Ted Honderich holds that there are six crucial wants, shared by every individual, wants that they really have, and which structure an authentic reason for human profound quality, or the capacity to recognize what is directly based on what’s up. The six wants are for a sensibly long life, for sensible physical solace, for opportunity and force, for good associations with others, for regard and confidence, and for the beneficial things getting from culture. I would prefer not to fight about the rundown, then again, actually I would remember security for the responsibility for (which may maybe be as of now included under the heading of Freedom and Power). The possibility of such a rundown of regular wants appears to me critical in the quest for the inceptions of ethical quality and gives trust in a proof that profound quality and its temperament can’t be comparative with an individual, due to its premise in a common mankind. Nonetheless, I would want to accumulate my rundown, which would not contrast much from Honderich’s rundown, regarding shared needs as opposed to shared wants. Furthermore, I accept that such a rundown could be similarly verifiable and objective.
Monthly Archives: July 2020
PSYCHOLOGY
Brain research is the logical investigation of the brain and conduct, as per the American Psychological Association. Brain research is a multifaceted control and incorporates many sub-fields of study such territories as human turn of events, sports, wellbeing, clinical, social conduct and intellectual procedures.
Structuralism and functionalism have since been supplanted by a few prevailing and compelling ways to deal with brain science, every one supported by a common series of expectations of what individuals resemble, what is imperative to concentrate and how to contemplate it.
Therapy, established by Sigmund Freud (1856-1939) was the prevailing worldview in brain science during the mid twentieth century. Freud accepted that individuals could be restored by making cognizant their oblivious considerations and inspirations, therefore picking up knowledge.
Freud’s analysis was the first psychodynamic hypothesis, however the psychodynamic approach in general incorporates all speculations that depended on his thoughts, e.g., Jung (1964), Adler (1927) and Erikson (1950).
The exemplary contemporary points of view in brain science to embrace logical techniques were the behaviorists, who were prestigious for their dependence on controlled research center examinations and dismissal of any concealed or oblivious powers as reasons for conduct.
Afterward, the humanistic methodology turned into the ‘third power’ in brain science and proposed the significance of abstract understanding and self-improvement.
During the 1960s and 1970s, brain research started an intellectual insurgency, embracing a thorough, logical, lab-based logical methodology with application to memory, recognition, psychological turn of events, dysfunctional behavior, and significantly more.
Psychology intends to have the option to foresee future conduct from the discoveries of observational exploration. In the event that an expectation isn’t affirmed, at that point the clarification it depends on might should be reconsidered.
For instance, traditional molding predicts that if an individual connects a negative result with a boosts they may build up a fear or abhorrence of the upgrades.
THE RAFALE JET AND ITS CONTROVERSY
We all have heard about the Rafale jet controversy, but not so much about the jet itself.We all have heard about the controversy regarding Rafale jets. But what are these jets? The fighter jets are developed by the French aviation company Dassault aviation. They are twin-engine, canard delta wing and multi-role fighter jets. To a simple man, these jets have two engines which are useful when one engine fails and they have much better fuel efficiency compared to single-engine jets. The jet allows faster speed and better pick up than single-engine jets. They also have canard delta wing, canard means the arrangement of the wings which mean that the brewing to the jet is placed forward to the main wing of a fixed-wing aircraft, this arrangement reduces the weight of the main wing loading, this allows much better control of the airflow to the main wing thus is easier to manoeuvre the jet at high angles; delta wing is the shape of the wing which is in the shape of a triangle. It is fighter jet is an aircraft designed specifically for air-air combat. Rafale has three variations the Rafale C single-seat land-based variation, Rafale B twin seat-based variation and the Rafale M single-seat carrier-based variation. The aircraft has the capacity of fire short-range and long-range missiles with high accuracy. The jet can carry 9 – 14 hardpoint which is its external weight. The Indian military has ordered 36 Rafale jets that were delivered today for 58,000 crores.
The jets are the newest edition to India’s air force. The Indian government made a contract in 2015 for 36 Rafale aircraft. The deal is worth 8 billion and was signed for purchase in September 2016. The aircraft was selected in the Indian MRCA competition for a contract to supply 126 multi-role fighter aircraft to the Indian Air Force in 2011. The final contenders were the euro fighter typhoon and the Dassault Rafale. Dassault Rafale won and a contract was made to supply 126 combat aircraft. But due to delay in negotiations overproduction of Rafale jets in HAL India. Dassault would then review the two productions by the two companies. Dassault refused to take responsibility for the 108 jets manufactured by HAL. Later, after several reviews and contentions on July 2015, India withdrew the tender on the M-MRCA agreement. Then by a joint statement by French President Francois Hollande and Narendra Modi, it was announced that India will purchase 36 Rafale jets which would be delivered in flying conditions and the contract would add up to 8 billion dollars and 30 per cent of the deal’s value France would reinvest it in India’s defence sector.
