President discretionary powers

Patil Amruta. Mar 28, 2023. On the 23rd of May 1949, the Constituent Assembly held a debate on Article 102. The president's power to promulgate an ordinance is discussed in this article. Article 123 of the current Indian Constitution, which states, "Power of the President to promulgate Ordinances during the recess of Parliament."

A non-executive president may, nevertheless, possess and exercise some discretionary powers of extraordinary political intervention as a constitutional arbiter ...The discretionary powers are as follows: 1. Veto powers exercised by the President: A bill cannot become an act of the Indian Parliament until it receives the assent of the President of India. The president is at his discretion to give his assent, or withhold his assent or return the Bill to the House for reconsideration (except in case of a ...1. a Proclamation of Emergency is in force. 2. two or more states make a request to the Parliament to make a law on a subject. 3. Rajya Sabha passes a resolution that such subjects have acquired national importance. Codes.A reading of the text of Indian Constitution indicates that it does not explicitly grant any discretionary powers to the President of India, especially after the 42nd and 44th Amendments (1976 and 1978).Mar 23, 2016 · I. Bills which must be reserved for President’s consideration. bills derogating the powers of the High Court (art 200) imposition of taxes on water or electricity in certain cases (Article 288) during a Financial Emergency (art 360) II. Bills which may be reserved for President’s consideration and assent for specific purposes. a). 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.i. To appoint Prime Minister to the leader of majority party. ii. To summon the Parliament. iii. To return a bill to the Parliament with objections. iv. To appoint the members of Council of Ministers. v.

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.Discretionary Powers of the President 63(3) vii–xviii and Governors in India in Constitution and Practice A reading of the text of Indian Constitution indicates that it does not explicitly grant any discretionary powers to the President of India, especially after the 42nd and 44th Amendments (1976 and 1978).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 ...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 ...Diplomatic Powers. Military Powers. Discretionary Powers. Judicial Powers. Conclusion. FAQs. MCQs. Powers And Functions Of The President - Constitutional Provisions.Ordinance-making powers are the same at both levels for the Governors and the President who issue ordinances for immediate action but must lay the ordinances before the legislature when the central or state legislature reconvenes. The President/Governor should frame an Ordinance only when he is satisfied that the conditions necessary to …

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.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 apply to the ...More A reading of the text of Indian Constitution indicates that it does not explicitly grant any discretionary powers to the President of India, especially after the 42nd and 44th Amendments (1976 and 1978).In most of the orders presidents issue, the president acts with broad discretion delegated to him by Congress. Specifically, the president’s order issued has broad discretion (where the president has more control over the policy without limitations from Congress) in 73% (2,294) of the substantive cases and 88% (2,752) in the ex-ante cases.

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The president may be assertive and use his/her discretion under certain circumstances—in appointment and dismissal of the prime minister, maintaining relationship between prime minister/president and Council of Ministers, exercising right to be informed, dissolution of the parliament, use of veto power, etc.powers the president assumes, giving him greater authority and flexibility in performing the duties of office. cabinet. presidential appointees to the major administrative units of the executive branch. recess appointment. political appointment made by the president when congress is out of session. impoundment.President Barack Obama blocked property in a number of countries during states of emergency, including Somalia, Ukraine, and Yemen, to name a few. In short, emergency statutes grant broad discretionary powers to the President over issues that do not necessarily implicate direct and immediate threats to U.S. soil.Article 70 – Discharge of President’s functions in other contingencies. Article 71 – Matters relating to, or connected with, the election of a President or Vice-President. Article 72 – Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.Veto Power. High on the list is the president’s ability to veto bills passed by Congress. The word “ veto ” is Latin for “I refuse.”. The president has two kinds of veto, both of which you should know: a regular veto and a pocket veto. When Congress sends a bill to the president, they can handle it in several different ways.

What are the Governor’s Powers over State Bills? Article 200: Article 200 of the Indian Constitution outlines the process for a Bill passed by the Legislative Assembly of a State to be presented to the Governor for assent, who may either assent, withhold assent or reserve the Bill for consideration by the President.; The Governor may also return the …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.Oct 16, 2022 · The President of India is the country’s first citizen and has certain discretionary powers that he can exercise by his own wish. Moreover, there are certain other powers vested with the President, but he can exercise those powers only after consulting with the council of ministers. Read Next: 1. 9 Powers of the President of India (Explained) 2. Some constitutional theorists defend unbounded executive power to respond to emergencies or expansive discretionary powers to complete statutory directives.• A non-executive president is a symbolic leader of a state who performs a representative and civic role but does not exercise executive or policymaking power. • A non-executive president may, nevertheless, possess and exercise some discretionary powers of extraordinary political intervention as a constitutional arbiter or guarantor. Why? Constitutional Provisions. Article 111 of the Indian Constitution governs the President's veto power.; Article 143provides for the power to the president to seek the consultation of the supreme court about the constitutional validity of any issue.; Article 200 deals with the Governor's powers in relation to providing assent to bills passed by the …Consumer discretionary income can basically be defined as any income remaining after all essential expenses have been paid. Essential expenses include taxes, housing, utilities, food and clothing. Businesses are often concerned over how mu...Nov 23, 2021 · 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 President has ... 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. The Indian President has exercised this veto power before. In 1986, President Zail Singh exercised this pocket veto. The President has no veto power when it comes to the constitutional amendment bills. (To know the more about the types of amendment in the constitution, refer to the linked article.) Summary of Veto Powers of President for UPSC

