google.com, pub-1675275063806243, DIRECT, f08c47fec0942fa0 INDIAN POLITY AND INDIAN HISTORY : Legislative power:

Friday, 20 February 2015

Legislative power:

President has the power to summon or prorogue the Houses of Parliament and to dissolve the Lok Sabha. {Ref: Art 85}
He also has the power to summon a joint sitting of both Houses of Parliament in case of a deadlock between them {Ref: Art 108}

The President addresses both Houses of Parliament assembled together, at the first session after each general election to the Lok Sabha and at the commencement of the first session of each year.
The president has the right to address either Houses or their joint sitting, at any time and to require the attendance of members for this purpose [Art. 86(1)]

In the Rajya Sabha 12 members are nominated by the President from persons having special knowledge or practical experience of literature, science, art and social service {Ref: Art 80(1)the president is empowered to nominate not more than two Anglo Indian members to the Lok Sabha , if that community is not adequately represented in that House {Ref: Art 331}

Previous sanction or recommendation of the President is required for introducing legislation on following matters:

·         A Bill for the formation of new states or the alteration of boundaries, of existing states {ref: Art.3}. A Bill providing for any of the matters specified in art 31A (1)
·         A money Bill {Ref: Art 117(1)
·         A Bill involving expenditure from the Consolidated Fund Of India {ref: Art 117(3)
·         A Bill affecting taxation in which States are interested
·         State Bills imposing restrictions upon the freedom of trade {Ref: Art. 304}
A Bill becomes an act of the Indian Parliament only after it receives the assent of the President.

When a Bill is presented to the President for assent:
·         He may declare his assent to the Bill; or
·         He may withhold his assent to the Bill; or
·         He may, in the case of Bills other than Money Bills return the Bill for reconsideration of the Houses, with o or without a message suggesting amendments. If the Bill is passed again by both Houses of Parliament with or without amendment and again presented to the President it would be obligatory upon him to declare his assent to it {Ref: Art 111}.

The veto power of the Indian President is a combination of the absolute, suspensive and pocket vetos.
President of India has  the power of disallowance or return  for reconsideration of a Bill of the state legislature, which are reserved for reconsideration of a Bill of the state legislature, which are reserved for his consideration by the Governor of the State {Ref: Art. 201}. A Money Bill so reserved, cannot be returned by the President.

It is not obligatory upon the President to give his assent even to the Bills reconsidered by the state legislature {ref: art 201}.
The President can legislate by Ordinances at a time when it is not possible to have a Parliamentary enactment on the subject, immediately {Ref: Art. 123}

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