President discretionary powers. Governors enjoy more discretion than President because of duality of functions they have to perform. The nature of the study is that of a comparative analysis between constitutional provisions to understand who among the President and the Governor has more discretionary power under the Constitution and why. To maintain brevity, the enquiry into ...

Oct 18, 2023 · The Ordinance Making Power of the President is listed in Article 123 of the Indian Constitution. The President can succeed in replacing legislature-enacted laws whenever neither of the houses is in session. Essentially, the ordinance is a law that is promulgated by the President of the Republic of India. 6 months and 6 weeks are considered to ...

President discretionary powers. The President has discretionary power when he exercises suspensive veto ie. when he returns a bill (not money bill) for reconsideration of the parliament.

Powers and Functions. The formal powers and functions of the President are prescribed in the Constitution. Many of the powers of the President can only be exercised on the advice of the Government, but the President has absolute discretion in other areas. The President's powers include:

The veto power is the power of the President to refuse or not to take any action on a bill passed by a legislature. The veto power of the president of India is a discretionary power of the president. He is not required to follow the advice of the council of ministers to exercise the same.In the 1970s former Sinn Féin President Gerry Adams was twice convicted for attempting to escape from lawful custody. He had been imprisoned under an ...

The Indian President has discretionary powers to return the advice provided by the Council of Ministers and ask for a reconsideration of a decision. …On the question as to the proper mode and manner of the discharge of the powers and duties, especially the discretionary powers, of the Governor a State, it was held by the majority that the expression required in Art. 163(1) was stated to signify that Governor could exercise his discretionary powers only if there was a compelling necessity to ...1. Pardon. When the President pardons, both the sentence and the conviction of the convict completely absolve the sentences, punishments and disqualifications. 2. Respite. When the President uses the pardoning power of ‘Respite’, he chooses to award a lesser sentence in place of one originally awarded to the convict. PDF | Book Review: Presidential Discretion by Debtoru Chatterjee, New Delhi: Oxford University Press, 2016; xxv + 313, ₹995. | Find, read and cite all the research you need on ResearchGateFeb 15, 2018 · This article examines the scope of discretionary powers of governor of a state in India from federal perspective and argues that they are against the principle of ‘cabinet responsibility’, an essential feature of parliamentary form of government that India intertwined with the federal constitution. 28 Eki 2022 ... Solution For Discretionary powers of the President From the above discussion, we may conclude that the President is a ceremonial head.Articles 52-62 deal with President of India in the Indian Constitution. He is an important part of Union Executive. Read about President's elections, his powers and impeachment process of President for UPSC exam. Download topic 'President of India' notes PDF. For UPSC 2023 preparation, follow BYJU'S.Oct 18, 2023 · The Discretionary Powers of the President of India are as follows: Suspended Veto: The President of India has the power to return a bill for reconsideration by the Parliament. But if the bill is re-passed by the Parliament with or without amendments and presented to the President, it is mandatory for him to give his assent to the bill. Thus, the Governor has been given wider discretionary powers than the President. However, the Governors have continued to exercise their discretionary powers in an arbitrary and partisan manner. Governor's …

There are articles outside Chapter 1 of Part V relating to the powers of the President of India like Article 72 and Articles 352-360. We shall discuss in detail each of them later. Article 72: Power of President to grant pardons, etc., and to suspend, remit, or commute sentences in certain cases701 In Lujan v. Defenders of Wildlife, 504 U.S. 555, 576–78 (1992), the Court purported to draw from the Take Care Clause the principle that Congress could not authorize citizens with only generalized grievances to sue to compel governmental compliance with the law, inasmuch as permitting that would be “to permit Congress to transfer from the President …Do the president and governors have discretionary powers independent of cabinet advice in sanctioning prosecution of ministers and civil servants under …The President has the power and responsibility to appoint the Prime Minister of India. The President of India appoints the Chief Justice. The President is the appointing authority for the states and also has the power to dismiss a governor who has violated the constitution in their acts. Other than the posts mentioned above, the …

Mar 28, 2023. Constitutional Discretion of Governor refers to the expression of discretion mentioned in the Constitution. The Constitution makes it clear that if there is any doubt about whether a matter is within the governor's discretion or not, the governor's decision is final, and the validity of anything he does cannot be called into ...

