendments, the President is required to give his assent.

In some instances, the Governor may reserve bills brought to him by the State Legislature for review by the president if the item is not a money bill. The President may accept it, direct the Governor to resubmit it for review, or direct him not to resubmit it. If the State legislature brings the bill back to the Governor for consideration, the Governor is not obligated to approve it.

In the event of a Money Measure, the President's prior advice is required; as a result, the President may either give or withhold his consent, but he cannot return the bill to the house for reconsideration.

However, the President of India is only a ceremonial head. Even if the President returns a bill to the Houses of Parliament for revisions, the Parliament might resubmit it without any changes, and the President is required to give his consent.

Also, the President is not actively involved in state issues, and the true Executive power rests with the Prime Minister's Council of Ministers. So the Prime Minister is the true state head and the President is merely symbolic.

Vedant Karia

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