Functions performed by a cantonment board are similar to that of a municipality and are classified as obligatory and discretionary functions. Political obligation thus refers to the moral duty of citizens to obey the laws of their state. To determine whether this power of the President was justiciable. (c) Emergency powers of the President (d) President's power to send advisory messages to the Parliament. Article 72 of the Indian Constitution mentions the Pardoning Power of the President of India. Q 2. To determine the extent of the discretionary power of the President vide Article 356 of C.O.I. The governor can issue ordinance only when two conditions are fulfilled ; (a) the governor can only issue ordinances when the legislative assembly of a state both houses in session or where there are two houses in a state both houses are not in session. The problem with this model was it gave discretionary power to the government authorities to control the investment decisions of private industries which results in trade barriers and diplomatic . ClearIAS has prepared a lot of free online resources to supplement your Indian polity preparation. We are here for you to provide the important Recent and Latest Current Affairs 13 March 2021, which have unique updates of Latest Current Affairs 2021 events from all newspapers such as The Hindu, The Economic Times, PIB, Times of India, PTI, Indian Express, Business Standard and all Government official websites. This article will provide a detailed discussion about the hierarchical structure of these courts along with the area of . Discretionary Powers of the President: Critical Analysis The role of the president in Indian polity as a figurehead is reflected in his indirect election. This, too, is a discretionary power and not a right of the appellant. Read about the types of Pardoning Power of the President - Pardon, Reprieve, Remit, Respite and Commute for IAS Exam. (A) Both A and R are true and R is the correct explanation of A Read about the types of Pardoning Power of the President - Pardon, Reprieve, Remit, Respite and Commute for IAS Exam. Answer (1 of 6): Article 136 is the special leave petition, under which an agrieved party is entitled to approach the supreme court of india to appeal against the decision of either the lower court, or any other body, entitled to give some decision. While exercising his pardoning power, the President used his power reasonably, fairly, cautiously in appropriate cases because "the power of clemency nit unbridled." In case of Sher Singh v. (b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court. Dissolve the House of People. It is the discretionary power of a court to issue such writs. Which of the following are the discretionary powers given to the Governor of a State? Anatomy of the constitution answer key ANAT is a crossword puzzle answer. The pardoning power is discretionary power because power to grant pardon to accused or offender is depend upon the discretion of the President. In cases where an act or forbearance that is required by law is morally obligatory on independent grounds, political obligation simply gives the citizen an additional reason for acting accordingly. Academia.edu is a platform for academics to share research papers. The Kesavananda Bharati case was the culmination of a serious conflict between the judiciary and the government. Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases The Governor of the state is conferred with power to act at his own discretion. However, the Bill reconsidered by the Parliament becomes law in 14 days with or without the assents of the President. The President of India has the power to revoke or make any sort of changes in Article-370 by issuing a public notification and the entirety of this article can be abrogated under article 370 (3), but for all of this purpose recommendation of the constituent assembly was made to be The Vice-President of the board is elected by the elected members from amongst themselves for a term of five years. Summary: The Legislative Powers of the Indian President are: Summon and prorogue the Parliament. Q10. YouTube. In 132- 134 the appeal can be lie before the supreme court against the high court final orders, judgements or decree in the matter of civil or criminal or other proceedings(it means the matters which can. Ecourts, 2015, District Courts of India. The President has the power to send any bill back in the Parliament for changes. Although 80% of petitions under 136 are rejecte. Principles Laid/ Judgment: The majority enjoyed by the Council of Ministers shall be tested on the floor of the House. Narayan also used this provision twice within the span of 1997 and 1998 for the advice under the situation of imposition of President . Further, if there is any question whether a matter falls within the Governor . Legal Current Affairs February 2022. It was named after D. R. Gadgil, then deputy chairman of the Planning Commission. Both the President and Governor have the status of Constitutional Heads as all executive decisions are taken in the name of President and Governor in Parliament and State legislature respectively, but there are certain differences with respect to discretionary power, Nominated members, Pardoning powers etc . It is not a test of your knowledge. In order to get aid and advice the Governor has a council of ministers with the chief minister at his head to exercise the functions as being provided by the . Assertion (A): Ordinance making power of Governor is a discretionary Power; Reason (R): After the 42nd Constitutional Amendment (1976), ministerial advice has. difference between president and governor. Industrial Policy statement 1969 and 1970. Power of President to consult Supreme Court. Syskool.com DA: 11 PA: 42 MOZ Rank: 53. Appointing the Ministers 3. 