The Rafale jets controversy was centred that the procurement process for the combat jets where there was price escalation and promoting private sectors over public sectors. The Indian government was also accused of price escalation. The manufacturing companies in the first contract was Hindustan Aeronautics Limited but in the final contract was obtained by Reliance Naval and Engineering Limited.
The INC spoke that the company chosen had no experience over HAL. A Public Interest Litigation was filed in the Supreme Court was filed to probe the procurement deal of the Rafale deal. Later in September 2018, the PIL was accepted by the Supreme Court and in December 2018, the Supreme Court verdict was given that the government had done nothing wrong regarding the Rafale deal. It reviewed the procurement process and found that there were no flaws in the decisions making process, the pricing of the jets was fair and that there was no foul play in the selection of Indian partner. Thus the case was closed and 5 five French-built and combat-ready aircraft landed in Ambala on July 27, 2020.
PROPERTY
In arithmetic, the acquainted property is a property of some dyadic tasks which is a figuring that joins two components to create another component. We will additionally examine affiliated property if there should be an occurrence of option and augmentation. The cooperative property isn’t legitimate in the event of division and deduction.
The affiliated property helps as far as making concrete from a mix of three fixings: concrete, rock, and water. Thus, we become acquainted with that including concrete, rock, and water to make concrete isn’t a cooperative procedure.
The Associative Property assists with accelerating Arithmetic. The thought is that as opposed to increasing a rundown of numbers in the request they’re composed from left-to-right, you can duplicate them in any request you need. It assists with sparing a ton of time and increase numbers quicker simpler.
Property has an exceptionally more extensive significance in its genuine sense. It not just incorporates cash and other substantial things of significant worth, yet additionally incorporates any elusive right considered as a source or component of salary or riches. The privilege and intrigue which a man has in terrains and belongings to the rejection of others. It is the option to appreciate and to discard certain things in the most total way however he sees fit, he utilizes them restricted by law.
The ocean, the air, and so forth, can’t be appropriated; each one may appreciate them, however nobody has any select right in them. At the point when things are completely our own, or when all others are avoided from intruding with them, or from meddling about them, it is plain that no individual other than the owner, who has this selective right, can have any case either to utilize them, or to prevent him from discarding them however he sees fit; that property, considered as an elite right to things, contains an option to utilize those things, yet an option to discard them, either by trading them for different things, or by parting with them to some other individual, with no thought, or in any event, discarding them.
Essentially Property is isolated into genuine property, and individual property. Property is additionally separated, into outright and qualified, when it comprises of merchandise and belongings.
Supreme property is what is our own, with no capability whatever; as when a man is the proprietor of a watch, a book, or other lifeless thing: or of a pony, a sheep, or other creature, which never had its characteristic freedom in a wild state.
Qualified property comprises in the correct which men have over wild creatures which they have decreased to their own belonging, and which are held dependent upon their capacity; as a deer, a bison, and so forth, which are his own while he has ownership of them, however when his ownership is lost, his property is gone, except if the creatures, go animo revertendi.
Property is again separated into bodily and ethereal. The previous grasps such property as is distinguishable to the faculties, as grounds, houses, products, stock and so forth; the last comprises in lawful rights, as picks in real life, easements, and so forth.
It is legitimate to see that at times, the second that the proprietor loses his ownership, he likewise loses his property or right in the thing: creatures ferae naturae, as referenced above, have a place with the proprietor in particular while he holds the ownership of them. Be that as it may, when all is said in done,’ the loss of ownership doesn’t hinder the privilege of property, for the proprietor may recoup it inside a specific time permitted by law.
Which means and Definition of Property
Which means of property
When all is said in done detect, property is any physical or virtual substance that is possessed by an individual or mutually by a gathering of people. A proprietor of the property has the right. Human life is absurd without property. It has financial, socio-political, now and then strict and lawful ramifications. It is the lawful area, which foundations the possibility of proprietorship. The fundamental hypothesize of the thought is the elite control of a person over something’. Here the most significant part of the idea of possession and property is the word ‘thing’, on which an individual has control for use. To expend, sell, lease, home loan, move and trade his property. Property is any physical or elusive substance that is claimed by an individual or mutually by a gathering of individuals. Contingent upon the idea of the property, a proprietor of property has the option to devour, sell, lease, contract, move, trade or wreck their property, or potentially to avoid others from doing these things. [1]
There are some Traditional standards identified with property rights which incorporates include:
- Command over the utilization of the property.
