No choice left for the President

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July 22, 2006 15:54 IST

With the government deciding to re-introduce the Office of Profit Bill in the same form, President A P J Abdul Kalam will have no choice but to give his assent once Parliament passes it.

This is the first time that a Bill, sent back by the President to Parliament invoking Article 111 of the Constitution, is bring brought back in the same form.

Kalam returned the controversial Parliament (Prevention of Disqualification) Amendment Bill 2006 seeking to exempt 56 posts, including that of chairperson of National Advisory Council, a post held by Congress president Sonia Gandhi, by exercising his powers under Article 111, never invoked since inception of the Constitution.

Article 111 states that when a Bill has been passed by Parliament, it shall be presented to the President and the President shall declare either that he assents to the Bill or that he withholds assent therefrom.

It is one of the three provisions under which the President can act independently.

The other two Articles relate to appointment of the prime minister and dissolution of Parliament, where he does not require the advice of the Union Cabinet.

In the mid-eighties, former Presidents Zail Singh and R Venkataraman had refused assent to Bills. Singh had just referred the controversial Postal Bill to the then Union Cabinet.

In 1991, Venkararaman had not given assent to the MP Pension Bill as per the advice of the then prime minister.

Meanwhile, Prime Minister Manmohan Singh will meet President A P J Abdul Kalam later on Saturday and apprise him of the Cabinet decision on bringing in Office of Profit bill in Parliament without changes.

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