Discretionary power of president of india. SAGE Journals: Your gateway to world 2019-01-15

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Q8. Critically comment on the discretionary powers of the President of India.

discretionary power of president of india

He is not bound to act on the advise of the council of Ministers in certain circumstances, even he need not seek its advise. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business. But in situation where no party gets absolute majority, the Governor exercises his discretionary powers in appointing the Chief Minister. While, Indian president is head of the state but not the real executive. If the council of Ministers adheres to the previous advice, the president has to act as per this advice.


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discretionary power of president of india

discretionary power of president of india

He chooses his own cabinet and cabinet ministers can not be part of legislature. Do they have any discretionary powers? In case of a Bill other than a Money Bill, the President may direct the Governor to return the Bill for reconsideration. Diversity, Dissents, and Discretionary Review in the Judicial Hierarchy: Evidence from. Governor on the basis of majority support 5. No changes were made wrt governor. Lakshadweep has a separate Administrator The president must exercise powers according to the constituent.

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Powers of President of India

discretionary power of president of india

International Dimensions of Coal B. The infamous 42nd amendment clarified this position and added that president shall act in accordance with aid and advice which was diluted by 44th amendment so that president can return back advice for reconsideration after which advice shall be binding. Venkataraman in his autobiography has expressed the view that advice of the cabinet violative of the constitutional provisions is not binding on the president. In this regard President has three Veto Powers. Veto Power Explanation Absolute Veto Reject the Bill on which the bill Lapses. But he cannot dismiss it unitl it losses majority support. When the ministry losses support of the house, the governor will dismiss the ministry.

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Competitive Exams: Political Science Study Material Discretionary Powers of the President

discretionary power of president of india

But many aspects of antitrust law cannot be explained by efficiency analysis. They may simply decide to sit on the bill and do nothing pocket veto. However, they are subject to approval of parliament. In the India Quantitative case, regarding trade restriction to. Reserving certain bills passed by the State Legislature for consideration of the President of India 4.

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discretionary power of president of india

discretionary power of president of india

They are reserved if the bill is deemed to be against broader national interest But what if even 2nd advice of CoM which enjoys the confidence of house is unconstitutional and thus comes in conflict with the oath of president i. Congress arguably vesting the executive with broad discretionary power, courts should bear in mind the distinction between. Which of the following are the discretionary powers given to the Governor of a State? With holding the Promulgation of the Ordinance if he is of the feeling that the ordinance is of bad faith or affecting the national interest. So, are they mere rubber stamps? In presidential system, President is the head of state as well as head of govt. In its various judgments supreme court interpreted that they have to act only upon and in accordance with the aid and advice of CoM, save in a few well known exceptional circumstances. So, Council of Ministers exercises the real executive power in the name of the president.

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SAGE Journals: Your gateway to world

discretionary power of president of india

In the case of a money Bill, the President may either declare his assent or withhold his assent. He should make all possible efforts to avoid a mid-term poll. In India, the same person cannot be appointed as Governor for two or more States at the same time b. In such circumstances, the president must try to find out whether any alternative ministry can be possible. To secure immunity from operation of Articles 14 and 19. Vetoing on State Legislatures' bill which are recommended by Governor of the state for Presidential Consideration.

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Indian Polity

discretionary power of president of india

He is not part of legislature. . The following discussion deals with important aspects of executive powers of President of India. Bank or United Nations budget for the purpose of discretionary mitigation of carbon emissions and adaptation to global warming. President has the power to grant Pardon,Commute,Remit, Respite, or Reprive the sentences of any person in cases:- If punishment is given a by court martial b for an offence against law relating to the matter within the executive powers of Union c If punishment is a death sentence. Administrators of Andaman and Nicobar Islands, Delhi and Puducherry are designated as Lieutenant Governors.

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Competitive Exams: Political Science Study Material Discretionary Powers of the President

discretionary power of president of india

He meant that recommendations of the cabinet violative of the provisions of the constitution could be legally and constitutionally stalled by the president. Neither 1 nor 2 2. So, it is obligatory on the president to have always a council of ministers. American president is the chief head of executive, and administration is vested in him, and he appoint members of cabinet who are responsible to him. The Executive Power of the union of India is vested in the Prime Minister. This should be a matter to be resolved by mutual confidence and cooperation between the two. His areas of Interest are Geography, Polity, Economics and History.

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Competitive Exams: Political Science Study Material Discretionary Powers of the President

discretionary power of president of india

M from among the contenders when no single party attains majority after elections to the Lok Sabha. Making the rules to conduct the business of the State Government Select the correct answer using the code given below. Robinson, A Quantitative Analysis of the Indian Supreme Court's Workload, 10 J. Even a money Bill can be reserved. If the president ignores the advice of ministers enjoying the confidence in Lok Sabha, it may resign and thus create a constitutional crisis. What are the Judicial Powers of President of India? Increasing Number of Domestic Power-Bases B. The Legislature must reconsider the Bill within 6 months.

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