4.6 Bills that require Prior recommendation of the President
A bill to alter the boundaries of the State or to change the names of the state (Art 3).
A money bill as detailed in Art 110.
A financial bill (category one) involving Art. 110 but containing other provisions as well.
A financial bill (Category two) which is an Ordinary bill but seeking to draw from the Consolidated fund of India can be taken up for consideration, that is reading two in the process of passage of the bill.
Legislation involving Art. 31A
Any legislation involving items of taxation in which the states are interested or one that seeks to redefine agriculture income etc.
A state bill that seeks to restrict freedom of trade, commerce and intercourse [Art 19 (1)(g)] bill that require the previous sanction of the President cannot be questioned in the courts for its constitutionality, if such as sanction is not obtained after it is legislated upon, and the assent of the President is obtained.
Discretionary Powers :- The President of India almost always at on the aid and advise of the council of Ministers except under the following circumstances where he acts on his discretion:
In appointing a Prime Minister from among the contenders when no single party attains the majority after elections to the Lok Sabha.
A council of Ministers is voted out and after resigning advises the President to dissolve the Lok Sabha and Hold fresh elections (or resigns and advises so without being voted out).
While exercising the Pocket Veto.
Disqualifying members of the legislature when the Council's advice is not taken.
Can return the advice of the Council of Ministers once for its reconsideration.
4.7 The Vice President of India
According to Article 63-there shall be a Vice President of India.
He is the Ex-Officio Chairman of the council of states (the Rajya Sabha)
The Vice President is not a member of the Rajya Sabha, and hence he has no right to vote.
Being the Vice President of India, he is not entitled for any salary and allowance payable to the chairman of the council of states.
When he acts as the President or Discharge the function of the President, he shall not perform the duties of the office of the Chairman of the council of states and shall not be entitled to receive the salary and the emoluments payable to the chairman of the council of states under Art 97, during this period he is entitled for the salaries, emoluments, allowance and privileges of the office of the President of India.
The election of the vacancy of the office of the Vice President is completed before the expiry of his term.
Qualifications to be the Vice President
No person shall be eligible to be elected as the vice President unless he - is a citizen of India, has completed the age of 35 years, is qualified for elections as a member of the Council of States.
The Vice President may, by writing under his hand addressed to the President, resign his office.
The Vice President can be removed from his office by a resolution of the Council of states (the Rajya Sabha) passed by a majority of all the then members of the Council of states and agreed to by the House of People (the Lok Sabha). No formal impeachment is required.