- Option to take any profit by the property.
- Option to move or sell the property.
- Option to reject others from the property.
Meaning of property
There are various definitions are given in various go about according to there utilizations and requirements. Yet, in the most significant act which only discussions about the property and rights identified with property move of property act 1882 has no unmistakable meaning of the term property. In any case, it is characterized in some other go about according to their utilization and need. Those definitions are as per the following:
Segment 2(c) of the Benami Transactions (Prohibition) Act, 1988 characterizes property as:
“Property” signifies property of any sort, regardless of whether portable or resolute, substantial or impalpable, and remembers any privilege or enthusiasm for such property.
Segment 2 (11) of the Sale of Good Act, 1930 characterizes property as:
“Property” signifies the overall property in merchandise, and not simply an exceptional property.
Speculations behind idea of property:-
There are numerous speculations which have been developed to comprehend the idea of property appropriately.
Those hypotheses are as per the following:
- Chronicled Theory of Property:
- Work Theory (Spencer):
- Mental Theory (Bentham):
- Useful Theory ( Jenks, Laski):
- Philosophical Theories–
(I) Property as a way to Ethnical Ends
(ii) Property as an End in itself
Chronicled Theory of Property
As indicated by the Historical hypothesis, the idea of private property had developed out of aggregate gathering or joint property. In the expressions of Henry Maine, “Private property was essentially shaped by the steady unraveling of the different privileges of individual from the mixed privileges of the network.
Prior property didn’t have a place with people, not even to segregated families, yet the bigger social orders made on male centric mode. Later with the breaking down of family-singular rights appeared.
Roscoe Pound likewise called attention to that the most punctual type of property was bunch property. It was later on that families were apportioned and singular property appeared.
Work Theory (Spencer)
The hypothesis is otherwise called ‘positive hypothesis’. This hypothesis demands the way that work of the individual is an establishment of property. This hypothesis says that, a thing is the property of an individual, who produces it or brings it into reality. The primary supporter of this hypothesis is Spencer, who created it on the standard of equivalent opportunity. He says that property is the consequence of individual work. In this way, no individual has an ethical right to property which he has not procured by his own exertion.
Mental Theory (Bentham)
As per this hypothesis, property appeared because of avaricious nature of man. Each individual wants to claim things and that brings into being property.
As per Bentham, Property is out and out an origination of brain. It is just a desire to get certain points of interest from the article as per one’s ability.
Roscoe Pound additionally bolsters Bentham and saw that the sole premise of origination of property is the rapacious nature of person which rouses him to attest his case over items in his ownership and control.
Useful Theory ( Jenks, Laski)
The hypothesis is once in a while otherwise called ‘sociological hypothesis of property’. It suggests that the idea of property ought not exclusively be limited to private rights however it ought to be considered as a social organization making sure about greatest interests of society. Property is arranged in the general public, must be utilized in the general public.
As indicated by Jenks, nobody can be permitted an unlimited utilization of his property, to the weakness to other people. He said that the utilization of property ought to adjust to the principles of reason and government assistance of the network.
As per Laski, Property is a social certainty like some other, and it is the character of social realities to adjust. Property has additionally accepted fluctuated perspectives and is proficient to additionally change with the changing standards of society.
Property is the making of the State
The root of property is to be followed back to the starting point of law and the state. Jenks saw that property and law were brought into the world together and would bite the dust together. It implies that property appeared when the state surrounded laws. Property was no place under the watchful eye of law.
As per Rousseau, “It was to change over belonging into property and usurpation into a correct that law and state were established”.
The primary who encased a land parcel and said-‘this is mine’- he was the originator of genuine society.
He demanded the way that property is only an efficient articulation of degrees and types of control, use and happiness regarding things by people that are perceived and ensured by law. In this manner the property was the making of the state.
Philosophical Theories –
Property as a way to Ethnical Ends
In the assessment of Aristotle, Hegel and Green, Property has never been treated as an end, however consistently as a way to some opposite end. As indicated by Aristotle, it might be a way to the furthest limit of good existence of the residents, further in the assessment of Hegel and Green, it might be a way to the satisfaction of the will without which people are not full human. As indicated by Rousseau, Jefferson, Friedman, it might be a methods as a pre-essential of individual opportunity seen as a human pith.
So also the remarkable pundits of property like Winstanley, Marx have condemned it as ruinous of human embodiment, a negative methods in connection an ontological end.
