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The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG). In 1971, the central government enacted the Comptroller and Auditor General of India (Duties, Powers, and Conditions of Service) Act, 1971. Articles 148 – 151 of the Constitution of India deal with the institution of the CAG of India.
He is the head of the Indian Audit and Accounts Department and chief Guardian of Public purse.
The CAG is appointed by the President of India by a warrant under his hand and seal.
He holds office for a period of six years or up to the age of 65years, whichever is earlier.
He can resign any time from his office by addressing the resignation letter to the president. He can also be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.
CAG audits the accounts related to all expenditure from the Consolidated Fund of India, Consolidated Fund of each state and UT having a legislative assembly.
CAG audits all expenditure from the Contingency Fund of India and the Public Account of India as well as the Contingency Fund and Public Account of each state.
CAG audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary accounts kept by any department of the Central Government and the state governments.
CAG audits the receipts and expenditure of all bodies and authorities substantially financed from the Central or State revenues; government companies; other corporations and bodies, when so required by related laws.
He acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.
The CAG is also the statutory auditor of Government-owned corporations and conducts supplementary audit of government companies in which the Government has an equity share of at least 51 percent or subsidiary companies of existing government companies.
The reports of the CAG are laid before the Parliament/Legislatures and are being taken up for discussion by the Public Accounts Committees (PACs) and Committees on Public Undertakings (COPUs), which are special committees in the Parliament of India and the state legislatures.
The CAG is ranked 9th and enjoys the same status as a sitting judge of Supreme Court of India in order of precedence.
G. C. Murmu is the current CAG of India. He assumed office on 8 August 2020. He is the 14th CAG of India.
Restored the original term of the Lok Sabha and the state legislative assemblies.
Restored the provisions with regard to the quorum in the Parliament and state legislatures.
Omitted the reference to the British House of Commons in the provisions pertaining to parliamentary privileges.
Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
Restored some of the powers of the Supreme Court and high courts.
Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
Made the President declare a national emergency only on the written recommendation of the cabinet.
Made certain procedural safeguards with respect to a national emergency and President’s rule.
Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.
The Indian National Flag was designed by Pingali Venkayya.
The national flag of India is a horizontal rectangular tricolour flag of India saffron, white and India green; with the Ashoka Chakra, a 24-spoke wheel, in navy blue at its centre.
It was adopted in its present form during a meeting of the Constituent Assembly held on 22 July 1947, and it became the official flag of the Dominion of India on 15 August 1947.
The flag was subsequently retained as that of the Republic of India. In India, the term “tricolour” almost always refers to the Indian national flag.
Usage of the flag is governed by the Flag Code of India and other laws relating to the national emblems. The original code prohibited use of the flag by private citizens except on national days such as the Independence day and the Republic Day.
In 2002, on hearing an appeal from a private citizen, Naveen Jindal, the Supreme Court of India directed the Government of India to amend the code to allow flag usage by private citizens. Subsequently, the Union Cabinet of India amended the code to allow limited usage. The code was amended once more in 2005 to allow some additional use including adaptations on certain forms of clothing.
Indian National Anthem
The National Anthem of India Jana-gana-mana was adopted in its Hindi version by the Constituent Assembly as the National Anthem of India on 24 January 1950. It was composed originally as Bharoto Bhagyo Bidhata in Bengali by Rabindranath Tagore.
It was first sung on 27 December 1911 at the Kolkata Session of the Indian National Congress.
A formal rendition of the national anthem takes approximately 52 seconds.
Indian National Song
On 24 January 1950, the Constituent Assembly of India adopted “Vande Mataram” as a national song. It was composed by Bankim Chandra Chattopadhyay.
The poem was first published in 1882 as part of Chatterjee’s Bengali novel Anandmath. It is an ode to the motherland, personified as the “mother goddess” is later verses, of the people. Indian nationalist and philosopher Sri Aurobindo referred Vande Mataram as the “national Anthem of Bengal”.
The poem played a vital role in the Indian independence movement. It first gained political significance when it was recited by Rabindranath Tagore at Congress in 1896.
By 1905, it had become a popular amongst political activists and freedom fighters as a marching song. The song, as well as Anandmath, were banned under British colonial rule under threat of imprisonment, making its use revolutionary. The ban was ultimately overturned by the Indian government upon independence in 1947.
State Emblem of India
The State Emblem of India is the national emblem of the Republic of India and is used by the union government, many state governments, and other government agencies. The emblem is an adaptation of the Lion Capital of Ashoka, an ancient sculpture originally erected at the Sarnath, dating back to 280 BCE during the Maurya Empire.