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 …

Discretion Of Governor Discretionary Power President Governor Constitutional Discretion No power • When they have to reserve the bill for the consideration of the President of India, Governors can decide on their own without the advice of the Council of Ministers. • When he has to recommend for the President’s rule in the state, he can ...Powers of the federal bureaucracy to implement policy — After the president signs a bill into law or issues an executive order, the federal bureaucracy is responsible for implementing that policy. Laws may lack clear, concrete details on how they should be enacted, so the federal bureaucracy has discretionary authority to make decisions on …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 at the time of need are as follows –23 Tem 2020 ... Emergency and Discretionary powers of president 11th political Science · More from Bashir Sir's Video Library - Political Science · Related Pages.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.Presidential Discretion. Price: 995.00 INR. ISBN: 9780199466566. Publication date: 12/09/2016. Hardback. 340 pages. View larger. Debtoru Chatterjee. …More A reading of the text of Indian Constitution indicates that it does not explicitly grant any discretionary powers to the President of India, especially after the 42nd and 44th Amendments (1976 and 1978).The president also has diplomatic powers. All types of international treaties and agreements are negotiated on behalf of the president. The president also has pardoning powers. According to Article 72 of the Indian constitution, the president can grant pardons. Note: The president has many discretionary powers. but he acts or takes steps ...

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100%(1) 37. IT Practical File Main 2022-23.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 NEA requires the President to specify the statutory powers he or she plans to activate upon declaring an emergency. However, the President may still act with broad discretion in enforcing those powers. The NEA also imposes certain reporting and accountability obligations on the President when acting under states of emergency.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 ...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 …Article 70 – Discharge of President’s functions in other contingencies. Article 71 – Matters relating to, or connected with, the election of a President or Vice-President. Article 72 – Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.This Article is written by Adarsh Singh Thakur, 3rd-year student, Indore Institute of Law.He discusses the Position and the Powers provided to the President by the Constitution. India has a Parliamentary form of Government which is based on the British system therefore, there are two Houses of Parliament in India and the President which …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 ...In this connection, five categories of executive power should be distinguished: first, there is that executive power which the Constitution confers directly upon the President by the opening clause of article II and, in more specific terms, by succeeding clauses of the same article; secondly, there is the sum total of the powers which acts of ...Discretionary Powers Of Governor. The discretionary Powers Of the Governor are listed below. Selection of a Chief Minister. Though it is a common tradition in India for a party with a majority to nominate its leader immediately after the election, which the Governor then calls to take the role of Chief Minister, the states may be less fortunate in the future. ….

