दुखद् कहानी जो हेरे पछि सबैको आखा रासाउछ....

 

Legislative power is constitutionally vested by the Parliament of India of which the president is the head, to facilitate the law making process per the constitution (Article 78, Article 86, etc.). The President of the Republic summons both the Houses (The House of the People and 'The Council of States') of the Parliament and prorogues them. He can dissolve the Lok SabhaThe President inaugurates Parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The Presidential address on these occasions is generally meant to outline the new policies of the government.[15]:1All bills passed by the Parliament can become laws only after receiving the assent of the President per Article 111. After a bill is presented to him, the President shall declare either that he assents to the Bill, or that he withholds his assent from it. As a third option, he can return a bill to Parliament, if it is not a money bill, for reconsideration. President may be of view that a particular bill passed under the legislative powers of parliament is violating the constitution, he can send back the bill with his recommendation to pass the bill under the constituent powers of parliament following the Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the President, with or without amendments, the President cannot withhold his assent from it. The President can also withhold his assent to a bill when it is initially presented to him (rather than return it to Parliament) thereby exercising a pocket veto on the advice of prime minister or council of ministers per Article 74 if it is inconsistent to the constitution.[14] Article 143 gave power to the president to consult the Supreme Court about the constitutional validity of any issue. President shall assent the constitutional amendment bills without power to withhold the bills per Article 368 (2When either of the two Houses of the Parliament of India is not in session, and if the government feels the need for an immediate procedure, the President can promulgate ordinances which have the same force and effect as an act passed by Parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from the date the Parliament is convened unless approved by it earlier.[16] Under Article 123, President as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and he is confident that the government commands majority support in the Parliament needed for the passing of the ordinance into an act and Parliament can be summoned to deliberate on the passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of Parliament when in force and it is the responsibility of the President to withdraw the ordinance as soon as the reasons for promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and President, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action is inevitable when the extant provisions of law are inadequate. Re-promulgation of ordinances after failing to get approval within stipulated time of the both houses of parliament is unconstitutional act by the President.[17] President should not incorporate any matter in an ordinance which is violating the constitution or needs amendment to the constitution. The President should take moral responsibility when an ordinance elapses automatically or is not approved by the Parliament or violating the constitution.

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