It became the emblem of the Dominion of India in December 1947. The emblem was adopted by the Government of India on January 26, 1950, the same day that India became a republic.
The emblem features four Asiatic lions standing back to back, symbolizing power, courage, confidence, and faith. The lions are mounted on a circular abacus and the abacus is mounted on a lotus. The wheel of the law, Dharmachakra, is in the center of the abacus. The wheel has 24 spokes, which symbolize the progress and evolution of human civilization.
Balwant Rai Mehta Committee (1957) was the first committee that recommended the establishment of the scheme of ‘democratic decentralization’ which ultimately came to be known as Panchayati Raj.
Rajasthan was the first state to establish Panchayati Raj. It was inaugurated in 1959 in Nagaur district. Rajasthan was followed by Andhra Pradesh, which also adopted the system in 1959.
Some of the major recommendations made by the committee are:
Establishment of a three-tier Panchayati raj system
The village Panchayat should be constituted with directly elected representatives, whereas the Panchayat Samiti and Zilla Parishad should be constituted with indirectly elected members
All planning and developmental activities should be entrusted to these bodies.
The Panchayat Samiti should be the executive body while the Zilla Parishad should be the advisory, coordinating and supervisory body.
The District Collector should be the Chairman of the Zilla Parishad.
There should be a genuine transfer of power and responsibility to these democratic bodies.
Sufficient resources should be transferred to these bodies to enable them to discharge their functions and fulfil their responsibilities.
A system should be evolved to effect further devolution of authority in future.
Irrespective of political parties, elections has to be constituted for every 5 years in a genuine way.
It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers.
It deprived the governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India.
The laws made under the previous acts were called as Regulations while laws made under this act were called as Acts.
It ended the activities of the East India Company as a commercial body, which became a purely administrative body.
This Act attempted to introduce a system of open competition for selection of civil servants, and stated that the Indians should not be debarred from holding any place, office and employment under the Company. However, this provision was negated after opposition from the Court of Directors.
Government of India Act, 1858 was also known as ‘Act for the Good government of India’.
It changed the designation of the Governor-General of India to that of Viceroy of India. He (viceroy) was the direct representative of the British Crown in India. Lord Canning thus became the first Viceroy of India.
It ended the Dual government scheme initiated due to Pitt’s India act
It ended the system of double government by abolishing the Board of Control and Court of Directors.
It created a new office, Secretary of State for India, vested with complete authority and control over Indian administration. The secretary of state was a member of the British cabinet and was ultimately responsible to the British Parliament.
Karbi-Anglong Peace Agreement is a tripartite agreement among five insurgent groups of Assam, the Centre and the state government. This agreement is in synergy with the vision of Insurgency free prosperous North East, that envisages all-round development of northeast, peace and prosperity.
Highlights of the Karbi-Anglong Peace Agreement:
Karbi Outfits Surrendered: 5 militant organizations (KLNLF, PDCK, UPLA, KPLT and KLF) laid down arms and more than 1000 of their armed cadres have given up violence and joined the mainstream of society.
Special Development Package: A special development package of Rs. 1000 crore will be allocated over five years by the Central Government and the Assam Government to take up special projects for the development of Karbi areas.
More Autonomy to KAAC: This agreement will transfer as much autonomy as possible in exercising their rights to the Karbi Anglong Autonomous Council, without affecting the territorial and administrative integrity of Assam.
The Agreement proposes to give more legislative, executive, administrative and financial powers to the KAAC.
Rehabilitation: A provision has been made in this agreement to rehabilitate the cadres of armed groups.
Development of Local People: The Government of Assam will set up a Karbi Welfare Council to focus on the development of the Karbi people living outside the KAAC area.
The Agreement will ensure the protection of the culture, identity, language, etc. of the Karbi people and all-round development of the region.
The Consolidated Fund of the State will be amended to meet the resources of the KAAC.
Some of the Peace Agreements related to Assam and Northeast:
NLFT Tripura Agreement, 2019:
National Liberation Front of Twipra (NLFT) has been banned under the Unlawful Activities (Prevention) Act, 1967 since 1997 and has been involved in violence, operating from their camps across the international border.
NLFT signed a Memorandum of Settlement on 10th of August, 2019 with the Government of India and Tripura.
A Special Economic Development Package (SEDP) of Rs.100 crore has been offered by the Government of India for a period of five years.