In all the above cases, property is taken as a methods not as an end.
Property as an End in itself
The supporters of liberal Utilitarian model, from Locke to Bentham, perceive property as an end. It is amplification of utilities. As per Bentham, the order of utilities is estimated by the material riches. The amplification of material riches is undefined from the moral end; property is for all intents and purposes an end in itself. In the expressions of Locke, the boundless collection is a characteristic right of the person that is an end in itself. Aristotle and Aquinas have thought of, ”property as a methods, closed for a restricted property.
three strikes law
Three-strikes law currently exists in nearly 20 different states. It was launched by the father of an 18 year old girl who was murdered by a man in 1992 with an extensive criminal record. Due to the severity of the crime and the increase in crime rate, government introduced this law as an official law later in 1993.California holds the highest record when it comes to the implication of “three-stakes law”, also called as the biggest penal experiment of its kind in modern American history due its differentiated provisions like the widely advertised 25 years of life imprisonment, but also doubling of nominal sentence for many second-strike offenders.
Over the years, this law has faced some serious controversies and criticisms, one of them being that the third strike need not be a conviction for violent or serious felony. Any conviction included even a non-violent crime to be sentenced for 25 years jail. Due to this fault in the law, America became the house of the world largest prisoners even beating Saudi Arabia and Venezuela. Later in 2012 , the law was adjusted to declare third strike only if it was a very violent or serious felony.
RELEVANCE :
The Government must realize the need of the hour and must implicate serious action to put a stop end to such crime. In a country where the crime rates increase more than literacy rates, implementation of “Three strikes law” could be a hope for this country where animals are safer than women. As the surveys and data show, most of the times, the criminal is known to the victim and also has a list of crimes committed prior. This law promises to eradicate such criminals who have no fear of law or constitution. Once a rapist has been convicted for 25 years, other criminals will be forced to think 100 times in the second strike stage because next is “knockout”, with no way out for them once the sentence has been declared. Such is the promise of this law, which is fair, unbiased and believes in prompt justice to be delivered for the serious or violent felony committed.
THE PERKS OF A BASEBALL RULE :
As a rule which takes an offender’s criminal history into account, three strikes law emerged as a weapon to deal and control the ever increasing rate of crimes. The main objective was to reduce recidivism through both incapacitation and deterrence as its proponents believed that the most incorrigible criminals deserves particularly punitive sentences. Moreover, because young adults remain responsible for the majority of the crimes, any deterrent effect of this group should significantly reduce the crime rate.
Being a potent law-and-order metaphor, three strikes law reaped its benefits by removing potentially violent offenders from the general population and thereby keeping the people safer. According to the Bureau of Justice Statistics, 77% of all prisoners are arrested again within five years of release. Further, the deterrent effect of three strikes laws can be understood best by analyzing the law’s impact on crime in California, where in 1998, the office of Attorney General Office claimed, since it enacted its three strikes law in 1994, crime has dropped 26.9 percent, which translates to 815,000 fewer crimes. Thus, the deterrent effect of the rule ‘three strikes, you’re out’ in California proved its purpose as criminal statistics was brought down and courts could establish speedy hearings.
FESTIVALS
Celebrations are overwhelming festivals of different things. They happen at normal stretches and aiding in breaking the repetitiveness of life. Moreover, they allow you to commend the little and enormous things throughout everyday life. Celebrations are the transporters of harmony and bliss in the networks. All countries of the world have certain strict and social celebrations. Nonetheless, India is perhaps the biggest nation to commend various celebrations. As India is an exceptionally social and various nation, so are the celebrations. They isolate into three general classifications of national, strict and occasional.
As we can partition the Indian celebrations into national, strict and occasional, we perceive how they contrast from one another. All in all, national celebrations are praised to pay tribute to respectable individuals and occasions. The strict ones follow legends of religions and their convictions. The occasional ones are commended with each season that we experience that shifts from district to locale.
The National celebrations incorporate Republic Day, Independence Day, Gandhi Jayanti and that’s only the tip of the iceberg. These celebrations are commended all over India. All the residents of the nation praise them regardless of the religion, standing, belief, and sex. Everybody praises them with incredible nationalism. These celebrations are gazetted occasions everywhere throughout the nation and are appreciated with incredible energy.
Dementia
Dementia is a progressive and sometimes chronic brain condition that causes problems with person’s thinking, behaviour, and memory.
Dementia itself is not a disease, but a syndrome, its symptoms are common to several brain diseases. It worsens over time. But medications might slow that decline and help with symptoms, such as behaviour changes. There are many different types of dementia. The treatments depend on the type of dementia.