Discretionary Powers of the President of India. The principal role of the president’s discretionary power is to prevent a parliamentary government from becoming parliamentary anarchy. This discretionary power has been given to the president under Article 343(2) of the Constitution. These certain discretionary powers which he can use …

The President has the power to distribute the share of income-tax among the states. 4. Judicial Powers: The President has the power to appoint the judges of the Supreme Court and the High Courts. The President of India has the power to pardon, reprieve or commute the punishment of any criminal for whom he thinks to deserve …President Obama’s executive action to protect millions of unauthorized immigrants from deportation is an act that both follows and departs from precedents set by his predecessors. As immigrant advocates — and the White House itself — point out, presidents have a long history of using their discretionary enforcement powers to allow people ...Discretionary power is the ability to act or make decisions according to one's own judgment. ... to help it execute its powers. The president may appoint the heads of these agencies under a general grant of authority to appoint "public Ministers and Consuls" and "all other Officers of the United States, whose Appointments are not herein ...

Executive, Legislative and Financial Power of the President. 8 mins. Diplomatic, Military and Judicial Powers of the resident. 8 mins. Discretionary Powers of the President. 5 mins. Introduction to Emergency Provisions and Emergency Powers of the President. 10 mins. Prime Minister as Leader of Nation.What are the different veto powers of the President? What are the discretionary powers of the President of India? Prelims: Indian Polity and Governance ...Oct 18, 2023 · The Ordinance Making Power of the President is listed in Article 123 of the Indian Constitution. The President can succeed in replacing legislature-enacted laws whenever neither of the houses is in session. Essentially, the ordinance is a law that is promulgated by the President of the Republic of India. 6 months and 6 weeks are considered to ... In context, then, the President’s power to curtail deportations is minimal when compared to Congress’ power to enact statutes that govern when noncitizens may enter and remain in the United States. Administrative relief is only a temporary reprieve from deportation as a matter of prosecutorial discretion.Instead, the powers are considered to be "discretionary powers of the President". They include, in section 84(2)(f), the power to appoint commissions of inquiry ...As already stated above, a most important discretionary power of the president and governor is the selection of the head of the government in a hung House. The first Commission on Centre–State Relations chaired by Justice R. S. Sarkaria has offered some guidelines for the governor in this regard, which mutatis mutandis also …abjures “the notion of a subjective or unfettered discretion”,18 which is a clear reference to the exercise of discretionary powers. The second is that “the rule of law demands that the courts should be able to examine the exercise of discretionary power”,19 which locates the power of controlling the boundaries of legality in the Judiciary.Governor’s Discretionary Powers; Important Constitutional Articles related to the Governor: ... At President’s discretion, the Chief Justice of the High Court of the concerned state can also be appointed as the Governor on a temporary basis when and how the President thinks fit. (Example – On the governor’s death, Chief Justice of HC ...Discretionary Powers of the President . Constitutionally, the President has a right to be informed of all important matters and deliberations of the Council of Ministers. The Prime Minister is obliged to furnish all the information that the President may call for.This ceremonial role is clearly the most important function of the modern Presidency. However, the President is also given some important discretionary powers: the right to refuse a dissolution of ...Jul 7, 2018 · Body – Mention the discretionary powers of the president and governor and highlight that while the president enjoys situational discretionary power, the discretionary power of the governor is mentioned in the constitution itself under article 163(2). Discuss whether governors Discretionary powers are at the discretion of the governor or the ... The President must consult the Council of Presidential Advisers. (CPA) in the exercise of any discretionary powers touching on the use of past reserves and the ...Emergency powers/President’s Rule. The President can declare three types of emergencies: national, state and financial, under Articles 352, 356 & 360. The President can rule the whole nation or ...I. Treaty Power. The Constitution provides, in the second paragraph of Article II, Section 2, that “the President shall have Power, by and with the Advice and Consent of the Senate to make Treaties, provided two thirds of the Senators present concur.”. Thus, treaty making is a power shared between the President and the Senate.Nov 8, 2022 · The President/Governor can also revoke an Ordinance at any time but his power to make/revoke an Ordinance is not discretionary, and he can promulgate or revoke an Ordinance only on the advice of the Council of Ministers headed by the prime minister in the parliament or Council of Ministers headed by the chief minister in the assembly advice mentioned above, does the president have any discretionary powers in the functioning or malfunctioning of the Government of India and/or the govern-ments in states in normal or emergency conditions contemplated in Article 352 (national emergency), Article 356 (emergency in a state), and financial emergencyThe Ordinance Making Power of the President is listed in Article 123 of the Indian Constitution. The President can succeed in replacing legislature-enacted laws whenever neither of the houses is in session. Essentially, the ordinance is a law that is promulgated by the President of the Republic of India. 6 months and 6 weeks are …