Bru Accord, 2020:
Bru or Reang is a community indigenous to Northeast India, living mostly in Tripura, Mizoram and Assam. In Tripura, they are recognised as a Particularly Vulnerable Tribal Group.
In Mizoram, they have been targeted by groups that do not consider them indigenous to the state.
In 1997, following ethnic clashes, nearly 37,000 Brus fled Mizoram and were accommodated in relief camps in Tripura.
Permanent settlement of 6959 Bru families in Tripura with a financial package has been agreed between the Government of India, Tripura and Mizoram with representatives of Bru migrants.
Bodo Peace Accord:
Bodos are the single largest community among the notified Scheduled Tribes in Assam. They have been demanding a Bodo state since 1967-68.
In 2020, the Government of India, Government of Assam and representatives of Bodo groups signed an agreement, wherein the Bodoland Territorial Area District (BTAD) was redrawn and renamed as the Bodoland Territorial Region (BTR), in Assam.
Six northeast India states of Nagaland, Assam, Manipur, Sikkim, Mizoram and Arunachal Pradesh enjoy special provisions under Article 371 of Indian Constitution.
Article 371A for Nagaland
A makes special provision with respect to Nagaland to protect the rights of the tribal population. Notwithstanding anything in this Constitution, no Act of Parliament in respect of-
(a) religious or social practices of the Nagas,
(b) Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law,
(c) ownership and transfer of land and its resources,
Article 371B for Assam:
Article 371B makes special provision with respect to the States of Assam.
Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee.
Article 371C of Constitution of India makes special provision with respect to the State of Manipur.
(1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.
(2) The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
Article 371F for Sikkim:
Article 371F makes special provisions with respect to the State of Sikkim.
Notwithstanding anything in this Constitution,—
(a) The Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;
(b) As from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975;
(i) The Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) The sitting members shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) The said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
(c) In the case of the Assembly deemed to be the Legislative Assembly of the State of Sikkim under clause (b), the references to the period of five years, in clause (1) of article 172 shall be construed as references to a period of four years and the said period of four years shall be deemed to commence from the appointed day;
(d) Until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and the State of Sikkim shall form one parliamentary constituency to be called the parliamentary constituency for Sikkim;
(e) The representative of the State of Sikkim in the House of the People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim;
(g) The Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion;
(h) All property and assets which immediately before the appointed day were vested in the Government of Sikkim or in any other authority or in any person for the purposes of the Government of Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;
(i) The High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim;
(j) All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of the State of Sikkim shall continue on and from the appointed day to exercise their respective functions subject to the provisions of this Constitution;
(k) All laws in force immediately before the appointed day in the territories comprised in the State of Sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority;
(l) For the purpose of facilitating the application of any such law as is referred to in clause (k) in relation to the administration of the State of Sikkim and for the purpose of bringing the provisions of any such law into accord with the provisions of this Constitution, the President may, within two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon, every such law shall have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law;
(m) Neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143;
(n) The President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;
(o) If any difficulty arises in giving effect to any of the foregoing provisions of this article, the President may, by order, do anything (including any adaptation or modification of any other article) which appears to him to be necessary for the purpose of removing that difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day;
(p) All things done and all actions taken in or in relation to the State of Sikkim or the territories comprised therein during the period commencing on the appointed day and ending immediately before the date on which the Constitution (Thirty-sixth Amendment) Act, 1975, receives the assent of the President shall, in so far as they are in conformity with the provisions of this Constitution as amended by the Constitution (Thirty-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.
Article 371G for Mizoram:
Article 371G of Constitution of India makes special provision with respect to the state of Mizoram.
Notwithstanding anything in this Constitution,-
(a) No Act of President in respect of –
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Mizo customary law,
(iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides:
Provided that nothing in this clause shall apply to any Central Act in force in the union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;
(b) The Legislative Assembly of the State of Mizoram shall consist of not less than forty members.
Article 371H for Arunachal Pradesh:
Article 371H of Constitution of India makes special provision with respect to the State of Arunachal Pradesh.
Notwithstanding anything in this Constitution,
(a) the Governor of Arunachal Pradesh shall have special responsibility with respect to law and order in the State of Arunachal Pradesh and in the discharge of his functions in relation thereto, the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Arunachal Pradesh, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
(b) The Legislative Assembly of the State of Arunachal Pradesh shall consist of not less than thirty members.
The Constituent Assembly of India sat for the first time on December 9, 1946, deciding on its national flag, national insignia, national anthem; and ultimately adoption of the Constitution which made our country a democratic republic.
