When Power Of Attorney Is Executed In India: Fill & Download for Free

Originally answered for Can't we just do without a President in India and save taxpayer's money?Yes we can. But, If we think we are wasting taxpayers money by appointing a president. Just consider the scenarios when president intervened and saved our democracy (few listed below).With just prime minister at the realm of power he/she could have altered our constitution to his/her will and created a dictatorship or pseudo democracy as in our neighbouring countries.Unfortunately, even with so many checks in place there are situations in our country where both president and prime minister acted as rubber stamps.Complete absence of a president will only add to the problem.​​Important presidential interventions in the past:Pocket Veto of the Postal Bill:Indian Constitution does not provide any time limit within which the President is to declare his assent or refusal, the President could exercise a pocket veto by not taking any action for an indefinite time.Pocket Veto was used in 1986 by the then President Zail Singh in the Postal Bill. The president did not assent the bill by arguing that the scope of the bill was too sweeping which would give the government arbitrary powers to intercept postal communications indiscriminately.Offices of Profit Bill:The constitution gives the President the power to return a bill unsigned but it circumscribes the power to send it back only once for reconsideration. If the Parliament sends back the bill with or without changes, the President is obliged to sign it.In mid-2006, President A. P. J. Abdul Kalam sent back a controversial bill regarding the exclusion of certain offices from the scope of 'offices of profit', the holding of which would disqualify a person from being a member of parliament.Motion of no confidence:A Motion of No Confidence can be introduced in the Lok Sabha. If the motion carries, the house debates and votes on the motion. If majority of the members of the house vote in favour of the motion, the motion is passed and the Government is bound to vacate the office.In 1979, the Prime Minister, Charan Singh, did not enjoy a Parliamentary majority. He responded to this by simply not advising the President to summon Parliament.Proof of Majority to form a Government:Since the 1990s, Parliamentary elections have generally not resulted in a single party or group of parties having a distinct majority, until the 2014 Lok Sabha elections when BJP received a clear majority.In such cases, Presidents used their discretion and directed Prime Ministerial aspirants to establish their credentials before being invited to form the government.Rashtrapati Bhavan communiqués:In the late 1990s, President K. R. Narayanan introduced the important practice of explaining to the nation, the thinking that led to the various decisions he took while exercising his discretionary powers; this has led to openness and transparency in the functioning of the President.Presidential Powers & Responsibilities:Executive Power: Executive power of the Union shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.Military Power: The supreme command of the Defence Forces of the Union shall be vested in the President.Emergency powers: The president can declare 3 types of emergencies.National EmergencyState EmergencyFinancial EmergencyFinancial Powers:All money bills originate in Parliament, but only if the President recommends them.President directs the finance minister to present the Annual Budget and supplementary Budget before Parliament.No money bill can be introduced in Parliament without his or her assent.The President appoints a finance commission every five years.The Contingency Fund of India is at the disposal of the President. Withdrawal from the contingency fund of India is done after the permission of the President.Appointment Powers:The prime minister and other union ministersGovernors of StatesThe Chief Justice, other judges of the Supreme Court and High Courts of IndiaThe Attorney GeneralThe Comptroller and Auditor GeneralThe Chief Election Commissioner and other Election CommissionersThe Chairman and other Members of the Union Public Service CommissionVice Chancellor of central university and academic staff of central university through his nomineeAmbassadors and High Commissioners to other countriesPower to Pardon: The President shall have the power to grant pardons in the following situations:Punishment is for offence against Union LawPunishment is by a Military CourtSentence is a death sentenceDiplomatic Powers: All international treaties and agreements are negotiated and concluded on behalf of the President though they are subject to parliament approval.Judicial Powers: The President appoints the Chief Justice of the Union Judiciary and other judges on the advice of the Chief Justice. If the President considers a question of law or a matter of public importance has arisen, he or she can ask for the advisory opinion of the Supreme Court.Source: Constitution of IndiaThe President’s roleBudgetary Process

AS an advocate, i will suggest you to go for registered deed. Power of attorney is meant to escape the stamp duty. Initially you will save around 5–6% of stamp duty but this saving will cost you a lot when you try to approach the court. POA is a device used by many people just to evade tax and stamp duty and what happens next is- poa is issued to someone else and he transfers the property to you. Now as per the records, real owner is the person who granted that poa and the title of that property will only be transferred when a registered sale deed is executed in front of the registrar. How can a person sell something which is not having his name as owner? If that poa is registered then that poa will also attract the stamp duty as per the valuation of the property which will ultimately mean the same thing as of registered sale deed. This practice is prevalent in metropolitan cities like delhi but supreme court has held this practice as illegal.so i would like to suggest you to purchase or lease any property through its real owner only as saving the stamp duty will cost you the whole of the money spent in purchasing that property as your claim in court will be set aside due to stamp duty evasion. So final call is- don’t try this!!

Backgrounder :- The answer is in respect to Indian governance system, where the aforementioned bodies find special mention.----Point to note - their are only two broad categories of bodies - Constitutional and extra constitutional (non constitutional used interchangeably). a body will be classified as constitutional or extra constitutional from the source by which it derives its AUTHORITY/POWERS.Constitutional bodies derive their authority from the constitution, other extra constitutional bodies derive their authority by a law created by the parliament, an ordinance promulgated by the president or an executive order.The extra constitutional bodies can be seen as a super set which houses statutory bodies, executive bodies etc. When any reference is made to non constitutional body it should be seen in regard to extra constitutional body.1. Constitutional body :- They are those bodies which find considerable mention in the constitution, in ways like having a part of the constitution or an article explaining their position.example - Part XV of Indian constitution houses Elections, under which Article 324 has Election Commission - where its composition, Powers, independence is talked about.In the same way other constitutional bodies and their respective articles are - Finance Commission - Art 280- Public service commission - Part XIV chapter 2 Art 315 - 323- National commission for SC/ST - Art 338/Art 338-A- C&AG - Art 148- Attorney General of India - Art 76- Advocate general of State - Art 1652. Extra Constitutional Body :- they are those bodies which do not find mention in the constitution. They are created by various methods which further explain their nomenclature.2.A. Statutory Body:- they are those bodies which are created by a law passed by the parliament which explicitly mentions the objectives for creation, their composition, Powers. Such bodies are subject to change by a respective change in the law governing themexample - the information commission derives its power from the right to information act - which provides for a body having power of civil court to redress issues relating to RTI.other examples are - National Human Rights Commission(formed to conform to United nations charter on Human rights), Central vigilance commission2.B. Executive bodies :- they are those bodies which are created by an executive order - i.e. order of a ministry of union or state. Such bodies have no constitutional or law backing them. One very infamous body was Planning commission (now replaced by NITI aayog).Other such bodies are UIDAI (Aadhar card), which when faced controversy is undergoing shift to statutory body.- This is a very simple classification, understandable for the commons, including ME ...comments are welcome.Thanks for the A2A-- thanks to deepanshu Kataria for helping with the error. CBI is not a statutory body.