Explain the discretionary powers of the president. (detail)
Answers
The discretionary powers of the Indian president are not explicitly mentioned in the Indian constitution. But cases, where the Indian President do not act on the advice of CoM, can be understood if one carefully read the provisions related to the Indian President.
The cases of discretionary powers are as below:
#1: Suspensive Veto:
The President has discretionary power when he exercises suspensive veto ie. when he returns a bill (not money bill) for reconsideration of the parliament.
However if the bill is passed again by the Parliament with or without amendments and presented again to the President, it is obligatory for him to give his assent to the bill.
#2: Pocket Veto:
This is not a provision mentioned in the Indian constitution, but this is a possible situation when the President of India can use his discretionary power. In this case, the President neither ratifies nor reject nor return the bill, but simply keeps the bill pending for an indefinite period.
As the time limit within which the President has to take the decision with respect to a bill presented to him for assent, has not been mentioned in the constitution, in effect the inaction of the President stops the bill from becoming an act.
#3: President can seek information from Prime Minister:
Under article 78 the President enjoys the right to seek information from the PM regarding the administration of the affairs of the union.
Under the established convention, the President has the right to warn or encourage the Council of Minister (CoM) in the exercise of its power.
#4: Case of no sitting of both houses:
Under Article 85, the President can summon each House of Parliament to meet at such time and place as he thinks fit, to ensure that six months shall not intervene between its last sitting in one session and the date appointed for its sitting in the next session.
#5: Case of no majority:
When no political party or coalition of parties enjoy the majority in Lok Sabha, then the President has discretion in inviting the leader of that party or coalition of parties who in his opinion is able to form a stable government.
#6: Case of no-confidence with CoM- dissolving Loksabha:
It is for the president to decide if he should dissolve Loksabha or not when CoM loses the majority in Lok Sabha.
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.
#7: Case of no-confidence with CoM- dissolving CoM:
It is for the president to decide if he should dissolve CoM or not when CoM loses the majority in Lok Sabha.
#8: Case of a caretaker government
A caretaker government does not enjoy the confidence of Lok Sabha and hence it is not expected to take major decisions but only to make the day-to-day administrative decisions. It is for the President to decide the day-to-day decisions.
Answer:
Discretionary powers of the President: Not based on the advice of CoM. The discretionary powers of the Indian president are not explicitly mentioned in the Indian constitution. ... The President has discretionary power when he exercises suspensive veto ie.