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What are options before Prez on OoP

TimePublished on Tue, Aug 01, 2006 at 09:44, Updated on Tue, Aug 01, 2006 at 15:03 in section

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New Delhi: As expected, the Office of Profit Bill has been passed by both Houses of Parliament without any changes.

So, the Bill now goes back to President Kalam despite his reservations on the subject.

Earlier President Kalam had sent the Bill back to the House with some objections. So what are the options before President Kalam on the second time.

The options left before President Kalam now may be:

  • He could take the easy way out - one that the Government would want - to give the bill his assent
  • Under Article 111, Dr Kalam can take his own time to decide on the bill
  • Under Article 143, he may seek advice from the Supreme Court - something the BJP wants him to do

But there is no one interpretation of Article 143.

"There is no such Presidential power. The power to refer a matter to the Supreme Court for its opinion is a Constitutional power vested with the Council of Ministers," says senior counsel Fali Nariman.

While constitutional expert Subhash Kashyap has other opinion.

"I believe the President can straightly go to the Supreme Court," says Subhash Kashyap.

The Court's opinion is not binding, so the bill could well be back in the President even if he refers it to the Supreme Court.

There have been only two instances in the past when Presidents have not signed bills.

Zail SIngh did not sign the postal bill and President Venkatraman did not sign the Members Salaries and Allowances Bill.

The difference this time is that the President Kalam has not signed the bill, but has also returned it back for further consideration

"Venkatraman and Zail Singh did not assent two bills or sent them back to the Government. They obviously did not want the bills to be reconsidered by the two Houses," said Subhash Kashyap.

And there is the final option - if President Kalam has serious disagreements and feels the Bill violates the letter and spirit of the Constitution, he could resign.

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