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 ... 1. The President can direct that any matter on which decision has been taken by a Minister should be placed before the... 2. The President has the right to address and send messages to either House of the Parliament. 3. All decisions of the Council of Ministers relating to the administration of the ... 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.grant any discretionary powers to the President of India, especially after the 42nd and 44th Amendments (1976 and 1978). The president is expressly required byDiscretion is the power or right to make official decisions using reason and judgment to choose from among acceptable alternatives. Legislatures, the president and the governors of the various states, trial and appellate judges, and administrative agencies are among the public officers and offices charged with making discretionary decisions in ...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.Discretionary Powers. Discretionary powers exercised by administrative and legal authorities are permissive, and not binding. These powers are granted to these officials by statute or delegation. Discretionary powers do not impose an obligation on a decision-maker to exercise them or to exercise them in a particular manner.... discretionary powers which acts of Congress at any particular time confer ... Three principal questions arise: first, how does the President exercise the powers ...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 ...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. 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 …Now let us move to powers of the President. These powers are divided between executive, legislative, financial, judicial powers. Also President enjoys some discretionary powers too, we will take care of all this one by one let us begin with Executive Powers of the President. Executive Powers of the PresidentThe President, in order to respect the rule of law in exercising prosecutorial discretion, must make sure that discretionary decisions to apply enforcement priorities are uniform, predictable, and nondiscriminatory. One permissible approach is to adopt prosecutorial discretion guidelines, as the Obama administration did in 2011.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 ...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 …The cases of discretionary powers are as below : Suspensive Veto: The President has discretionary power when he exercises suspensive veto i.e. when he …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 …Diplomatic Powers. Military Powers. Discretionary Powers. Judicial Powers. Conclusion. FAQs. MCQs. Powers And Functions Of The President - Constitutional Provisions.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 ...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 ... 2 Nis 2018 ... Presidential Discretion by Debtoru Chatterjee, New Delhi: Oxford University Press, 2016; xxv + 313, ₹995.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 …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 ...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:Oct 31, 2022 · Under 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 ... Article 356 of the Constitution of India, which deals with presidential discretionary powers of emergency, has long been the favored topic of political debate - and, at times, the cause of much ire - within the legal intellectual community in India. This paper examines the rationale behind the invocation of this Article by almost every ...Pardoning Power [Article 72 of the Constitution of India, 1949] 7. Military Powers of President of India. 8. Emergency Powers [Part XVIII, Articles 352-360 of the Constitution] 1. Emergency on account of war, external aggression or armed rebellion. (Article 352) 2.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 …Discretionary Powers of the President and Governors in India in Constitution and Practice. A reading of the text of Indian Constitution indicates that it does not explicitly grant any …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 ...701 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 to the courts the Chief Executive’s ... Discretionary Powers. Following is a detailed list of discretionary powers that the President may exercise: Pocket Veto. According to Article 111 of the …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 …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.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).12/09/2016. Hardback. 340 pages. View larger. Debtoru Chatterjee. This book examines the scope and limitations of the discretionary powers of a president through various examples from India, Britain, and the Commonwealth. It draws on biographical material of Indian presidents and British sovereigns to explain how they tackled diverse political ...A non-executive president may, nevertheless, possess and exercise some discretionary powers of extraordinary political intervention as a constitutional arbiter ...The President, however, does not quite enjoy impunity in the exercise of his powers, as Article 12 provides for impeachment following an investigation into “stated misconduct” by the Houses of the Oireachtas. Non-discretionary powers. According to Article 13, presidential powers must be exercised “on the advice of the Government” unless ...May 12, 2022 · Under Article 72 of the Constitution, the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence where the sentence is a sentence of death. The President cannot exercise his power of pardon independent of the government. Some constitutional theorists defend unbounded executive power to respond to emergencies or expansive discretionary powers to complete statutory directives.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.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.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 emergencyWe would like to show you a description here but the site won’t allow us.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.️📚👉 Watch Full Free Course: https://www.magnetbrains.com ️📚👉 Get Any Class & Subject's Topic Video Here:- https://www.magnetbrains.com/get-topic-wise ...Pardoning Power of the President in the USA: The President of the USA has the constitutional right to pardon or commute sentences related to federal crimes. 