What are the cases in Indian Constitution in which prior recommendation of President is required?
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There are a number of such cases :-
(1) A bill for the formation of new states or alteration of boundaries of existing states.This is the exclusive power of President in which his prior recommendation is required to obtain the views of the affected states.[art. 3]
(2) A money bill which is to be introduced in Lok Sabha.
(3) Any matter relating to a law for acquisition by the state of any 'estate' or other intermediate interest in land means matters relating to article 31(A).
(4) A bill which would involve expenditure from the consolidated fund of India even though it may not be a money bill.
(5) A bill affecting taxation in which states are interested, or affecting the principles laid down for distributing money to states. Also where 'agricultural income' is involved for the purpose of taxation of income.
(6)State Bills imposing restrictions upon the freedom of trade.
But, One important thing of concern is that the courts are debarred from invalidating any legislation on the ground that the previous sanction was not obtained, where the President has eventually assented to the legislation.[Art. 255].
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Ananya Sah, ll.b. from Dr Ram Manohar Lohiya Awadh University Faizabad Up
Answered Feb 28
as per article 3 of the Indian constitution in order to alter the boundaries change the name of any state or to increase or diminish the area of a state, any bill in respect of this is required to be introduced with the recommendation of the President
also in the case of money bill, any such bill requires the recommendation of President before it is presented in the house of people.
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Himanshu Jain, LLb Law & Technology, Best High Secondary (2018)
Answered May 8
There are a number of such cases :-
(1) A bill for the formation of new states or alteration of boundaries of existing states.This is the exclusive power of President in which his prior recommendation is required to obtain the views of the affected states.
(2) A money bill which is to be introduced in Lok Sabha.
(3) Any matter relating to a law for acquisition by the state of any 'estate' or other intermediate interest in land .
(4) A bill which would involve expenditure from the consolidated fund of India even though it may not be a money bill.
(5) A bill affecting taxation in which states are interested, or affecting the principles laid down for distributing money to states. Also where 'agricultural income' is involved for the purpose of taxation of income.
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Following are some of such cases in which recommendation of President is required for passing following bills:
(1) New states formation and amending existing boundaries of states.
(2) Money bill
(3) Matters relating to Article 31(A).
(4) Expenditure from the consolidated funds of the country.
(5) Which affects the principles for distributing money to states.
(6) Imposed by state for restricted movement of goods.
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