While now in the modern day understanding and use of pardoning power is more often associated with notions of mercy and fairness, this analysis will demonstrate that it also remains squarely in the political arena. Union of India; the Court in this case held that: Before Article 20 2 could be invoked, it is essential that the earlier prosecution must have been under the Act which created that offence. Will the ministers defend the actions of the President in Parliament or criticize the same as having been taken against their advice. However it is not an absolute privilege, it is to be done under ministerial advice. Nor does the matter rest entirely on conventions. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parlia¬ment.
Narayanan never allowed the dignity of the high office to be compromised. The Constitution enjoins that certain acts cannot be done without the authority of law. Discretionary powers of the President: Not based on the advice of CoM The discretionary powers of the Indian president are not explicitly mentioned in the Indian constitution. If the President vetoes a Bill passed by the two Houses, he will be setting himself against the majority in Parliament. Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emer¬gency is declared on the ground of war or ex¬ternal aggression and not on the ground of armed rebellion.
It may continue for indefinite period till normalcy is restored but it must be extended every six months through Parliamentary resolutions. Looking to the very nature of the power to grant pardon or clemency, applications or petitions for mercy by foreigners will have to be considered on the same footing as those submitted by Indian citizens. On the part of the executive. After looking at these two cases it is evident that before the question of the exercise of the power of the President to grant pardons can arise the person to whom pardon is granted must have been awarded punishment or sentenced by a competent court of law or judicial tribunal. The Court talking about pardon said that: A pardon reaches both the punishment prescribed for the offence and the guilt of the offender; and when the pardon is full; it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence. Emergency can be declared due to external aggression or armed rebellion or internal disturbance. The basis of this responsibility is embodied in Article 75 iii.
For the third time the President declared it in June 1975 on account of internal political crisis and continued till March 1977. The President can revoke it any time National emergency may be declared in respect of the whole of India on only a parts of it. Whether any and if so what advice, was tendered shall not be enquired into any court. To be more precise, the word offence can be used only in the case when the act done falls within the scope of the word offence as it is defined in the Indian Penal Code. Like the English Crown, our President has the power to summon or prorogue the houses of Parliament and to dissolve the lower house. The relationship of the President with the Cabinet is based on the system of responsible government functioning in England, where the system of parliamentary government based on conventions has been working for long if could be expected that a similar system would also work reasonably well in India. Moreover, no fixed delay can be considered a fixed period.
As a matter of fact, though a theoretical power of veto is possessed by the Crown in England, it has never been used since the time of Queen Anne. He has the power of appointing Indian diplomats to other countries and of receiving foreign diplomats as recognized by Parliament. This provision has been incorporated as a safeguard against that. When joint sitting of parliament called? In its ultimate the Indian President accepts the position that like the British Crown. This implies that the punishment which is supposed to be pardoned has to be in respect of an offence and not for any simple breach of a condition. Cabinet of Ministers will be collectively responsible to the Parliament of India. He will thus become controversial and 'partisan' and be drawn into the vortex of political and public controversy and public criticism which will do irreparable damage to the dignity, prestige neutrality of the President's office.
Hence, a state gov¬ernment pursuing anti-secular politics is liable to action under Article 356. Military Powers The constitution vests the Supreme Command of the Defence Force in the President of India. This state should also be approved by the Union Parliament. He decides the foreign policy of the country. It is to be noted that during the first forty-six years of the working of our Constitution, the President has not sent any message to Parliament nor addressed it on any occasion other than after each general election and at the opening of the first session each year. The President can issue directives to governments. Pocket veto In case of an ordinary bill or a bill got introduced by a private member and passed by both houses, the president can just keep the bill in his pocket and forget it.
It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communicated officially to the Court. The subjects over which Parliament can make laws are the subjects over which the President can issue the ordinance. All those restrictions which are applied applicable to parliament while legislating are also applicable to President while issuing ordinance like state-union list drama etc. The executive power of the Union is vested in the President. President's ordinance-making power is meant for use only for a short duration and is subject to ultimate Parliamentary control. Governor has been given power to reserve a bill for consideration of president, provided such bill is not a money bill of that state. The real power is vested in the Council of Ministers on whose aid and advice the President acts in the exercise of his functions.
A Tribes Council may be established by the direction of the President in any state having Scheduled Areas and also in states having Scheduled Tribes therein but not Scheduled Areas. He could advise the ministers and influence their decisions but otherwise he was to act according to their advice. The President has a right to be informed of all of the nation's affairs, enjoys powers to appoint and remove high Constitutional authorities, including the prime minister and the council of ministers. Like other issues this one also has the other side of the argument where one can argue that self-pardon can be exercised. Article 74 provides that there shall be a Council of Ministers to aid and advise the President in the exercise of his functions.
The 44th Amendment, however, did loosen the grip to some extent as it gave the President of India the right to return a bill for reconsideration of the Cabinet and is bound to give his consent when returned. The amendments 38th, 42nd, 44th and the 59th have revised the situation. Thus, an ordinance cannot contravene the fundamental rights like an Act of Parliament. No human system of judicial administration can ever be foolproof. This, therefore should serve as a sanction to make the President observe the convention of action on the advice of the Council of Ministers. As a part of the constitutional scheme, Article 72 is subject to the discipline of Article 21.