Alzheimer’s Disease-Experts think between 60%-80% of people with dementia have this disease. It’s what most people think of when they hear “dementia”. Symptoms such as memory loss and trouble planning and doing familiar tasks.
Symptoms – mild at first but get worse over a number of years,confused about where he/she is or what day or year it is, Have problems speaking or writing, lose things and be unable to backtrack to find them, show poor judgement, have mood and personality changes
Vascular Dementia – If a person gets this type of dementia, it’s usually because he’s had a major stroke, or one or more “silent” strokes, which can happen without him realizing it. The symptoms depend on which part of his brain was affected by the stroke. While Alzheimer’s usually begins with memory problems, vascular dementia more often begins with poor judgment or trouble planning, organizing, and making decisions.
Symptoms – Memory problems that disrupt your loved one’s daily life, trouble speaking or understanding speech, problems recognizing sights and sounds that used to be familiar. Being confused or agitated, changes in personality and mood, problems walking and having frequent falls.
Dementia with lewy bodies – Lewy bodies are microscopic deposits of a protein that form in some people ‘s brains. They’re named after the scientist who discovered them.
If someone you know gets DLB, it’s because these deposits have formed in the part of the brain called the cortex.
Symptoms – Problems thinking clearly, making decisions or paying attention, memory trouble, seeing things that aren’t there, known as visual hallucinations, unusual sleepiness during the day, periods of “blanking out” or staring.
Problems with movement, including trembling, slowness, and trouble walking. Dreams where you act out physically, including, talking, walking and kicking.
Domestic Violence
Firstly, we have to understand that Parents are not Gods, they are also human beings, we all are flawed in various aspects. Just because the fact that they are “parents” or “older than us”, does not justify everything. It is wrong on their parts as well if they go violent on one another. Maturity depends on the kinds of work you do or your mental stability in life, not anything else. No man is perfect on the earth, whether being the father or the mother. There is absolutely no concept like Perfection. If they do not care of the feelings or unable to guess the traumatic experience the child goes through, the whole idea of worshipping Parents and accepting their unnecessarily rude behavior isn’t correct on the child’s parts as well. Parents are not free from all sorts of punishment if they commit Domestic Violence. Parents can be undignified or lack morality in certain cases if they aren’t having a normal mindset. A person reaching the age of adulthood doesn’t mean he holds values, a literate and educated person shall also be involved into domestic violence, without any concrete cause or basics. Home is a sweet place where harmony and peace shall prevail. Domestic violence is a punishable offence. The Protection of Woman from Domestic Violence Act, 2005, this is a civil Law which includes Physical, Emotional, Sexual, Verbal, Economic abuse as Domestic Violence. is enacted by the Parliament of India. It was bought into force by Indian Government from 26th October, 2006. Domestic Violence is toxic and impacts the mind of children a lot. Violence is basically the practice of abusing or torturing a family member member especially the companion either physically or mentally. This is so distractive for all the members of the family and surroundings also. Domestic violence can be for various reasons. When a person attacks on his family members, it is against the Law and disrupts the whole healthy atmosphere. This violence especially happens for a longer span of time and is mostly incurable. This person can be very jovial and happy person on the outside, but at home he fights or beats his family creating harassments. He certainly has no control over his anger, emotions and is desperate in nature. Maybe he has experienced the same in family which he is practicing now. He even tends to hurt his wife or kids by brutally beating them up. This person can also be alcoholic by nature. The person who is going through all the hate or harassment find it difficult to lodge a complaint by fear of society. It is easier said than done. The toxic person keeps on screaming or shouting, also using filthy languages at the top of his voice. this not only toxics the family but the surroundings as well which is embarrassing. A child who grows up in such a family has a hard time coping up with the situation as this is not a normalized behavior. He thinks he isn’t privileged enough like his friend’s happy family is. He grows up to be arrogant and short tempered. His reckless and selfish nature is basically the result of the domestic violence faced by him. The child can also choose to change the whole circumstances by preparing himself for the best and making himself capable of taking the charge of his family. This is the only way he can adopt to change his present situation. Not by repeating the same mistakes his parents did whereas focusing in achieving a lot more and better. Mostly, the Women are victims of Domestic Violence. There has been several cases on torturing on wives after marriage due to money, even killing them which is a heinous crime. A lot of women dies every year in the hands of Husbands or in Laws unfairly.
According to a National Family and Health Survey in 2005, total lifetime prevalence of Domestic Violence was 33.5 percent and 8.5 percent for sexual violence amongst women aged 15-49. A 2014 study in Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means violence affects 27.5 million women over their lifetimes. a Survey carried out by Thomson Reuters Foundation ranked India as most dangerous country in the world for Woman.