The veto power is the power of the President to refuse or not to take any action on a bill passed by a legislature. The veto power of the president of India is a discretionary power of the president. He is not required to follow the advice of the council of ministers to exercise the same.Still, the extent of the president's inherited prerogative—his discretionary powers—remained a controversial question during the first decades of the American ...Veto power of president. President may ask the report of the performance of government. President can reconsider the records or bill send by the prime minister. President can use discretionary power when no party gets majority. President can keep the bill pending without any time bound (pocket veto). STATE EXECUTIVE 1- GOVERNORThe object of pardoning power is to correct possible judicial errors, for no human system of judicial administration can be free from imperfections. According to Article 72, the President has the authority to give pardons, reprieves, respites, or remissions of penalty, as well as to suspend, remit, or commute the sentence of anyone guilty of a ...In the 1970s former Sinn Féin President Gerry Adams was twice convicted for attempting to escape from lawful custody. He had been imprisoned under an ...The President of a country has certain discretionary powers that he/she exercises as per their own wish and opinion. Such powers are listed below: Veto …Governor’s Discretionary Powers; Important Constitutional Articles related to the Governor: ... At President’s discretion, the Chief Justice of the High Court of the concerned state can also be appointed as the Governor on a temporary basis when and how the President thinks fit. (Example – On the governor’s death, Chief Justice of HC ...Discretionary Powers. Following is a detailed list of discretionary powers that the President may exercise: Pocket Veto. According to Article 111 of the …

