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28 Eki 2022 ... Solution For Discretionary powers of the President From the above discussion, we may conclude that the President is a ceremonial head.Though the President cannot exercise his executive power without aid and advice from the Council of Ministers, the post carries vast legislative and administrative powers, including some discretionary …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 ...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 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 question expects us to highlight the Discretionary powers of the president and the governor and examine the extent of both, whether they can be compared and whether one enjoys more discretion than the other. Directive word. Discuss – This is an all-encompassing directive – you have to debate on paper by going through 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 ...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 ...Discretionary Powers Pocket Veto. The proviso to this article allows the President to send back the bill for reconsideration but obliges him... Suspensive Veto. The President of India uses Suspensive Veto when he sends the bill back to the Parliament for its... Discretion in the case of Hung ...In India the powers of the Union government are treated as the powers of the President because these powers are used in his name in pursuance of the constitutional stipulation under Article 53 which reads: The executive powers of the Union shall be vested in the President and shall be exercised by him either directly or through the officers ...We would like to show you a description here but the site won’t allow us.Oct 18, 2023 · 1, 3 and 4. 2, 3 and 4. Answer: Option A. Question: Assertion (A): Reservation of a State Bill for the assent of the President is a discretionary power of the Governor. Reason (R): The President of India can disallow a Bill passed by a State Legislature or return it for reconsideration. Codes: 4 Eyl 2014 ... "To contend that the obligation imposed on the President to see the laws faithfully executed implies a power to forbid their execution," the ...Discretionary powers of the President Main article: Powers of the President of Singapore The President has discretionary power to veto certain executive decisions pertaining primarily to three areas: fiscal management, ensuring meritocracy in a corruption-free civil service , and guardianship over civil liberties where judicial review has been ...The article deals with the Powers and the Position of the Governor as per the constitutional provisions. Appointment and Qualification of the Governor. The Governor is generally appointed by the President of the Nation under Article 155 of Indian Constitution. The governor shall be appointed by the President under his seal and warrant.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. Discretionary power of President. Though the President follows the prime minister’s advice and ministerial councils, it does have some discretionary powers within …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.️📚👉 Watch Full Free Course: https://www.magnetbrains.com ️📚👉 Get Any Class & Subject's Topic Video Here:- https://www.magnetbrains.com/get-topic-wise ...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.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.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. 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 …2 Nis 2018 ... Presidential Discretion by Debtoru Chatterjee, New Delhi: Oxford University Press, 2016; xxv + 313, ₹995.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 ...The 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 ...MLAs are involved in the Presidential election, but they have no role in President’s impeachment. President’s impeachment resolution requires a special majority of both houses of the parliament to pass. Powers of the President of India. The powers of the Indian President can be broadly classified under 8 headings. They are :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 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.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 ...The literature on unilateral president powers has focused on the influence of political conditions but as yet not fully directly considered the effect of delegated discretion (but for an exception see Chiou & Rothenberg, 2017; Howell, 2003; Stack, 2005, 2006).Jun 12, 2021 · Congress may also bestow upon him the exercise of wide discretionary powers within the framework of the laws passed by it. In 1933, for example, Congress vested the President with the discretionary power to reduce the gold contents of the dollar, to issue additional paper money, and to purchase silver as a partial currency. The President generally writes to the Prime Minister and expresses his views on matters confronting the country; Three situations in which the President can execute the powers using his or her own discretion: The President has the right to send back the advice given by the Council of Ministers and ask the Council to reconsider the decisionUnder Article 356 of the Indian Constitution, the Governor of a State can send a report to the President of India recommending imposition of President Rule in the State. This is a discretionary power being conferred upon Governor. Hence, 1 is correct. He appoints the Chief Minister (CM) and other ministers. They also hold office during his ...In 2010, the 18th Amendment restored parliamentary democracy and curbed the discretionary powers of the President, while devolving major powers to the provinces and abolishing the concurrent list. Abstract. In the light of the various in️📚👉 Watch Full Free Course: https://www.magnetbThe President/Governor can also revoke an Ordinance