POWER OF VETO
Veto is an executive power to prevent any bill becoming a law. Normally all the modern constitutions confer this power upon the executive in order to prevent any unconstitutional matter getting passed as a law. There are four types of veto namely:
- Absolute veto
- Qualified veto
- Suspensive veto
- Pocket veto
Absolute Veto: If the President declares that he withholds his assent to the bill presented to him, the bill is dead. The legislature cannot override this veto by any majority.
Qualified Veto: It is a veto that can be overridden by the legislature by an extraordinary majority (special majority) prescribed by the constitution or any law. In the USA, the presidential veto in certain bills can be overridden by the resolution of the legislature passed by a special majority. But in India this type of veto is not available.
Suspensive Veto: It is a veto that is overridden by a resolution passed by the legislature supported by an ordinary (simple) majority. The President of India enjoys this veto. According to the proviso of Article 111, when the President returns a non-money bill for reconsideration of the House, the President is exercising his veto power. He declares that he will give his asset to the bill in the form in which it is passed by the House. In that case, the House needs to reconsider and pass the bill again. It is the discretion of the House to either accept the recommendations of the President.
Once reconsidered and passed, the bill is presented to the President for his assent. At this juncture, the President does not have any choice but only to give his assent. Since the constitution does not prescribe any special majority for this the presidential veto is overridden by an ordinary (simple) majority. Hence, this veto is known as suspensive veto.
Pocket Veto: It is not a veto in the true sense of the term veto. It is a consequential power. The constitution does not prescribe any specific time limit within which the President needs to declare his decision on giving assent to a bill. Therefore, it implies that the President can take any length of time to decide on the bill. When the President retains the bill with him without declaring his decision, it is known as the President ‘sitting on the bill’. After the expiration of a considerable length of time, the bill may lose its relevance even if it comes to force and hence, it is almost dead. In such cases the President is said to have pocketed the bill. This is known as pocket veto.
INDIAN PRESIDENT—A COMBINATION OF VETO POWER
The President of India enjoys a combination of veto powers. He possesses a combination of absolute, suspensive and pocket veto. He enjoys these veto powers in accordance with the type of the bill. This is an executive power which the President is to exercise with the aid and advice of the Council of Ministers.
ABSOLUTE VETO
The President enjoys absolute veto with respect to:
- Ordinary bills passed by the Parliament: The ordinary bills passed by the Parliament can be absolutely vetoed by the President, on the advice of the Council of Ministers. After passing a bill the circumstance could change and a need for abolishing the bill may arise. For instance, in Jammu and Kashmir the legislature passed a bill that took away the right to inherit property for the Kashmiri women who married non-Kashmiri men. This bill met with huge public opposition and the government could not go ahead. So, the government advised the Governor to absolutely veto the bill. In case this power to absolutely veto the bill is not available, it would require another law to replace it or to declare it invalid. That would be a cumbersome and expensive process. However, in practice absolute veto is usually exercised in case of Private Member’s Bills. With respect to Government Bills, absolute veto is exercised in circumstances when the government resigns or removed.
- Money Bills passed by the Parliament: Although the Money Bills are introduced in the Parliament with the previous recommendation of the President, it does not bind the President to give his assent. Since, it is introduced on his recommendation he cannot return the bill for reconsideration. Article 111, expressly prohibits the President form returning the Money Bill for reconsideration. If he needs any clarification on the bill, he has to clarify at the stage of introduction itself.
- Private Member’s Bills: A bill introduced by the member who is not a minister is known as Private Member’s Bill. The President absolutely vetoes the bill if the Council of Ministers advised him to veto the bill.
- Financial Bills passed by the Parliament: Financial bills are Ordinary Bills for all the practical reasons of passage in the Parliament. Hence, such bills can also be absolutely vetoed.
- State Bills reserved for his consideration: According to Article 200, the State Bills can be reserved for the consideration of the President. The Governor of the State is empowered to reserve the bills, including the money bills, presented to him for assent. According to Article 201, the President has the powers to veto the bills absolutely.
SUSPENSIVE VETO
The President enjoys suspensive veto with respect to the Ordinary Bills including the Financial Bills of both the union and the States. In any case, the President cannot return a Money Bill for the reconsideration of the House.
POCKET VETO
Since the constitution does not prescribe any time limit for the President to declare his decision, the President can retain any bill submitted to him. Thus, over a period of time the bill might lose its relevance and be dead. The postal amendment bill passed in 1984 was pocket vetoed the President.
