History & Civics
Powers shall be exercised by the President in accordance with the advice of the Council of Ministers, but situations may arise when the President may use his discretion to act as he thinks right. In this context describe any four Discretionary powers of the President of India.
Answer
Four discretionary powers of the President of India are-
- The President may withhold assent to a Bill or may send it back for reconsideration, if it is not a Money Bill.
- The Constitution does not prescribe "any time-limit within which the President is to declare his assent or refusal or return the Bill for reconsideration." The President is at liberty to decide what is right or proper.
- A situation may arise when after a General Election, no party or no leader seems to enjoy majority support in the Lok Sabha. Under such circumstances the President shall have freedom to decide who should be appointed as Prime Minister.
- It may be that the Prime Minister has lost the Confidence of the Lok Sabha. Instead of submitting his resignation, the Prime Minister may ask for the dissolution of the House. In this situation the President is not bound to act on the advice of the Prime Minister. The President should explore the possibility of forming an alternative government at the Centre.
Related Questions
The President can issue Proclamation of National Emergency under certain circumstances. In this context explain the following:
(a) The three circumstances leading to the Proclamation of National Emergency
(b) Duration of such Proclamation
(c) Effect of such Proclamation on Centre-State relations (or Federal Provisions of the Constitution)
(d) Effect of such Proclamation on Fundamental Rights
With reference to Emergency in the event of failure of Constitutional Machinery in a State, answer the following questions:
(a) When is such an Emergency proclaimed?
(b) What is the Duration of the Emergency?
(c) What are the effects of the imposition of the President's Rule?
With reference to the Financial Emergency, explain the following:
(a) Circumstances surrounding the Proclamation of Financial Emergency
(b) Duration of such a Proclamation
(c) Consequences of Financial Emergency
The election of the Vice-President shall be indirect and not many functions are attached to the office of the Vice-President as such. In this context answer the following questions:
(a) Mr. K. Mohanty is not legally eligible for election as Vice-President, even though he -
- is a Citizen of India,
- has completed the age of thirty-two years, and
- is qualified for election as a Member of the Rajya Sabha.
In view of these facts mention why he is not eligible for election as Vice-President.
(b) What are the three main functions of the Vice-President as the Ex-officio Chairman of the Rajya Sabha?
(c) Mention any three situations when the Vice-President shall take over the Office of the President of India.
(d) What is the effect of Vice-President's 'Casting Vote' as Chairman of the Rajya Sabha?
Or
When can the Vice-President give a Casting Vote and what is the effect of such a vote?