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SPECIAL POWERS OF PRESIDENT
INDIA
For future reference:
President Saab : Dada Ji
*Offense lena strictly mana hai. Baaki sab allowed hai. Let'sssssss gooooooo
How's The Josh?
• Punishment or sentence for an offence against the Union
Government
• Punishment or sentence by Court Martial
• Death Sentence.
Art 72- Pardoning Powers
The President can pardon the following
Reprieve
Respite
Remission
Commutation
Pardon
Pardon
Completely free
• Disqualifications
"Pardon" is equivalent to "Ganga nahana".
• All sentences
• Punishments
Commutation
Higher form of
punishment
Lower form of
punishment
(Death sentence) (Life imprisonment)
Remission
Reducing the period of sentence without changing its degree
Rigorous imprisonment
for 10 years
Rigorous imprisonment
for 7 years
Respite
• Reduced time period of sentence due to some special fact, like,
disability of the convict or the pregnancy of a female convict
• Mostly focused on women & children
• Stay on execution of the sentence for a temporary period
(especially death sentences).
• Its main purpose is to allow the convict to have time to seek mercy
from the President.
• The duration & degree of the sentence remains the same, the execution
is just put on hold for a temporary period
Reprieve
• The pardoning powers of the President are exercised on the advice
of Union Cabinet.
Some Facts-
• The pardoning powers of President are independent of Judiciary
but are subject to Judicial review (only if deemed discriminatory)
• If one mercy petition of a convict has been rejected, he cannot
file another petition.
Art 111- Veto Powers
• A bill which is passed by the Parliament can become an act
only if it receives the assent of the President.
• The President has the veto power over the bills passed by the
Parliament, i.e., he can withhold his assent to the bills
• The two main objectives of
President's veto power are-
1. to prevent hasty and ill
considered legislation by the
Parliament, &
2. to prevent a legislation which
may be unconstitutional.
Bill Rajya Sabha
Lok Sabha
AbsoluteVeto SuspensiveVeto PocketVeto
Sent to President
Act
Absolute Veto
• The President withholds the assent i.e. says
"no"immediately.
• The bill ends and doesn't become an act
Suspensive Veto
• The President returns the bill for reconsideration
ofthe Parliament
• However, if the bill is passed again by the
Parliament,
with or without amendments, the President has to
give his assent his assent
• Suspensive veto is overridden by
the re-passage ofthe bill by ordinary
majority
• The President cannot exercise
suspensive veto in caseof Money Bill.
Pocket Veto
• The President neither gives assent
nor rejects norreturns the bill
• The President, simply keeps the bill pending for an
Indefinite period.
• The President can exercise
this veto power as the
constitution doesn't prescribe
any time-limit within which he
has to take the decision with
respect to a bill presentedto
him for his assent
Special Powers Of President.pptx

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Special Powers Of President.pptx

  • 1. SPECIAL POWERS OF PRESIDENT INDIA
  • 2. For future reference: President Saab : Dada Ji *Offense lena strictly mana hai. Baaki sab allowed hai. Let'sssssss gooooooo
  • 4.
  • 5. • Punishment or sentence for an offence against the Union Government • Punishment or sentence by Court Martial • Death Sentence. Art 72- Pardoning Powers The President can pardon the following Reprieve Respite Remission Commutation Pardon
  • 6. Pardon Completely free • Disqualifications "Pardon" is equivalent to "Ganga nahana". • All sentences • Punishments
  • 7. Commutation Higher form of punishment Lower form of punishment (Death sentence) (Life imprisonment)
  • 8. Remission Reducing the period of sentence without changing its degree Rigorous imprisonment for 10 years Rigorous imprisonment for 7 years
  • 9. Respite • Reduced time period of sentence due to some special fact, like, disability of the convict or the pregnancy of a female convict • Mostly focused on women & children
  • 10. • Stay on execution of the sentence for a temporary period (especially death sentences). • Its main purpose is to allow the convict to have time to seek mercy from the President. • The duration & degree of the sentence remains the same, the execution is just put on hold for a temporary period Reprieve
  • 11. • The pardoning powers of the President are exercised on the advice of Union Cabinet. Some Facts- • The pardoning powers of President are independent of Judiciary but are subject to Judicial review (only if deemed discriminatory) • If one mercy petition of a convict has been rejected, he cannot file another petition.
  • 12. Art 111- Veto Powers • A bill which is passed by the Parliament can become an act only if it receives the assent of the President. • The President has the veto power over the bills passed by the Parliament, i.e., he can withhold his assent to the bills • The two main objectives of President's veto power are- 1. to prevent hasty and ill considered legislation by the Parliament, & 2. to prevent a legislation which may be unconstitutional.
  • 13. Bill Rajya Sabha Lok Sabha AbsoluteVeto SuspensiveVeto PocketVeto Sent to President Act
  • 14. Absolute Veto • The President withholds the assent i.e. says "no"immediately. • The bill ends and doesn't become an act
  • 15. Suspensive Veto • The President returns the bill for reconsideration ofthe Parliament • However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent his assent • Suspensive veto is overridden by the re-passage ofthe bill by ordinary majority • The President cannot exercise suspensive veto in caseof Money Bill.
  • 16. Pocket Veto • The President neither gives assent nor rejects norreturns the bill • The President, simply keeps the bill pending for an Indefinite period. • The President can exercise this veto power as the constitution doesn't prescribe any time-limit within which he has to take the decision with respect to a bill presentedto him for his assent