Discretionary power of governor. Governor's Discretionary Powers 2023-01-02
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Discretionary power refers to the ability of an individual or an institution to make decisions based on their own judgment, rather than being bound by specific rules or guidelines. In the context of a governor, discretionary power refers to the ability of the governor to make decisions and take actions that are not strictly dictated by laws or regulations.
One example of discretionary power in the context of a governor is the power to grant pardons or commutations of sentences to individuals who have been convicted of crimes. This power allows the governor to use their judgment to decide whether an individual should be granted clemency based on their circumstances, such as the severity of their crime or their potential for rehabilitation.
Another example of discretionary power in the context of a governor is the power to declare a state of emergency in response to a natural disaster or other crisis. This power allows the governor to take immediate action to protect the health and safety of the public, even if doing so requires bypassing certain rules or procedures.
Discretionary power can also come into play in the budgeting process, as governors often have the authority to allocate funds to different priorities based on their judgment. This can allow governors to respond to changing needs or circumstances, such as shifting economic conditions or emerging issues.
Overall, the discretionary power of a governor can be a powerful tool for responding to changing circumstances and addressing the needs of the state. However, it is important for governors to use this power responsibly and transparently, as the decisions they make can have significant consequences for the people they serve.
7 Discretionary Powers of the Governor in India
In the discharge of such special responsibility, the Governor has to act according to the directions issued by the President from time to time and subject thereto, he is to act in his discretion. Prafulla Chandra AIR 1969 Cal 198. Union of India 2005 3 SCC 150. In his capacity of Chancellor of universities in the state, he exercises the power to choose the Vice-Chancellor from among the names of the panel forwarded by the Cabinet. So in such a situation in order to establish the government the government must first invite the majority party as a matter of convention, but the decision needs to be on sound basis and informed in order to make a sound government. He thought none of them could minister with the strength of 122 out of 243. It is the duty of the Chief Minister to furnish such information.
Governor's discretion cannot be arbitrary or fanciful: SC Constitution Bench
In the case of S. In such situation the President has to use his own discretion in who has the support of majority or who can run the government. The Governor must first invite the largest party to establish the government as a matter of convention. About Us The UPSC exam is generally considered the hardest in the world. The INC-JD S -BSP coalition on the other hand with a total of 116 seats cleared the required majority mark. Analysis of the Situation in Karnataka: Constitutionality of the Governors Actions In Rameshwar Prasad v Union of India the court had held that when a political party with the support of other political party or other MLAs stakes claim to form a Government and satisfies the Governor about its majority to form a stable Government, the Governor cannot refuse formation of the Government and override the majority claim because of his subjective assessment that the majority was cobbled by illegal and unethical means.
A similar situation arose recently in the Maharashtra election where despite BJP being the largest party with 105 seats failed to form the government in the state. When the Constitution of India was adopted by the Constituent Assembly, deliberate voids were left in it, to enable a future Parliament to modify and amend the Constitution that was in accordance with the aspirations and the will of the people. Nandini Satpathy who according to the opposition had lost the majority on account of desertion of 26 legislators from her party. Why are discretionary powers given? In this case also, the Governor is fully entitled to act according to his discretion, in the interest of the state concerned. If the prime minister dies, the President chooses a new prime minister.
Powers of Discretionary like the President and governor
Naturally such a step will be taken by the governor in his own discretion. Late justice Mahajan correctly opined that there are no constitutional fetters on the discretion of the Governor enabling him to enjoy the same powers in the appointment of the Chief Minister as the President has in the appointment of the Prime Minister. In 2006, the President of India then Dr. However, the Governor has wider Discretionary powers provided explicitly in the constitution. Here the role of the judiciary begins and the Governors have been given valuable guidelines many times by the judiciary. In legal terms, Discretionary powers are the powers to exercise discretion over which the court cannot intervene. Later on, Kalyan Singh who was once rejected by the Governor became the CM of the state.
However, the consistent exercise of these authorities may compromise the values of the constitution. Over 500,000 candidates apply each year and compete for less than a thousand seats. The Governor is the constitutional head of the state, as well as functions as an important link between the Union Government and the State Government. President summoned the Governor and asked him to explain the decision. The order of preference given under this report is as follows: It is a well-accepted principle that in a parliamentary form of democracy such as ours the powers of the Governor must not be enlarged at the expense of the real executive i. Hence, it advises the Governor to prorogue the Assembly to save itself from the censure motion, at its hands.
Discretionary power of President and Governor Upsc
In the latter case, despite the fact that the Leader of the Opposition claimed a majority in the Assembly, the Governor did not call upon him to form a ministry. Chelliah Commission 2002 that article 356 must be used sparingly and as a remedy of the last resort after exhausting all actions under article 256, 257 and 355. The governor is responsible for determining the amount of royalty to be paid. In such a situation, Governor exercises his discretion. This happened after Fourth general elections in many States. A single individual can be named Governor of two or more states.
Constitutional Discretion Of Governor: UPSC Polity Notes
It also describes unsuccessful attempts to codify convention in Canada in 1978 and Australia in 1985. Out of 41, 5 were independents. In seeking ~h information he will exercise his discretion. The Discretionary Powers of the Governor can be offered in two major ways. Reason R : The President of India can disallow a Bill passed by a State Legislature or return it for reconsideration. And the Governor is the only person on the spot who can take stock of the situation and initiate appropriate action including the dismissal of the ministry.
The Court also noted that the elected members did not receive oath even though a month has passed since the election results were declared. The governor has more discretionary powers. There was no government in the state for this period, as neither the state government nor the central government existed. It was a concealed reproof of the Governor for misuse of discretionary power. In a number of cases these discretionary powers of the Governor have clearly gone against the constitutionally mandated neutral seat considering the cases where former bureaucrats or politicians with a particular political ideology get the Governors chair by the government. He felt that neither of them would be able to minster the strength of 122 out of 243. The Ministry in power would generally not like to advise.
This begs an answer One of the issues which may arise is whether or not the discretion of the Governor can be judicially reviewed by the Supreme Court. Nandini Satpathy, Chief Minister of Orissa on March 1, 1973 on account of 26 legislators leaving her party, the Governor did not give an opportunity to Biju Patnaik to form the government though he claimed majority of his Pragati Party and claimed that 72 out of 140 members of the Assembly constituted the membership of his Party. For example, Dharma Vira, governor of West Bengal dismissed the Council of Ministers led by Ajoy Mukerjee on the plea that only that Ministry had the right to continue which enjoyed the majority in the Legislature. With such a large population, India is susceptible to many problems. Now the President decides whom to appoint as the Prime Minister.
Floor Test: A Check on Discretionary Power of Governor
The Prime Minister is Obliged to furnish all the details that the President of India may ask for. Other powers: He receives the reports of the Auditor General, the State Public Service Commission etc. He has the absolute and exclusive power to appoint the Chief Minister. Later the elections in the state were held in May, 2008. The Governor could dismiss a ministry after it loses the support of the house using the discretionary power or could advice the President to impose emergency in a case when he realizes that the Government cannot be carried on according to the Constitution, he has the power of reservation of a bill for the consideration of the President, though there are certain situations where the bill could be reserved but still this is one discretionary power of the Governor. Aspirants can improve their preparation by participating in live coaching sessions, current affairs sessions, and taking tests available on our Testbook App.