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Discretionary power of president in points Web10 mar 2023 · Discretionary powers of the President: Not based on the advice of CoM #1: Suspensive Veto: #2: ...Discretionary power of President. Though the President follows the prime minister’s advice and ministerial councils, it does have some discretionary powers within …Some might object to this analysis on the ground that the nature of executive power allows the President more discretion than the nature of judicial power ...The President of India is also provided with some judicial powers which can be exercised by him by the authority given to him under Article 72 of the Constitution. Under article 72 the President has the power to give reprieves, pardons, respites, remission and commutation of sentence.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.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. 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 emergency(ii) When no party or coalition gets a majority in the Lok Sabha, the President exercises his other discretion. The President appoints a leader who, in her ...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.Mar 30, 2023 · Comparison Between President and Governor. Both the President and Governor have the status of Constitutional Heads as all executive decisions are taken in the name of President and Governor in Parliament and State legislature respectively, but there are certain differences with respect to discretionary power, Nominated members, Pardoning powers etc which need to be discussed 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.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 the governors ...Discretionary Powers of the into the Prime Minister’s shoes, the constitutional head must invite the leader Indian President to form the government. However, there are times when there is no clear-cut leader who happens to be the obvious prime ministerial candidate. In such a Venkataraman Ganesh case, Chatterjee argues that the consti ...The Discretionary Powers of the Indian President include Sending back the advice given by the Council of Ministers and asking them to reconsider a …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. Feb 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. The third category includes those powers in sections 84(2)(f)-(k). The Constitution does not expressly place any constraint upon the exercise of these powers. Instead, the powers are considered to be "discretionary powers of the President". 17 They include, in section 84(2)(f), the power to appoint commissions of inquiry. 18According to Article 356 of the Constitution, the President can impose President control in a state based on the governor's report. According to Article 164, the Governor chooses the Chief Minister and other Ministers, as well as the Advocate General for the State. However, discretionary powers do not include this.Article II, Section 2, Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the …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."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 …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 emergencyIn 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 ...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 Lok ...Abstract. In the light of the various influences, practical and normative, discussed in the preceding chapter, this chapter first considers whether any guidance can be suggested in the design of decision procedures; or, in other words, whether there is any right balance of discretion, of comprehensive planning with an emphasis on rules and standards, and incrementalism, with its emphasis on ...Sixth Schedule vests additional discretionary powers in Governors of Mizoram and Tripura in almost all their functions (except approving regulations for ...The president is granted this, and other discretionary powers, by Article II of the U.S. Constitution. Executive orders have the power of law , and so must be headed and obeyed, but their scope of ...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.Diplomatic Powers. Military Powers. Discretionary PowDiscretionary Powers of the President Constitutio

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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. 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 the exercise of the power of appointment.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 Pocket Veto. The proviso to this article allows the President to send back the bill for reconsideration but obliges him... Suspensive Veto. The President of India uses Suspensive Veto when he sends the bill back to the Parliament for its... Discretion in the case of Hung ...The President of India, is the ceremonial head of state of India and the commander-in-chief of the Indian Armed Forces. The primary duty of the president is to preserve, protect and defend the constitution and the law of India as made part of his oath (Article 60 of Indian constitution). The president is the common head of all independent ...The limitations are as follows: 1. The President cannot exercise his pardoning power independent of the Government and 2. The President’s pardoning power is not discretionary in nature. While exercising this power and deciding upon mercy pleas, he has to act on by seeking the advice of the Council of Ministers.Apr 9, 2021 · instruments of national power—including diplomacy, development, and economic ... What follows is a summary of the President’s discretionary funding request for 2022. It 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 ...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.Consumer Discretionary The shares are down sharply after the retailer reported its latest earnings. ELF reported an earnings beat as the business seems very resilient. These recently downgraded names are displaying both quantitative and tec...instruments of national power—including diplomacy, development, and economic ... What follows is a summary of the President’s discretionary funding request for 2022. ItMar 25, 2023 · 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. President of India can act on his discretion without the aid and advice of the ministers under the following situations: 1. Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister dies in office suddenly and there is no obvious successor. 2. Dismissal of the council of ministers when it ...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. "trees" in the President's monumental discretionary forest. The survey will not be confined to the limited and formal legal powers that the President has in criminal justice, although these will be highlighted. This analysis will take a broader view of presidential discretionary power which includes the in formal powers within the criminal ...Discretionary Powers Pocket Veto. The proviso to this article allows the President to send back the bill for reconsideration but obliges him... Suspensive Veto. The President of India uses Suspensive Veto when he sends the bill back to the Parliament for its... Discretion in the case of Hung ...Aug 7, 2019 · 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 ... Legislative powers of President. The President addresses the Sessions of the Parliament. The President has the power to address either House of Parliament at any time. He can … Powers of the federal bureaucracy to imp