President has pardoning power which not only removes punishment but also place person in position that he has never committed that offence. However, they are subject to approval of parliament. A person who is not already in Govt. It may continue for indefinite period till normalcy is restored but it must be extended every six months through Parliamentary resolutions. The same issue was discussed in S. All executive actions of the union must be expressed to be taken in the name of the President and as such he shall have a right to be informed of the affairs of the union.
After this amendment, it has been made clear that once passed by parliament, president has to give his assent. 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. Therefore, there is no interference with the functions of the judiciary. The President may dissolve the Lok Sabha. There is no provision in the Constitution to a direct disallowance of state legislation by the President, but the bills reserved by the State Governor for assent of the President can be disallowed. Conclusion As seen that Presidential pardon is one of the powers that been given to the executive by the Constitution.
He can summon and prorogue either House of Parliament or dissolve the Lok Sabha, and order fresh elections. It is very important to note the way the Courts interpret various Articles and what was the intention behind framing such an Article. Military Powers The constitution vests the Supreme Command of the Defence Force in the President of India. So, Pocket Veto is applicable to only ordinary bills. If the Prime Minister or cabinet are not there, the President must create the alternate government of a new Prime Minister. Article shared by The Parliamentary form of government depends on principles and practices wherein the President is the formal executive and council of minister headed by the Prime Minister is the real executive.
This 'pardoning power' has been given to almost all Heads of State. The powers discussed above are discharged by the President during normal period. He can exercise this power where the punishment is related to the offence against such laws as are within the executive power of the Union. All Money Bills may be reserved for the consideration of the President. However, the Basic Structure of the Constitution still remains under the Judicial Review, in case of such amendment violates the basic structure. Hence, there is an establishment of a single integrated judicial system for the whole of India. This 'pardoning power' has been given to almost all Heads of State.
He is empowered to make regulations for the Union Territories. President has power of Reprive which is temporary suspension of punishment fixed by law. The Legislative powers of the president are The president summons both the Houses of the Parliament and prorogues them. It is a well established principle that a person can be sentenced or punished only when he has been convicted by the court. By exercising his power to pardon, the President of India can set free any offender who has been tried and convicted.
The first session of Parliament after each general election for the Lok Sabha and the first session of each year begin with an address of the President. . He enjoys special powers in respect of the administration of Scheduled Area and Tribal Area in Assam. This privilege is covered under Article 361 of the Constitution which does not restrict the instrumentality of Article 61. The state cabinet may be dissolved and the laws and budget of the state will be passed by the Union Parliament.
He can remove a Judge if he receives an address to that effect from both Houses of the Parliament. But, there cannot be a gap of more than 6 months between two meetings of parliament. Article 72 confers this power on the President and Article 161 does the same on the Governor. To commute means substituting lighter punishment for harder one. The jurisdiction of each High Court varies from each other.
He has the power of appointing Indian diplomats to other countries and of receiving foreign diplomats as recognized by Parliament. The only authority of pardoning a sentence of death is the President. He also nominates 12 members of Rajya Sabha if they excel in Art, Literature, Science, Social Science, Culture etc. Implying that if laws could always be enacted and administered so they would be just in every circumstance to which they are applied, there would be no need for the pardoning power. He can refer any question of public importance for the opinion of the Supreme Court. These matters are a Bill for the formation of new states or alteration of boundaries etc. Respite means that a lesser sentence is awarded instead of the punishment prescribed.