Governor can act at his own discretion in various circumstances. One such is to reserve the bill for President's consideration. The decision of the governor is final and the validity of anything done by him cannot be called in question. Read more about the governor's powers for UPSC Exam. Download notes PDF. For UPSC 2023 preparation, follow BYJU'S. The Indian President has discretionary powers to return the advice provided by the Council of Ministers and ask for a reconsideration of a decision. Moreover, the President of India does not enjoy any constitutional discretion along the lines of the Governor of a state.Though President has discretionary powers in many cases, relatively, these powers are less than those exercised by the Governor. It is also observed that in cases where discretion is given to the post of Head of the State, both the President and the Governor exercise similar discretion. Instances can be found in exercise of clemency …Which of the following are the Discretionary powers of Governor?A. During an emergency he can override the advice of the council of ministers. At such times, he acts as an agent of the president and becomes the real ruler of the stateB. He uses his discretion in submitting a report to the president regarding the affairs of the state.C. He can disqualify a member of a House of …Discretion is at the core of executive power. This discretion, which gives chief executives the freedom to decide how to implement policy initiatives, shapes policy from the construction of border walls and the preservation of rainforests to trade barriers and public health measures that combat global pandemics.Constitutional Discretion – Criticism. The Governors Committee (1971) assigned the governor the responsibility of ensuring that the administration of the state does not collapse due to political instability, and he was required to send a regular report on the state's political situation.. The imposition of the President's rule (Article 356) in the event …8 mins. Discretionary Powers of the President. 5 mins. Introduction to Emergency Provisions and Emergency Powers of the President. 10 mins. Prime Minister as Leader of Nation. 7 mins. Appointment of the Prime Minister. 7 mins.Constitutional discretionary powers. Article 167 - The Governor can seek information from the chief minister about state administrative and legislative matters. Article 200 - The Governor can reserve a Bill for President's consideration. Article 356- The Governor can recommend the President to impose President’s rule on failure of ...Constitutional discretionary powers. Article 167 - The Governor can seek information from the chief minister about state administrative and legislative matters. Article 200 - The Governor can reserve a Bill for President's consideration. Article 356- The Governor can recommend the President to impose President’s rule on failure of ...In a parliamentary or semi-presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state without the approval of another branch or part of the government.Discretionary power of President A country, particularly one as large as India, can face many issues. With such a large population, India is susceptible to many problems. However, administrative powers are given to authorities to deal with these situations, but authorities also have some discretionary powers. Clemency is a broad executive power, and is discretionary which means the President is not answerable for his pardons, and does not have to provide a reason for issuing one. But there are few limitations. ... Difference Between Pardoning Powers of President and Governor: The scope of the pardoning power of the President under Article 72 isThe president also has its discretionary powers on the appointment of the Prime Minister when the government resigns because of the anticipation of its defeat in the floor of the house and the majority party of the Lok Sabha splits. In 1979, there was a move of no confidence motion against the Prime Minister Shri Moraji Desai by the leader of ...27 Nis 2023 ... Anna Sporrer, Vice President of the Supreme Administrative Court of Austria, focused her presentation on the analysis of the discretionary power ...Executive, Legislative and Financial Power of the President. 8 mins. Diplomatic, Military and Judicial Powers of the resident. 8 mins. Discretionary Powers of the President. 5 mins. Introduction to Emergency Provisions and Emergency Powers of the President. 10 mins. Prime Minister as Leader of Nation.Constitutional arbitration: A non-executive president may be entrusted with certain discretionary powers),1 which, by law or conventional practice of the constitution, are exercisable at the president’s personal discretion. These powers are exempt from the rules of ministerial responsibility, meaningDiscretionary Powers of the President • Constitutionally, the President has a right to be informed of all important matters and deliberations of the Council of Ministers. • The Prime Minister is obliged to furnish all the information that the President may call for.

... President of Ukraine of April 24, 1998. However, the term “discretion (discretionary powers)” became public only in 2007 during the consideration by the ...

Jul 21, 2022 · Emergency powers/President’s Rule. The President can declare three types of emergencies: national, state and financial, under Articles 352, 356 & 360. The President can rule the whole nation or ...

Solution. Verified by Toppr. When a party or coalition of parties gets a clear majority in the elections, the President has to appoint the leader of the majority party or the coalition that enjoys majority support in the Lok Sabha. When no party or coalition gets a majorty in the Lok Sabha, the President exercise his discretion. The President of India is both the head of state and the country's first citizen. He/She is a part of the Union Executive, provisions of which are dealt with under Articles 52-78, including articles related to the President (Articles 52-62).Thus, the president has practiced its discretionary powers in the past with respect to the powers attained from the constitution provisions and in some cases, it has provided the opportunity to the prime minister designate to form an alternative form of government. End-Notes: Article 75(1), Constitution of India, 1949.7 May 1996 ... discretion is so central to the functioning of the Executive Branch as to require as a matter of constitutional law that the counsel be ...Presidential Discretion. Price: 995.00 INR. ISBN: 9780199466566. Publication date: 12/09/2016. Hardback. 340 pages. View larger. Debtoru Chatterjee. …Abstract. This article examines how governors have made more use of their discretionary powers than the president. The reason is found in Article 163 of the Constitution that allows use of discretionary powers of the governors. Despite being antithetical to the responsible governments in the states, such powers were assigned to …Discretionary Powers of the Indian President. March 2018. Economic and Political Weekly. Authors: Venkataraman Ganesh. Indian Institute of Technology Madras. Abstract. Discover the world's...The most prominent example of the same is the discretionary powers provided to the President of India and the Governors of the States. Discretionary Power of Governor – Meaning The phrase “Discretionary Power” refers to a special authority given to a particular office-holder to decide on the most reasonable option amongst all others.

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