40. Current Indian polity Affair 2018 So, you need to be updated with the daily current affairs and current happenings across the globe. Made President bound to the advice of the cabinet Allowed Centre to deploy central forces in State to deal with the conflicting situations of law and order (Article 257A) Gave special discretionary powers to the speaker of the Lok Sabha and Prime Minister (Article 329A) The questions are mainly framed from The Hindu and PIB news articles. Article 78 of the Constitution deals with (a) President's power to get information from the Council of Ministers. The Prime Minister of India is the head of the government and country. Indian polity current affairs 2021 updated on a monthy basis. Procedure of Amendment of Indian Constitution GKToday. (b) Montagu-Chelmsford Act, 1919. This was a licensing policy. level is entitled to use any of these languages as the medium in which he or she from EE 101 at Indian Institute of Technology (BHU) Varanasi Economic Survey 2021: The Economic Survey 2020-21 has been dedicated to all the COVID-19 warriors, who have really helped in upholding India. Constitutional provisions . This quiz is intended to introduce you to concepts and certain important facts relevant to UPSC IAS civil services preliminary exam 2018. We shall discuss in detail each of them later. Rana Kamal, 2014, Powers and Functions of Supreme Court in India We have so far covered Chapter 1 (Executive: Articles 52-78) and Chapter 2 ( Parliament: Articles: 79-122) under the Part 5: The Union (Articles 52-151).Chapters 3 stands out with a single article chapter with Article 123 dealing with the legislative powers of the President of India.Article 123 speaks about the power of President to promulgate Ordinances during recess of Parliament. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. Current Indian polity Affair 2018 6. Anatomy of the constitution answer key ANAT is a crossword puzzle answer. The following quiz will have 5-10 MCQs. There are articles outside Chapter 1 of Part V related with powers of President of India like Article 72 and Articles 352-360. This power has been provided to heads of various nations. President vs Governor - Power and Position - Syskool Government is a related term of governor. 60. The Supreme Court has the discretionary power to hear any criminal case even . The president can declare a state of emergency in the following cases: 1)if the governor of the concerned state advices to do so. Chief Minister and Council of Ministers in State Article 163 of the constitution says that there shall be a Council of Ministers in the states with the Chief Minister at the head to aid and advise the Governor in exercise his functions, except those which are required to be done by the Governor on his/ her discretion. Article 257: The executive power of the Union shall also extend to the giving of directions to a State as to the construction . Further, the constitution nowhere uses the terms like "Discretion" and individual judgement" for the president which were used for the governor-general under the government of India act . It is part of an advisory machinery designed to assist the President (the Executive). President vs Governor. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Article 32 does not merely confer power on the Supreme Court as Article 226 does on a high court to issue writs for the enforcement of fundamental rights or other rights as part of its general jurisdiction. Which of the following are the discretionary powers given to the Governor of a State? The central assistance provided for in the first three plans and annual plans of 1966-1969 lacked . But for President, there are no explicit discretionary functions; It is to be inferred from the Constitution. 2)if there is a constitutional breakdown in the state machinery. The President can nominate 12 members of the Rajya Sabha and two anglo-Indians to the Lok Sabha. Article 143 (1) is couched in broad terms which provide that any question of law or fact may be referred by the President for the consideration of the Supreme Court. The topic, 'Veto Power' is a significant topic for UPSC Prelims and Mains GS-II exam from the perspective of Political Science subject. Kurien, 2014, Structure of Indian judiciary. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction. been made binding on the President, but no such provision has been made with respect to the governor. The right call people who take leadership roles. Article 78 of the Constitution deals with (a) President's power to get information from the Council of Ministers. Which of the following are the discretionary powers given to the Governor of a State? This is a limited veto power and can be easily overridden by a simple majority in the Parliament. Courts and Justice system in India The courts are divided into three categories with top court, middle court and lower court. 1. If you're preparing for CLAT, Current Affairs play a significant role in securing a good score. 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