2. discretionary powers of the president and the governor -- group ii

discretionary powers of the president of india and the governor of various states

1. DISCRETIONARY POWERS OF THE PESID ENT (OF INDIA) AND THE GOVERNOR (OF WEST BENGAL).

2. PRESENTED BY: JOYEETA DAS - 012. SECTION – A, B.A. Semester- 1, English Department, School of Social Science.

3. President … The word  president  is derived from the  Latin   prae -  "before" +  sedere  "to sit." As such, it originally designated the officer who presides over or "sits before" a gathering and ensures that debate is conducted according to the  rules of order . In politics,  president  is a  title  given to leaders of  republican   states . In the modern world, it is a common title for the  head of state  in most republics. The functions exercised by a president vary according to the form of government. In  parliamentary  and  semi-presidential  republics, they are limited to those of the head of state, and are thus largely ceremonial. In  presidential republics , the role of the president is more prominent, encompassing also (in most cases) the functions of the  head of government . In authoritarian regimes, a  dictator  or leader of a  one-party state  may also be called a president , often charismatically.

4. 14 th President of India … Ram Nath Kovind  (born 1 October 1945) is an Indian politician who is the  President of India , in office since 2017. Previously he served as  Governor of Bihar  from 2015 to 2017 and was a  Member of Parliament, Rajya Sabha  from 1994 to 2006. He was a leader of the  Bharatiya Janata Party  (BJP). Kovind was nominated as a presidential candidate by the ruling  NDA  coalition and won the  2017 presidential elections , becoming the second  Dalit  to be elected to the post of President. He assumed office on 25 July 2017. Before entering politics, he was a lawyer for 16 years and had practiced in the  Delhi High Court  and the  Supreme Court  until 1993.

5. Governor … A   governor , in most cases, is a public official with the power to govern the executive branch of a non-sovereign or sub-national level of government, ranking under the head of state. In federations,  governor  may be the title of a politician who governs a constituent state and may be either appointed or elected. The adjective pertaining to a governor is  gubernatorial , from the Latin root  gubernare . The historical female form is  governess , though female officials are referred to by the gender-neutral form governor (without the gender specific suffix) of the noun to avoid confusion with  other meanings  of the term.

6. 27 th Governor of West Bengal … Keshari Nath Tripathi  ( born 10 November 1934) is an Indian politician and the present Governor of West Bengal. He took oath as   Governor of West Bengal  on 24 July 2014 and as  Governor of Bihar   on 27 November, same year.  He was sworn in as the   Governor of Mizoram   on 4 April 2015.  He is a Veteran BJP leader. Earlier, he was the speaker of   Uttar Pradesh   legislative assembly and the president of Uttar Pradesh unit of  Bharatiya Janata Party .

7. Discretionary  comes from the word discretion, which can be used to mean “ the right to decide something based on one's own judgment .” If you're given a task to complete at your discretion, you can decide how you want to do it — or whether you want to do it at all. Meaning :

8. Discretionary Powers of The President … There are Provisions of many Discretionary  power of the President in Indian constitution , but exercising most of these are warranted by Council of Ministers that is, Prime Minister, so there is very little room for President of India to act in his discretion in day to day business of the government, Still he can use his discretion in the following matters: Sending the bill passed by both houses for reconsideration (Excluding Money Bill and Constitutional Amendment Bill). Vetoing the bill - Withholding the bill. Vetoing on State Legislatures' bill which are recommended by Governor of the state for Presidential Consideration.

9. Under Article 74, president can send the advice of the council of ministers for reconsideration. Under Article 78,the prime minister shall inform the president about the affairs of the administration of the country and the intended legislation to be passed. Under Article 78(C)the president may refer an individual decision of a minister for collective consideration of council of ministers so as to fulfill the collective responsibility of the council of ministers to Lok Sabha as given under Article 75 (3). Under Article 85 the houses of the parliament shall be convened in such a way that there should not be more than six months lapse between two sessions of parliament. Continued…

10. Discretionary Powers of The Governor … The Governor is the Constitutional head of the State. According to the Constitution, the decision of the Governor is final and the validity of anything done by him as a matter of his discretion cannot be questioned. State Governor has constitutional discretion in the following cases: Selection of a Chief Minister. Dismissal of the Ministry. Dissolution of the Legislative Assembly.

11. Advising the President for the Proclamation of the Emergency. Asking the Chief Minister to Place a Matter for the Consideration of the Council of Ministers. Seeking Information from Chief Minister. Reserve Bill for Consideration of the President. Continued…

12. Appointing the New Prime Minister in case of death of the Prime Minister in office or in case of hung Parliament. With holding the Promulgation of the Ordinance if he is of the feeling that the ordinance is of bad faith or affecting the national interest. When he seeks advice from the Supreme court, and after the advice tendered he can act upon his discretion. When Prime Minister or any Minister loses the 'No Confidence Motion', its up to his discretion to dissolve the Lower house or to look in to the alternative government farming while life of Lok Sabha is intact. Continued…

13. conclusion There by coming to the end of the presentation, I would like to conclude by saying, it is fascinating to know that the Discretionary powers of the President are mentioned explicitly in the constitution, while the same is not mentioned explicitly for the Governor. It is well understood from the provisions. Moreover, the Governor of a State has more discretionary powers than the President of India. He is not bound to act on the advice of the Council of Ministers. The President shall act in accordance with the advice of Council of Ministers with the Prime Minister at the head.

14. references Discretionary Powers research work ‘https://administrativelaw.uslegal.com/administrative-agencies/discretionary-powers/’ 1978 (accessed on September 12 ,2017). Referencing style ‘http://guides.library.uwa.edu.au/c.php?g=325241&p=2178602’ (accessed on September 12 ,2017). Discretionary facts provision ‘http://www.civilsdaily.com/blog/indian-polity-powers-of-president-and-governor/’ (accessed on September 12 ,2017). Governor ‘http://shodhganga.inflibnet.ac.in/bitstream/10603/3695/7/07_chapter%201.pdf’ (accessed on September 12 ,2017). Oxford style of referencing ‘http://www.lib.uoguelph.ca/get-assistance/writing/specific-types-papers/writing-literature-review’ (accessed on September 12 ,2017). Example text ‘http://guides.library.uwa.edu.au/c.php?g=325241&p=2177481’ (accessed on September 12 ,2017).

15. Powers and functions of President of India ‘https://www.google.co.in/searcher=1C1CHZL_enIN760IN760&q=+objectives+of+discretionary+powers+of+the+president+of+india+&oq=+objectives+of+discretionary+powers+of+the+president+of+india+&gs_l=psy-ab.3...3938.13488.0.14275.34.29.0.0.0.0.481.5105.0j10j5j5j1.21.0....0...1.1.64.psy-ab..16.9.2328...0j35i39k1j0i22i30k1j0i7i30k1j0i13i30k1.PBCBXhJ4F2I’ (accessed on September 12 ,2017). Discretionary powers of President of India ‘https://www.quora.com/What-are-the-discretionary-powers-of-the-President-of-India’ (accessed on September 12 ,2017). Powers and functions of Governor of India ‘http://www.importantindia.com/11839/powers-and-functions-of-governor-in- india /’ (accessed on September 12 ,2017). Powers and functions of Governor ‘http://www.importantindia.com/12229/powers-and-position-of-governor-of-India/’ (accessed on September 12 ,2017). Who is more powerful ‘https://www.lawteacher.net/free-law-essays/administrative-law/the-delegation-of-discretionary-powers-administrative-law-essay.php’ (accessed on September 12 ,2017).

16. …THA NK YOU…