Important Features of Indian Constituent Assembly
The Constituent Assembly of India came into existence as per the provisions of Cabinet Mission Plan of May 1946, to formulate the Constitution of India for facilitating appropriate transfer of sovereign power from British authorities to Indian hands.
The Assembly was to have proportional representation from existing provincial legislatures and from various princely states.
The Assembly was to have three sections: Punjab & North-West, Bengal-Assam and Rest of India. The Constitutions were to be formulated for Indian Union, each Section and for each of the Provinces therein. The Muslim League won most of the 80 Muslim seats and dominated two smaller Sections, chose not to participate so the Assembly never convened separately in sections.
The Constituent Assembly held 12 sessions, or rounds of sittings:
December 9-23, 1946,
January 20- 25, 1947,
April 28- May 2, 1947,
July 14- 31, 1947,
August 14- 30, 1947,
January 27, 1948,
November 4, 1948-January 8, 1949,
May 16- June 16, 1949,
July 30-September 18, 1949,
October 6-17, 1949,
November 4-26, 1949,
January 24, 1950.
Biggest change in membership was caused by the declaration of Partition of India. Certain members like Dr. Ambedkar, who were elected from territories assigned to Dominion of Pakistan, lost their seats. After initial disinterest, the princely states started negotiating with a committee of the Assembly for their representation. Over a period, hundreds of princely states were grouped into larger associations and provisions were made for them to elect their representatives to the Assembly. Hyderabad did not send any representative till the end. Maximum membership towards the end of tenure of Assembly was 307.
Some of the important Organisational Committees are
Rules of Procedure Committee (appointed on December 11, 1946. 15 members, Chairperson- Rajendra Prasad, ex-officio. Worked till 20 Dec. 1946)
Steering Committee (appointed on January 21, 1947. 19 members, Chairperson- Rajendra Prasad, ex-officio)
Staff and Finance Committee (appointed on December 23, 1946. 11 members, Chairperson- Rajendra Prasad, ex-officio)
Credentials Committee (appointed on December 23, 1946. 5 members, Chairperson- A.K. Ayyar.
Order of Business Committee (appointed on January 25, 1947. 3 members, Chairperson- K.M. Munshi)
States (Negotiating) Committee (appointed on December 21, 1946. 6 members, Chairperson- J.L. Nehru)
Flag Committee (appointed on June 23, 1947. 12 members, Chairperson- Rajendra Prasad, ex-officio)
Committee on Functions of Constituent Assembly, under the Indian Independence Act (appointed on August 20, 1947. 7 members, Chairperson- G.V. Mavlankar)
Principal Committees and their sub-committees
Advisory Committee on Fundamental Rights, Minorities, Tribal Areas and Excluded Areas (appointed on 24 Jan. 1947. 57 members, Chairperson- Sardar Patel)
Union Powers Committee (appointed on 25 Jan, 1947. 12 members, Chairperson- J.L. Nehru)
Union Constitution Committee (appointed on 4 May. 1947. 12 members, Chairperson- J.L. Nehru)
Drafting Committee (appointed on 29 Aug. 1947. 8 members, Chairperson- Dr. Ambedkar)
Other Sectoral Committees
Ad-hoc Committee on Citizenship (appointed on 30 April, 1947. 7 members, Chairperson- S. Varadachariar)
Committee on Chief Commissioner’s Provinces (appointed on 31 July, 1947. 7 members, Chairperson- N. Gopalaswami Ayyangar)
Experts Committee on Financial Provisions of Constitution (appointed in Nov. 1947. 3 members, Chairperson- N.R. Sarkar)
Sub-Committee on Minority safeguards for West Bengal and East Punjab (appointed on 24 Feb. 1948. 5 members, Chairperson- Sardar Patel)
Rajendra Prasad was the elected President of Constituent Assembly while VT Krishnamachari and HC Mookerji served as Vice-Presidents.
HVR Iyengar was the secretary general of the Assembly, and SN Mukherji was the Chief Draftsman.
After authentication of copies of the Constitution, the Constituent Assembly got naturally dissolved with its Chairperson having been elected the President of India.
The Assembly continued functioning as provisional Parliament of India till first general elections were held. The first amendment to the Constitution of India was made by this provisional Parliament in the summer of 1951.
B N Rau was appointed Constitutional Advisor by the-then Viceroy Lord Wavell to head the Constituent Assembly Secretariat sometime in late July 1946. He had retired from civil service in January 1944 but remained active. He offered his honorary services to the Viceroy, which was accepted most probably due to his stint in Reforms Office soon after the enactment of Govt. of India Act, 1935.
