Discretionary powers of the president of india a critical analysis
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Answer:
Powers exercised on the advice of CoM (non-discretionary powers) President of India is vested with Legislative, Executive and Judicial powers. ... The President appoints our State governors, Supreme Court and High Court Judges, and the Chief Justice. The President can summon and dissolve parliament sessions.
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Answer: The President of India acts on the aid and advice of the council of ministers under article 74 of the Indian Constitution bt under certain cases he acts on discreation which are as follows:
1. Appointment of the Prime Minister from among the contendes when no single party attains majority after the Lok Sabha elections. This happened in 1989, when the President Venkataraman appointed V. P. Singh as the PM. Then again in 1991 he appointed P. V. Narsimha Rao, the leader of the largest minority party as the PM.
2. When a council of ministers is voted out and after resigning advises the President to dissolve the Lok Sabha and hold fresh elections or resigns and advises so without being voted out, the President can exercise his discreation.
3. While exercising Pocket Veto.
4. He can disqualify members of the legislature when the councils advice is not taken.
5. He can return the bills passed by both the houses of Parliament once for reconsideration.
6. He can also return the advice of COM once for reconsideration.
7. There are certain bills that require prior recommendation of the President before their introduction in the Parliament, i.e.,
a) Under artcle 3 of the Indian Constitution.
b) Under article 110, in case of a Money Bill.
c) A Finance Bill of Category 1 under article 110 containing other provisions.
d) A Finance Bill of Category 2 under article 110 which seeks to draw from the Consolidated Fund of India.
e) The legislations under article 31A.
f) Any legislation involving items of taxation in which the states are interested or any legislation that seeks to redefine agricultural income, etc.
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