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 ...president's recognition power 269 principal authority to formulate and conduct American foreign policy in the treaty making power,13 there was no reason to view the reception clause as a source of discretionary authority for the president. Recognition at International Law On the eve of the Constitutional Convention, a settled understandingThe 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.28 Eki 2022 ... Solution For Discretionary powers of the President From the above discussion, we may conclude that the President is a ceremonial head.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.grant any discretionary powers to the President of India, especially after the 42nd and 44th Amendments (1976 and 1978). The president is expressly required by1. 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.e. In India, a governor is the constitutional head of a state of India that has similar powers and functions at the state level as those of the president of India at the central level. Governors exist in the states, while lieutenant governors and administrators exist in union territories of Delhi [1] and Puducherry [2] and other union territories.Aug 26, 2014 · The President, in order to respect the rule of law in exercising prosecutorial discretion, must make sure that discretionary decisions to apply enforcement priorities are uniform, predictable, and nondiscriminatory. One permissible approach is to adopt prosecutorial discretion guidelines, as the Obama administration did in 2011. Agency: A government department, division, or organization responsible for implementing specific policies and regulations. Discretionary Authority: The power given to an agency to make decisions about the implementation of existing laws, using its discretion and judgment. Rule-making Authority: The power of an agency to create rules and ...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: ...The discretionary powers of the governor have made him the lynchpin of constitutional democracy in the States. If any question arises whether any matter is a matter on which the Governor can use discretionary power, the decision of the Governor is final. ... He can make such a report to the President purely on his discretion. The report made by ...Feb 8, 2023 · Agency: A government department, division, or organization responsible for implementing specific policies and regulations. Discretionary Authority: The power given to an agency to make decisions about the implementation of existing laws, using its discretion and judgment. Rule-making Authority: The power of an agency to create rules and ... 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, meaningSep 29, 2019 · 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 pardon. Question 2. Congress checks the president’s power by overriding presidential vetoes, controlling the funding of the president’s actions, approving treaties, approving presidential appointments and having the power to impeach the president.Mar 29, 2023. Discretionary Powers of governor means an authority bestowed on the governor to choose the most reasonable decision among various alternatives. The …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 …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 ...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, …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, meaningThe different types of pardoning power under Article 72 are: Pardon: Pardoning power of President is an act of grace that exempts the convicted person from the punishment altogether, and it also removes all the legal consequences of the offence. Commutation: Commutation is the act of substituting a less severe punishment for a more severe one.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.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 ...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 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 …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 President, in order to respect the rule of law in exercising prosecutorial discretion, must make sure that discretionary decisions to apply enforcement priorities are uniform, predictable, and nondiscriminatory. One permissible approach is to adopt prosecutorial discretion guidelines, as the Obama administration did in 2011.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. 1. The President can direct that any matter on which decision has been taken by a Minister should be placed before the... 2. The President has the right to address and send messages to either House of the Parliament. 3. All decisions of the Council of Ministers relating to the administration of the ... Discretionary power of President A country, particularly one as large as India, can face many issues. With such a larg, The President, in order to respect the rule of law in exerci, ... President of Ukraine of April 24, 1998. However, the term “discretion (discretionary powers)” became publ, President: Under Article 52 of the Indian Constitution the Indian President is the head of the state. He is the first c, 8 mins. Discretionary Powers of the President. 5 mins. Introduction to Emergency Provisions and E, Solution. Verified by Toppr. When a party or coalition of parties gets a clear majority in the elections, the Pre, The different types of pardoning power under Article 72 are: Pardon: Pardoning power of, Discretionary Powers of the President Constitutional, Discretionary Powers. Following is a detailed list of discretionary po, That is why the governor has got a few discretionary powers. Some , Emergency powers/President’s Rule. The President can dec, Discretionary Powers of the President and Governors , Discretionary power of President A country, particularly , Discretionary power of President. Though the President f, Discretionary Powers of the President • Constitutionally, the Presi, Discretionary powers of the President: Not based on the advi, The expressed powers of the president are those powers specific, We would like to show you a description here but the site won’t al.