Discretionary power of president. What are the discretionary powers of the President in India? 2023-01-05
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The discretionary power of the president refers to the authority and discretion that the president has to make decisions and take actions on various issues within their jurisdiction. This power is not explicitly defined in the Constitution, but it has been interpreted by the courts and established through practice and precedent.
One key aspect of the president's discretionary power is the ability to veto legislation passed by Congress. The president has the authority to reject a bill passed by Congress and send it back to them with a written explanation of their objections. Congress can override a presidential veto with a two-thirds majority vote in both the House of Representatives and the Senate, but this is a difficult threshold to reach and is often seen as a sign of significant disagreement between the branches of government.
Another important aspect of the president's discretionary power is the ability to issue executive orders, which are directives issued by the president that have the force of law. Executive orders can be used to direct federal agencies to take specific actions or to implement policies that the president believes are necessary to achieve their goals. Executive orders can be controversial, as they allow the president to bypass the normal legislative process and can be seen as an overreach of executive authority.
The president also has discretionary power in the realm of foreign affairs. The Constitution grants the president the authority to negotiate treaties and make appointments of ambassadors, consuls, and other public ministers, as well as to receive ambassadors and other public ministers. The president also has the power to recognize foreign governments and to use military force in certain situations, such as when the country is under attack or when the president determines that military action is necessary to protect national security interests.
In addition to these specific powers, the president also has a general discretion to take action on issues that fall within their jurisdiction as the head of the executive branch. This includes the ability to set priorities and allocate resources, as well as to make decisions about how to implement laws and policies.
Overall, the discretionary power of the president is an important aspect of the separation of powers system established by the Constitution. It allows the president to play a central role in shaping the direction of the country and responding to changing circumstances, but it also requires the president to be accountable for their actions and to act within the limits of their authority.
Discretionary power of President and Governor Upsc
This is done when the President feels that the advice has some flaws or legal lacunae or thinks that their advice might not good for the best interest of the country. In India, the President and governor are given these discretionary powers to select legislative or state assembly members, among other things. Dissolution of Lok Sabha: When a Council of Ministers loses majority in the Lok Sabha, it is the discretion of the President to decide if the house should be dissolved or not. But there is no mention in the Constitution of India about the time limit within which the President must send the bill back for reconsideration. The correct answer is Summon and dissolve Parliament Sessions. Discretion is an important mechanism for exercising power within the public sector on account of fundamental changes in society. If president is given real executive role in government, then it will become authoritative and contradicts Democratic nature of Indian nation.
Appointment of the Prime Minister When a Prime Minister dies unexpectedly, and there is no one to take his position, the President is responsible for selecting and appointing the new Prime Minister. Discretionary Powers of the Indian President. Legally, it is the power to exercise a discretion with which the courts cannot interfere. What are the discretionary powers of the President in India? If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense.
Hence, discretionary powers play an essential role in maintaining the country in the worst situations. For example, in our country, discretionary powers are granted to the President and governor to act as they see fit on specific topics, and these powers are granted to them through delegation. The President can summon and dissolve parliament sessions. The president at this time is at his discretion to take charge. What are Discretionary Powers? However if upon reconsideration the Parliament passes the bill again with or without any amendments by a simple majority, it is obligatory upon the President to promulgate the law. Usually, the leader of the majority in Lok Sabha is appointed as Prime Minister. Appoints the chief minister Suppose no party receives a majority of votes in the state legislative Assembly or fails to elect a leader.
Powers of Discretionary like the President and governor
By convention, the leader of the largest single party is called upon to form the government or the leader of the largest coalition is called upon by the President. Introduction The President of India is the head of the state and first citizen of the country. What does discretionary power mean? If he acts on the advice of the COM, then why is it so that the joint sitting has been invoked only thrice since independence? By the virtue of this power, he may keep a check on hasty legislation. Veto Powers Exercised by the President Until the President of India gives his assent permission , a bill cannot become an act of the Indian Parliament. There were some reasons why discretionary powers are given despite administrative powers. A discretionary power can be given to a certain state authority solely on legal grounds that precisely determines the framework of this authorization. Discretion in appointing the Prime Minister When the Prime Minister in office dies suddenly, and there is no clear successor to replace him for the post, it comes up to the matter of exercising of individual judgement by the President in selection and appointment of the next Prime Minister.
What are the Discretionary Powers of the President of India?
. Who enjoys the discretionary power? In simple words, discretion is the power given to the authorities to decide on their own. The President of India has certain discretionary powers which he can exercise without the approval of the Executive Council of Ministers. Discretionary powers of a governor Though the governor does not have many administrative powers, it does have some discretionary powers that should be investigated. Though the President does not have many administrative powers, the President must agree in some cases, such as before a bill becomes an act.
A discretionary power must in general, shall be exercised by the authority to whom it has been committed. Note: The President can dissolve Lok Sabha only on the advice of CoM but the advice is binding only if the government is a majority government. Moreover, the President is also in charge of making the day-to-day decisions. The President appoints our State governors, Supreme Court and High Court Judges, and the Chief Justice. Although this dissolution is done according to the advice of the Council of Ministers it is binding only if the government is a majority government.
What are the discretionary powers of President of India?
The President assumes the true responsibility as the Head of the State with the exercise of his discretionary powers. Professor Harold Laski has defined discretionary power as that authority of the executive « whether in matters of sub- stance or of procedure or both, which it is free to exercise as it thinks fit ». In such situation the President has to use his own discretion in who has the support of majority or who can run the government. Odisha Civil Services New Notification Out on 30th December 2022! All important decisions regarding the country are taken in the name of Indian President, though most of these will be based on the binding advice given by Council of Ministers CoM , as per Article 74 of Indian Constitution. The President is in charge of making day-to-day decisions. The leader of the largest single party or the leader of the largest coalition is called upon to form the government. Formally, the President appoints the Prime Minister.
With such a large population, India is susceptible to many problems. The president wields a major responsibility in taking important administrative decisions in the governance of a caretaker government. Hung Parliament: When no political party or a coalition of parties assumes a majority in the Lok Sabha post general elections, it leads to a hung parliament. Discretionary power can be defined as the authority that allows an administrative agency or official to choose the most reasonable decision among several options following public and private interests. The President shall be assisted and advised by a Council of Ministers, led by the Prime Minister.
[Solved] Which is not the discretionary power of the President of Ind
Judicial Discretion is one of the important powers of the judiciary where the judges can take decisions in some matter without following any fixed rule or established law. He can promulgate or withdraw any ordinance only on the advice of the Prime Minister and the Council of Ministers. Discretion while selecting prime minister When an incumbent Prime Minister dies unexpectedly, and there is no successor to take his place, the President must take charge of the selection and appointment of the next Prime Minister. What is abuse of discretionary power? Thus, it is not expected to take major policy decisions. An example of discretion is the ability of a juror to determine a verdict. This provision allows the President to send the bill back to the two houses to be reconsidered, but there is no specific time frame within which the President must take an action.