2. Preparation of Memorandum by the Advisor based on responses; Submission of notes by certain members (February-November 1947)
Based on responses to his briefs and questionnaire, Rau prepared his Memorandum which included blueprints of probable provisions of impending constitution.
3. Deliberations in Principal Committees, including joint and sub-committees, and their Reports (February-August 1947)
In the second session of Assembly, its Chairman constituted four principal committees: Advisory Committee on Fundamental Rights, Minorities and Tribal Areas & Excluded Areas, Provincial Constitution Committee, Union Constitution Committee and Union Powers Committee. Of these committees, first two were chaired by Sardar Vallabhbhai Patel while the latter two were chaired by Nehru. Most of these committees appointed their sub-committees for more focused work on particular segment. Two or three of these committees also sat jointly to consider matters lying in overlapping zones of consideration.
4. Working of Constituent Assembly, including nomination of acting President, election of regular President and formation of operational committees was decided by an unofficial Experts’ Committee of Congress in July-August 1946. It was this committee which prepared the draft of Objective Resolution which was moved in the first session by Nehru.
5. Discussion on Reports in Constituent Assembly and adoption of principles (April-Aug. 1947)
The Assembly discussed the reports of principal committees in detail and adopted the principles therein.
Objective Resolution
Objectives Resolution was introduced by Jawahar Lal Nehru on 13th December 1946 in the Constituent Assembly. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947 as the Preamble to the Indian Constitution.
It laid down the fundamentals and philosophy of the constitutional structure. It provided the foundation for India’s Constitution, which institutionalized the essential values of equality, liberty, democracy, sovereignty, and cosmopolitan identity.
The Objective Resolution forms the basis of the Preamble to the Indian Constitution. Preamble declares India to be a sovereign, socialist, secular and democratic republic.
The objective of the Preamble is to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
A veto is the power to unilaterally stop an official action or enactment of legislation. A veto can be absolute or it can be limited. In India, the president has three veto powers.
Article 111 of the Constitution of India provides the Veto powers of the President of India.
When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either
assents to the Bill, or
withholds assent therefrom.
Article 111 sets no definite timeline but it state that the President may return the Bill “as soon as possible” to the Houses with a message to reconsider it. However, if the Houses enact the Bill with or without amendments and present it to the President for assent, “the President shall not withhold assent therefrom”.
For a Bill to become an Act, the President’s assent is must. The Indian President can sit on a Bill indefinitely.
Zail Singh, the President of India from 1982 until 1987, exercised a pocket veto toprevent the Indian Post Office (Amendment) Bill from becoming law.
The President of India has three types of veto powers?
The three types of Vetoes are:
Absolute Veto
Suspensive Veto
Pocket Veto
Types of Veto Powers
Absolute Veto
Suspensive Veto
Pocket Veto
The power of the President to withhold the assent to the bill is termed as his absolute veto
The power of the President to return the bill to the Parliament with or without consideration is called suspensive veto
The power of the President to not act upon the bill is termed as a pocket veto
Absolute Veto
When the President exercises his absolute veto, a bill does not become an act. The bill ends even after passed by the Indian Parliament.
President uses his absolute veto in the following two cases:
When the bill passed by the Parliament is a Private Member Bill
When the cabinet resigns before President could give his assent to the bill.
In 1954, this veto was exercised by Dr. Rajendra Prasad
In 1991, this veto was used by the then President R Venkataraman
Suspensive Veto
President uses his suspensive veto when he returns the bill to the Indian Parliament for its reconsideration.
If the Parliament resend the bill with or without amendment to the Indian President, he has to approve the bill without using any of his veto powers. Thus his suspensive veto can be over-ridden by the Parliament.
With respect to state bills, state legislature has no power to override the suspensive veto of President. Governor can withhold the bill for the President’s consideration and even if state legislature resends the bill to governor and governor to President, he still can withhold his assent.
When the Parliament resends the bill to the President, it has to follow only the ordinary majority in the houses and not the higher majority.
Suspensive veto can’t be applied on Money Bill.
Pocket Veto
The bill is kept pending by the President for an indefinite period when he exercises his pocket veto.
He neither rejects the bill nor returns the bill for reconsideration.
Since no time-limit for the President within which he has to act upon the bill, is specified in the Constitution of India.
President does not have any veto power with regard to the Constitutional Amendment Bills.
