What do you understand by the term ‘Discretionary Power’? Enumerate the discretionary powers of the President and the Governor.
Structure:
Introduction: Explain that our Constitution has envisaged the Governor and the President as nominal heads. However there are certain situations that are either mentioned in the Constitution or are void spaces in the law which allow for some discretion for the nominal heads.
Body: Simple enumerate the discretionary powers of Governor and President
Conclusion: Conclude that Governor has more discretionary powers than the President.
Content:
Introduction: Already mentioned
Body:
The Governor of state has the following discretionary powers:
Leader of the party with majority is a appointed as the Chief Minister. But in situation where no party gets absolute majority, the Governor exercises his discretionary powers in appointing the Chief Minister.
Dismissal of a Ministry: A minister holds offices during the pleasure of the Governor. When the ministry losses support of the house, the governor will dismiss the ministry. But he cannot dismiss it unitl it losses majority support.
Advising the President for proclamation of Emergency: The Governor advises the President to proclaim emergency when he is satisfied that the Government cannot carried on in accordance with the provisions of the constitution, under Article 356.
Reservation of a bill for the consideration of the President: However, situation are mentioned in Article 200, when he will reserve the bill, yet he can use, discretion regarding this matter.
Dissolution of Legislative Assembly: The Governor summons, prorogues and dissolves the Legislative Assembly, according to article 174. When the ministry loses the majority and the Governor is satisfied he may dissolve the House.
The President can act on his discretion (that is, without the advice of the ministers) under the following situations:
Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.
Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
Dissolution of the Lok Sabha if the council of ministers has lost its majority.
