Emergency Powers and President's Discretionary Powers in the Indian Constitution
This document summarizes key points from the image regarding emergency powers and discretionary powers of the President of India, as discussed in the Indian Constitution. It includes quotes from constitutional experts and jurists offering different perspectives on these powers.
**Quotes on Emergency Powers:**
* **Alladi Krishnaswamy Iyer:** Views emergency powers positively, describing them as essential safeguards for the Indian Constitution in times of crisis. He compares them to "mritasanjivini" (a life-restoring herb) and "protective shields," emphasizing their role in protecting the constitution from danger.
* **D.V.Rao:** Presents emergency powers as a mechanism for the Indian Constitution to defend itself during challenging times. He suggests they are "ways for the Indian Constitution to protect itself when facing difficult situations," highlighting their self-preservation function.
* **K.M. Nambiar:** Offers a more critical perspective, likening emergency powers to "jaundice" for the Indian Constitution. This analogy implies that while they might be necessary in extreme situations, they can also be detrimental or have negative side effects on the constitution's health and functioning.
* **Allen Gledhill:** Raises concerns about the potential for misuse of emergency powers. He warns that "emergency powers, according to the constitution, risk turning the President into a dictator." This quote emphasizes the danger of these powers being used to undermine democratic principles and concentrate authority excessively in the President's hands.
* **B.R. Ambedkar:** Provides a justification for certain limitations on individual liberties in times of national emergency. He states, "National sovereignty is greater than individual freedom and liberty," suggesting that in situations threatening the nation's integrity, national interests may take precedence over individual rights.
* **Quote on Article 356 (President's Rule):** Expresses strong criticism of Article 356, often referred to as President's Rule, which allows the central government to take over the administration of a state. It is described as a "dead letter" and a "death warrant" for state governments, indicating its potential to undermine state autonomy and federalism.
**President's Discretionary Powers:**
The document outlines specific instances where the President of India exercises discretionary powers, acting on their own judgment:
1. **Appointment of Prime Minister in a Hung Parliament:** Following Lok Sabha elections where no single political party secures a clear majority, the President plays a crucial role in selecting the Prime Minister. This decision is based on the President's discretion and assessment of the political situation.
2. **Formation of Government When Ruling Party Loses Power:** In situations where the existing ruling government at the center loses power (e.g., through a vote of no-confidence), the President has the discretionary power to initiate the formation of a new government.
3. **Decision on Alternative Government or Elections After Government Collapse:** If the central government collapses and forming an alternative government seems unfeasible, the President must decide whether to facilitate the formation of an alternative government or to dissolve the Lok Sabha and call for fresh elections. This crucial decision rests on the President's discretionary powers.
4. **Pocket Veto:** The President possesses the power of pocket veto, which allows them to withhold assent to a bill passed by the Parliament. By not signing or rejecting the bill, the President can effectively prevent it from becoming law, exercising this discretion.
5. **Discretionary Power over State Bills:** When state legislative assemblies pass bills and the Governor reserves certain bills for the President's consideration, the President can exercise discretionary authority in deciding whether to grant assent, withhold assent, or return the bill for reconsideration.
This summary provides an overview of the different perspectives on emergency powers and outlines the key discretionary powers vested in the President of India according to the Indian Constitution, as presented in the image.
Monday, February 17, 2025
Emergency Powers and President's Discretionary Powers in the Indian Constitution
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