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Need clarification: President's powers are vested with Home Ministry

I need a clarification on this topic. Members please help.
On today's newspaper, (Hindu) under the headline 'Ordinance to clear path for holding Jallikattu in TN', it stated that 'It (Bill) doesn't have to go to the President of India for his assent since his powers are vested with the Home Ministry'.

What did they mean by this?
"There should be no boundaries to human endeavor. We are all different. However bad life may seem, there is always something you can do, and succeed at. While there's life, there is hope" - Stephen Hawking
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Comments

  • I need a clarification on this topic. Members please help.
    On today's newspaper, (Hindu) under the headline 'Ordinance to clear path for holding Jallikattu in TN', it stated that 'It (Bill) doesn't have to go to the President of India for his assent since his powers are vested with the Home Ministry'.

    What did they mean by this?

    Yeah I have the same doubt. I thought that the president promulgates ordinances on behalf of the central govt...
    An Ounce of Action Is Worth a Ton of Theory
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  • Yeah I have the same doubt. I thought that the president promulgates ordinances on behalf of the central govt...

    :) Lets wait for others to reply then
    "There should be no boundaries to human endeavor. We are all different. However bad life may seem, there is always something you can do, and succeed at. While there's life, there is hope" - Stephen Hawking
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  • Same doubt
    You only live once, but if you do it right, once is enough.
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  • Article 213 says Governor shall not without instructions from the President promulgate any such ordinance .....
    Now this "instruction" power of President must be an executive power and not a legislative one like his own ordinance making power and with article 74(1) he shall execute it on the advice of council of ministers , moreover the judgement in T Venkata Reddy vs. State of Andhra Pradesh may also be referred ! at last "nothing is in the discretion of President , yet everything is !
    I may be wrong , just my thoughts !

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  • Thank you beast.
    "There should be no boundaries to human endeavor. We are all different. However bad life may seem, there is always something you can do, and succeed at. While there's life, there is hope" - Stephen Hawking
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  • edited January 22
    Read proviso to the Art 213(3)... and pay careful attention to the significance of the words "instructions" (not assent) and "deemed"...
    A Lion doesn't concern himself with the opinions of the sheep.
    https://www.facebook.com/jaime.kngslyr.1
    https://twitter.com/JFL_Kingslayer
    https://jflkingslayer.blogspot.in/
    jlkingslayer@gmail.com
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  • the subject is in concurrent list. A central law prohibits bulls from performing. TN seeks to bring a law that would be contradictory to the central law.... for that they need permission from central govt... may be the power to give this permission is given to home ministry by the president...
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  • @Jaime_Lannister , Sorry to bug you, but could you please make it a bit more clear?
    "There should be no boundaries to human endeavor. We are all different. However bad life may seem, there is always something you can do, and succeed at. While there's life, there is hope" - Stephen Hawking
    ·
  • @SteveOdinson

    Art 254 (1) - if there is a clash between a central and state law the central law will prevail.
    Art 254 (2) - the state law will prevail if it is the more recent one and also has the Presidential assent.

    So for the state law to prevail it should have Presidential assent and should be new. POINT 1


    Art 213(1) - Gives powers to the Governor of the state to promulgate ordinances.
    Proviso to Art 213(1) section (c) - Governor of the state cannot promulgate ordinance if a similar law would have violated POINT 1 above had such a law been passed by state legislature. To promulgate such an ordinance the Governor needs "instruction" of the President as per the main clause of the proviso.

    So to promulgate ordinance if it violated POINT 1 Presidential instruction is needed. So instruction of the President is required and not the assent. POINT 2.


    Proviso to Art 213(3) - if an ordinance is promulgated by the Governor of the state by following POINT 2 it shall be "deemed", that is, it will be assumed that a bill was reserved for the President and the President has assented to it. So no actual Presidential assent is required because it is "deemed" that he/she has done so.

    Hence the ordinance will not go to the President (anyway only bills go to President for assent and not ordinances).


    This "deeming" process is done by the Home Ministry. This is not given in the Constitution the same way that it is not explicitly mentioned in the Constitution that MHA 'advises' President regarding pardon, reprieve etc (Art 72). This is mentioned in the Rules of Conduct of Government Business formed under Art 77(3).


    Phew!

    A Lion doesn't concern himself with the opinions of the sheep.
    https://www.facebook.com/jaime.kngslyr.1
    https://twitter.com/JFL_Kingslayer
    https://jflkingslayer.blogspot.in/
    jlkingslayer@gmail.com
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  • @SteveOdinson

    Art 254 (1) - if there is a clash between a central and state law the central law will prevail.
    Art 254 (2) - the state law will prevail if it is the more recent one and also has the Presidential assent.

    So for the state law to prevail it should have Presidential assent and should be new. POINT 1


    Art 213(1) - Gives powers to the Governor of the state to promulgate ordinances.
    Proviso to Art 213(1) section (c) - Governor of the state cannot promulgate ordinance if a similar law would have violated POINT 1 above had such a law been passed by state legislature. To promulgate such an ordinance the Governor needs "instruction" of the President as per the main clause of the proviso.

    So to promulgate ordinance if it violated POINT 1 Presidential instruction is needed. So instruction of the President is required and not the assent. POINT 2.


    Proviso to Art 213(3) - if an ordinance is promulgated by the Governor of the state by following POINT 2 it shall be "deemed", that is, it will be assumed that a bill was reserved for the President and the President has assented to it. So no actual Presidential assent is required because it is "deemed" that he/she has done so.

    Hence the ordinance will not go to the President (anyway only bills go to President for assent and not ordinances).


    This "deeming" process is done by the Home Ministry. This is not given in the Constitution the same way that it is not explicitly mentioned in the Constitution that MHA 'advises' President regarding pardon, reprieve etc (Art 72). This is mentioned in the Rules of Conduct of Government Business formed under Art 77(3).


    Phew!

    officially/symbolically to presi ko hi declare karna chaiye tha..as a federal head..in short presi ko koi role kahi hai hi nahi :D
    Qawalli Lover. Die hard fan of NFAK..
    "Aag ka dariya h, doob ke jana hai."
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  • Thank you so much @Jaime_Lannister <3
    "There should be no boundaries to human endeavor. We are all different. However bad life may seem, there is always something you can do, and succeed at. While there's life, there is hope" - Stephen Hawking
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  • seed_15 said:

    <
    presi ko koi role kahi hai hi nahi :D

    :p
    "There should be no boundaries to human endeavor. We are all different. However bad life may seem, there is always something you can do, and succeed at. While there's life, there is hope" - Stephen Hawking
    ·
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