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 …The President is the commander-in-chief of the Indian armed forces and has the power to appoint the Chief of the Army, Navy, and Air Force. Emergency Powers Of The Indian President: The President has the power to deal with three types of emergencies as stated in the Constitution of India- National Emergency (Article 352), President’s Rule ...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.While some presidential candidates and members of the public suggested that the president has power to do so, Minister for Law K. Shanmugam stated that the president's ability to speak freely is limited to those matters that, according to the Constitution, they exercises discretionary powers over. They should not act as a political centre ... Apr 4, 2023 · The President of India is the head of the state and is also called the first citizen of India. The president is a vital part of the Union Executive whereas the Governor is a constitutional head. The Governor is the agent of the centre as the Union Government nominates each State’s Governor. Check out the test series for UPSC IAS Exam here. 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 ...Summary: The Legislative Powers of the Indian President are: Summon and prorogue the Parliament. Dissolve the House of People. The President’s assent is needed for any Bill to get the law’s sanction. Recommend Bill in either house of the Parliament for recognising a new state or alteration of state boundaries.Table of Content. What are Discretionary Powers? Why are discretionary powers given? 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. President discretionary powers, Patil Amruta. Mar 28, 2023. On the 23rd of May 1949, the Constituent Assembly held a debate on Article 102. The president's power to promulgate an ordinance is discussed in this article. Article 123 of the current Indian Constitution, which states, "Power of the President to promulgate Ordinances during the recess of Parliament.", Nov 23, 2021 · 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 President has ... , This gives the President an informal power to use the veto in a very effective manner. This is sometimes referred to as ‘Pocket Veto’. Class 11 Political Science Chapter 7 NCERT Long Answer Type Questions. Question 1. Describe the powers and functions of the President of India. Answer: The powers of the President can be summarised as follows:, The president of India (IAST: Bhārat kē Rāṣṭrapati) is the head of state of the Republic of India.The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces. Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022.. The office of president was created when …, The Indian President is elected through an electoral college system, wherein the votes are cast by national and State-level lawmakers. The elections are conducted and overseen by the Election Commission (EC) of India. The electoral college is made up of all the elected members of the Upper and Lower Houses of Parliament (Rajya Sabha and …, Abstract. Despite donning a constitutional mantle that essentially binds a president to accept cabinet advice in exercising all the powers formally bestowed by the Constitution, the president of India can, in extraordinary circumstances, exercise discretion in the choice of a prime minister, acceptance of cabinet advice, dismissal of a ..., Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. 2) Explain the discretionary powers of the Governor mentioned in the Indian Constitution. Why is it held that the post of governor has become highly …, The discretionary powers of the President of India include. 1. Sending back the advice given by the Council of Ministers and asking them to reconsider a decision that has already been made. 2. Delaying assent to Bills passed by the Parliament by use of pocket veto. 3., Jul 19, 2022 · 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. , Discretionary Powers. Following is a detailed list of discretionary powers that the President may exercise: Pocket Veto. According to Article 111 of the …, 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, Apr 13, 2016 · The following are the discretionary powers of the President of India: The President can withhold assent to a Non-Money Bill or send it back for reconsideration. There is no time limit within which the President is required to declare his assent or refusal or return the Bill for reconsideration. He can take as much time as he thinks appropriate. , 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 ... , Discretionary Powers: Article 161 of the Constitution provides the Governor with the power to “remit or commute the sentence of any prisoner”. However, the Governor’s decision will be subject to judicial review by the constitutional courts. Currently, the immediate question is whether there is an independent, discretionary power vested with the Governor with regard to …, The cases of discretionary powers are as below : Suspensive Veto: The President has discretionary power when he exercises suspensive veto i.e. when he …, Sep 10, 2023 · The discretionary powers are as follows: 1. Veto powers exercised by the President: A bill cannot become an act of the Indian Parliament until it receives the assent of the President of India. The president is at his discretion to give his assent, or withhold his assent or return the Bill to the House for reconsideration (except in case of a ... , The President must consult the Council of Presidential Advisers in these areas. Non-discretionary Powers For matters in which the President has no discretion, the President must act in accordance with the advice of the Cabinet or a minister delegated with that power. , In most of the orders presidents issue, the president acts with broad discretion delegated to him by Congress. Specifically, the president’s order issued has broad discretion (where the president has more control over the policy without limitations from Congress) in 73% (2,294) of the substantive cases and 88% (2,752) in the ex-ante cases., Discretionary Powers of the President; Timing of Presidential Elections. Under Article 62 an election to fill a vacancy caused by the expiry of the term of President shall be held before the completion of the 5-year turn of the outgoing President. If an election is to be held to fill a vacancy caused by the death, resignation or impeachment of ..., Jul 19, 2022 · 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. , 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 ..., 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 ResearchGate, Two Discretionary powers of the President are: (i) The President has to be informed of all important decision and deliberations of the Council of Ministers and the Prime Minister is bound to provide whatever information the President seeks., 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)., Office of the President (G.R. No. 203372, June 16, 2015), the Supreme Court held that: “The President’s exercise of his power to appoint officials is provided for in the Constitution and laws. Discretion is an integral part in …, 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., Topic: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. 2) Explain the discretionary powers of the Governor mentioned in the Indian Constitution. Why is it held that the post of governor has become highly …, powers the president assumes, giving him greater authority and flexibility in performing the duties of office. cabinet. presidential appointees to the major administrative units of the executive branch. recess appointment. political appointment made by the president when congress is out of session. impoundment., Diplomatic Powers. Military Powers. Discretionary Powers. Judicial Powers. Conclusion. FAQs. MCQs. Powers And Functions Of The President - Constitutional Provisions., PUBLISHED May 09, 2021. ISLAMABAD: There is a growing debate that the discretionary powers of the Chief Justice of Pakistan should be structured and regulated to ensure more transparency in the ..., The correct answer is 1 and 3 only. The Governor performs the same duties as the President, but for the State. The discretionary powers of the Governor include:-. He/She has the discretion to choose a candidate for the chief minister when no party gets a clear majority. He/She can withhold his assent to a bill and send it to the President for ..., Judicial Powers. When appointing justices to the State High Court, the President talks with the Governor of the State in question. He possesses the pardoning powers listed below for any offences within the scope of state power. Pardon entails fully absolving the culprit. Stay on the execution of the sentence if you get a reprieve., The discretionary powers of the governor in India are as follows: (a) Selection of a Chief Minister: Though it is an established practice in India, that immediately after the election a party holding majority elects its leader, who is summoned by the Governor to assume Chief Minister ship, yet the States may not be blessed with such a happy situation for all times to come.