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Consider the following differences with regard to the President and the Governor of India:
1. Governor has both constitutional and situational discretion power.
2. President has no constitutional discretion, he has only some situational discretion.
3. The pardoning power of the President is independent of the judiciary and is an executive power.
4. Both the Governor and the President have concurrent power in respect of suspension, remission and commutation of death sentence.
Which of the statements given above is/are correct?
1&2 only
2&3 only
3&4 only
All the Above
Explanation:All the statements given are correct – Self explanatory Governor has both constitutional and situational discretion power. For instance:(Examples of constitutional discretion)Reservation of a bill for the consideration of the President.Recommendation for the imposition of the President’s Rule in the state.(Examples of situational discretion):Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.President has no constitutional discretion, he has some situational discretion. In other words, the President can act on his discretion (that is, without the advice of the ministers) under the following situations:Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.Dissolution of the Lok Sabha if the council of ministers has lost its majority.
By: Shubham Tiwari ProfileResourcesReport error
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