CONSTITUTIONAL AMENDMENT BILLS
After the 24th Amendment Act, 1971, the President does not enjoy any veto power with respect to the constitution amendment bills. Article 368 (2), makes it mandatory for the President to give his assent to the constitution amendment bill when passed by both the Houses of the Parliament and presented to him for his assent. Thus, the President of India enjoys a combination of veto power.
POWERS OF PRESIDENT
According to Article 53, all the executive powers of the union are vested in the President. The executive powers of the President are multidimensional in character and it includes the powers of the nature of:
- Administrative powers
- Legislative powers
- Pardoning powers
- Military powers
- Diplomatic powers
- Miscellaneous powers
Although these powers are classified into many groups, they are executive powers of the President which he shall exercise only with the aid and advice of the Council of Ministers.
(a) Administrative Powers: Administrative powers are those are required for the purpose of the making and implementing policy, law and administrating the departments of the government. The administrative powers include:
- The power to appoint and remove persons to various offices under the Government of India. All the constitutional offices such as Prime Minister, Council of Ministers, judges of Supreme Court and high courts, Comptroller and Auditor General of India, members of UPSC, etc.
- Most of the incumbents, except a few such as the judges of Supreme Court and high courts, Comptroller and Auditor General of India, hold office during the pleasure of the President. For instance, the ministers of the union hold office during the pleasure of the President. [Article 75 (2)]. Therefore, the President also the powers to remove those who he appoints from office.
- According to Article 77, the President has the powers to ‘make rules for the more convenient transaction of the business of the government’. He also has the powers to allocate the portfolios to the ministers. Exercising this power, the President has made the Allocation of Business Rules and Transaction of Business Rules.
- Article 77 also empowers the President to create and abolish various ministries and departments.
- According to Article 78, the President as the head of the State and administrative head, has the powers to:
- Be informed about the decisions of the Council of Ministers relating to the affairs of the union.
- Call for any information relating to the administration of the affairs of the union.
These are the duties of the Prime Minster. Thus, Article 78 confers upon the President the power to supervise and call for report. These are some of aspects of the executive power.
(b) Legislative Powers: The legislative powers of the President are the executive powers of legislative nature because such powers are exercised by the President in accordance with the aid and advice of the Council of Ministers. Also, they are subjected to judicial review. The Legislative powers include:
- Article 79: The President is part of Parliament.
- Article 80: The President has the powers to nominate twelve members to be nominated from among the ‘persons having special knowledge or practical experience in respect of literature, science, art and social service’.
- Article 331: President has the powers to nominate two members of the Anglo-Indian community, if in his opinion the community is not adequately represented in the House of People.
- Articles 85 and 108: The President has the power to summon and prorogue the Houses of the Parliament from time-to-time. However, he has to ensure that not more than six months expires between the last sitting of the previous session and the first sitting of the next session. He also has the power to dissolve the Lok Sabha, when the term of the Lok Sabha expires or whenever it is required and call for election. Article 108 provides for the power of the President to convene a joint sitting of both the Houses of the Parliament to resolve the deadlock between the two Houses in respect of an Ordinary Bill.
- Articles 86 and 87: Provides for the right of the President to address the Houses of the Parliament and send messages to the Houses. The President can address the Houses either separately or jointly. For the purpose he can require the attendance of the members. The President also has the right to send messages to the Houses. Article 86 provides for the special address by the President. The first session after every general election to Lok Sabha and the first session of the Parliament every year begin with the President’s address. The President informs the members the cause of the summoning of the Houses.
- Previous Sanctions to Bills: Certain bills can be introduced into the Parliament only the previous recommendation of the President. Such bills are:
- Bills relating to creation of new states or the alteration of the names, areas or boundaries of any existing State (Article 3).
- The bill providing for compulsory acquisitioning or requisitioning of property under Article 31A.
- Money Bills can be introduced only with the previous recommendation of the President (Article 117).
- Any State Bills imposing restriction upon freedom of trade (Article 304).
- Bills affecting taxation in which States are interested [Article 274 (1)].
- A bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill [Article 117 (3)].
- Assent to Bills: According to Article 111, after a bill passed by the Houses of the Parliament, it is presented to the President for his assent. When a bill is presented to him the President may:
- Declare that he gives his assent, in this case the bill will become a law or;
- Declare that he withholds his assent, it means the President has vetoed the bill and the bill is dead or;
- Return the bill to the House in which it originated for reconsideration, with or without certain recommendations for amendment.
