What are the discretionary powers of President of India?

Veto powers exercised by the President: A bill cannot become an act of the Indian Parliament until it receives the assent of the President of India. The president is at his discretion to give his assent, or withhold his assent or return the Bill to the House for reconsideration (except in case of a money bill).

What are discretionary powers?

Discretionary power means the authority, which provides an administrative agency or official with some degree of latitude in regard to choosing the most reasonable decision among several decisions in compliance with public and private interests.

Which are the powers of President of India?

The president is the Supreme Commander of the Indian Armed Forces. The president can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the president's name.

What is discretionary power of president?

The President has discretionary power when he exercises suspensive veto ie. when he returns a bill (not money bill) for reconsideration of the parliament.

What are the 7 powers of the president?

DISCRETIONARY POWERS OF PRESIDENT

Is ordinance a discretionary power of president?

The power of ordinance promulgation cannot be considered a substitute for the President's legislative power. President's power to roll out ordinance is justiciable in case intentions are proved mala fide. Ordinances can only be made on the subjects where the Indian Parliament is allowed to make laws.

Why do we have discretionary powers?

A discretionary power can be given to a certain state authority solely on legal grounds that precisely determines the framework of this authorization. The state authorities through this kind of specific alternative behavior have an opportunity to rule out the public authority in one way or the other.

Why is discretionary power important?

Discretion is an important mechanism for exercising power within the public sector on account of fundamental changes in society. The demands that are being made on the state means that discretion, rather than rules may be better mechanism for exercising power.

What is difference between discretionary power and arbitrary power?

Answer. is that arbitrary is (usually|of a decision) based on individual discretion or judgment; not based on any objective distinction, perhaps even made at random while discretionary is available at one's discretion; able to be used as one chooses; left to or regulated by one's own discretion or judgment.

Who enjoys the discretionary power?

Discretionary powers to be carried out according to the discretion of the governor. The governors of India have similar powers and functions of the state level as those of the president of India at central level.

What do you mean by discretion?

Definition of discretion

1a : individual choice or judgment left the decision to his discretion. b : power of free decision or latitude of choice within certain legal bounds reached the age of discretion.

Who has the power to discretion?

Introduction. Judicial Discretion is one of the important powers of the judiciary where the judges can take decisions in some matter without following any fixed rule or established law. The concept of discretionary power is an instance which shows the independence of our judiciary.

What is official discretion?

Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.

What is abuse of discretionary power?

The abuse of discretion must be grave, which means either that the judicial or quasi-judicial power was exercised in an arbitrary or despotic manner by reason of passion or personal hostility, or that the respondent judge, tribunal or board evaded a positive duty, or virtually refused to perform the duty enjoined or to ...

What is the Article 124?

Article 124 deals with the Establishment and constitution of the Supreme Court. It states that there shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

What is the Article 143?

Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise.

Can Governor reject an ordinance?

The Governor can promulgate an ordinance only when he is satisfied with the fact that it is necessary for him to take an immediate action upon a specific issue. He can promulgate or withdraw any ordinance only on the advice of the Prime Minister and the Council of Ministers.

What is discretionary power in administrative law?

The term "discretionary power" means a power which leaves an administrative authority some degree of latitude as regards the decision to be taken, enabling it to choose from among several legally admissible decisions the one which it finds to be the most appropriate.

What are examples of discretion?

Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. An example of discretion is the ability of a juror to determine a verdict. An example of discretion is not talking about politics at family dinners.

What is the role of discretion?

Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense.

What is meant by discretionary jurisdiction?

Discretionary jurisdiction is a circumstance where a court has the power to decide whether to hear a particular case brought before it.

Which of the following is the basic features of discretion?

The broad characteristics of discretion cover the following key aspects: Discretion embodies some leeway or freedom to independently judge or act. Administrative use of discretion also assumes possession of some wisdom and ability to carefully make adjustments of one's actions as circumstances dictate or require.

What is discretionary judgement?

The exercise of discretion and independent judgment implies that one has authority to make an independent choice, free from immediate direction or supervision. However, discretion and independent judgment can be exercised even if the decision or recommendation is reviewed at a higher level.

How do you use discretionary?

How is discretion a necessity for leaders?

The new generation of leaders are required to extensively exercise discretion to address the issues they face. In practice, discretionary leadership means that the leader shapes the role and determines its more intricate nature. Discretionary roles vary according to the degrees of freedom they offer their incumbents.