Ashna Sisodia is teaching live on Unacademy Plus
Course: The Union ( Part V) Lesson: Powers of the President Presented by : Ashna Sisodia
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): abl, pase bte native under Article 200ofthe Co give his assent to the bill, or withhold his assent to the bill, or return the bill (if it is not a money bill) for reconsideration of the state legislature, or reserve the bill for the consideration of the President. 1. 2. 3. 4.
Presidential Veto over State Legislatiorn When a bill is reserved by the governor for the consideration of the President, the President has three alternatives (Under Article 201 of the Constitution): 1. give his assent to the bill, or 2. withhold his assent to the bill, or 3. direct the governor to return the bill (if it is not a money bill) for the reconsideration ifthe bils asedatuin by thestate legsature with or without amendments and prenrtod ng til.. the President for his assent, the President is not bound to give his of the state legislature. If the bill is passed again by the state legislature with or without amendments and presented again to the President for his assent, the President is not bound to give his assent to the bill This means that the state legislature cannot override the veto power of the President. Further, the Constitution has not prescribed any time limit within which the President has to take decision with regard to a bill reserved by the governor for his consideration. Hence, the President can exercise pocket veto in respect of state legislation also.
Presidential Veto over State Legislation State Legislation Central Legislation With Re gard to Ordiry Bills 1. Can be ratified 2. Can be rejected 3. Can be returned 1. Can be ratified 2. Can be rejected 3. Can be retumed With Regard to Money Bills 1. Can be ratified 2. Can be rejected (but cannot be returned) 1. Can be ratified 2. Can be rejected (but cannot be returned) With Regard to Constitutional Ame ndine nt Bills Can only be ratified (that is, cannot be rejected or retumed) Constitutional amendment bills cannot be introduced in the state legislature
ORDINANCE-MAKING POWER OF THE PRESIDENT Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws. The ordinance-making power is to deal with unforeseen or urgent matters. But, the exercises of this power is subject to the following four limitations: 1. 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 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) 2. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.
ORDINANCE-MAKING POWER OF THE PRESIDENT In Cooper case11, (1970), the Supreme Court held that the President's satisfaction can be questioned in a court on the ground of malafide This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately with a view to promulgate an ordinance on a controversial subject, so as to bypass the parliamentary decision and thereby circumventing the authority of the Parliament. The 38th Constitutional Amendment Act of 1975 made the President's satisfaction final and conclusive and beyond judicial review. But, this provision was deleted by the 44th Constitutional Amendment Act of 1978. Present status: the President's satisfaction is justiciable on the ground of malafide.
ORDINANCE-MAKING POWER OF THE PRESIDENT His ordinance-making power is coextensive as regards all matters except duration, with the law-making powers of the Parliament. This has two implications: 1. An ordinance can be issued only on those subjects on which the Parliament can make laws. 2. An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
ORDINANCE-MAKING POWER OF THE PRESIDENT Every ordinance issued by the President during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles. . If the ordinance is approved by both the Houses, it becomes an act. . If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament. . The ordinance may also cease to operate even earlier than the prescribed six weeks, if both the Houses of Parliament pass resolutions disapproving it.
ORDINANCE-MAKING POWER OF THE PRESIDENT If the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks is calculated from the later of those dates. This means that the maximum life of an ordinance can be six months and six weeks, in case of non-approval by the Parliament (six months being the maximum gap between the two sessions of Parliament) . If an ordinance is allowed to lapse without being placed before Parliament, then the acts done and completed under it, before it ceases to operate, remain fully valid and effective.
ORDINANCE-MAKING POWER OF THE PRESIDENT The President can also withdraw an ordinance at any time. However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister. An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date. It may modify or repeal any act of Parliament or another ordinance. OIt can alter or amend a tax law also. It cannot be issued to amend the Constitution.