- Ordinance Making Power (Article 123): Article 123 confers upon the President the power to promulgate ordinances in certain circumstances/contingencies when the Parliament is not able to enact a law. ‘If at any time, except when both the Houses of Parliament are in session, the President is satisfied that the circumstances exist which render it necessary for him to take immediate action, he may promulgate’ ordinances.
(c) Pardoning Powers: All the modern constitutions confer the powers to pardon upon the executive. It is an executive power of judicial nature. It is vested in the President to correct any error that may occur in the judicial decisions for no human system is perfect. The pardoning powers of the President comprise a group of five powers, each having distinct significance and legal consequence namely:
- Commutation
- Remission
- Respite
- Reprieve
- Pardon
Commutation: It means to substitute one form of punishment with another punishment of lighter character. For example, reducing the death sentence to life imprisonment is commutation.
Remission: It means to reduce the amount of punishment without changing the character of the punishment. For example, it is to reduce the number of years of imprisonment to a convict.
Respite: It is to award a lesser punishment instead of the prescribed punishment in view of certain special reasons such as the age of the convict or pregnancy of a woman.
Reprieve: It is to stay the execution of a sentence during when the petition for pardon is pending before the President or the Governor.
Pardon: It absolves the offender from all sentences, punishments and disqualifications.
According to Article 72, the President can exercise the above powers with respect to any offence committed against the law enacted by the union Parliament. The President is the only authority who can grant pardon in respect of:
- All cases in which the sentence is one of death;
- A sentence of a court martial.
The Constitution of India does not specify the manner in which the President to exercise the pardoning powers. He has to exercise the power only in accordance with the aid and advice of the Council of Ministers, like other powers. According to a series of decisions of the Supreme Court and of some high courts:
- The exercise of the power by the President under Article 72 is primarily a matter for his discretion and the courts would not interfere with his actual decision on the merits.
- But courts exercise a very limited power of judicial review, to ensure that the President considers all relevant materials before coming to his decision.
- The President can, in the exercise of this power, examine the evidence afresh. In doing so, he is not sitting as a court of appeal. His power is independent of the judiciary. He can, therefore, afford relief not only from a sentence which he regards as unduly harsh., but also from an evident mistake.
- The President is not bound to hear a petitioner for mercy before he rejects the petition.
(d) Military Powers: According to Article 53 (2), the President is the supreme commander of the armed forces and the exercise of this power is regulated by the law. Thus, the President is only authority who can declare war and peace.
(e) Diplomatic Powers: The President is the only authority who delegates the Indian envoys to foreign countries and it is to him the foreign envoys submit their credentials.
(f) Miscellaneous Powers: Other powers of the President than the above are included in the miscellaneous powers. Such powers include:
- Administration of the Union Territories: Union Territories (UTs) are under the direct administration of the Union government. The President carries out the administration of the UTs. The administrator is responsible only to the President. Final legislative power to make regulations with respect to Andaman and Nicobar Islands, the Lakshadweep, Dadra and Nagar Haveli is with the President. According to Article 240, President has the power to amend any law of the Parliament to apply to these UTs. He may even repeal any law relating to the UTs.
- Administration of Tribal areas: With respect to the Scheduled Area and Tribes and Tribal Area in Assam the President has certain special powers which are mention below:
- The President has the power to declare any area to be a Scheduled Area. He also has power to alter the Scheduled Area (Schedule V Para 6).
- According to Para 4 of Schedule V, the President has the powers to direct the establishment of a Tribes Council in the States having Scheduled Tribes.
- The regulations made by the Governor of a State for the peace and good government of the Scheduled Areas has to be submitted to the President and assented to by the President for it to come to effect [Schedule V Para 5 (4)].
- President has the powers to give directions for the administration of Scheduled Areas and direct the Governor to make report on the administration [Schedule V, Para 3].
- Special Powers in respect of Scheduled Castes and Scheduled Tribes: The President has certain special powers and responsibilities regarding Scheduled Castes and Tribes:
- According to Article 341, the President has the power to draw up the list of Scheduled Caste in the States and UTs in consultation with the Governor.
- According to Article 342, the President has the power to draw up the list of Scheduled Tribes in the States and UTs in consultation with the Governor.
- Emergency Powers: The emergency powers are vested in the President. Articles 352 to 360 deal with the emergency powers. Article 352 provides for National Emergency. According to Article 356, the President can proclaim constitutional emergency based on the report of the Governor or otherwise. Article 360 confers the power to proclaim financial emergency.
- Other Powers: According to Article 213, the President has the power to give instructions to the Governor to issue ordinances in case the bill containing the same provisions requires the previous sanction of the President. The President can refer any matter of public importance to Supreme Court for its opinion.
