Presidential Discretion
Despite donning a constitutional mantle that essentially binds a president to accept cabinet advice in exercising all the powers formally bestowed by the Constitution, the president of India can, in extraordinary circumstances, exercise discretion in the choice of a prime minister, acceptance of cabinet advice, dismissal of a government, and dissolution of Parliament, among other such privileges. This book examines the scope and limitations of these discretionary powers through various examples from India, Britain, and the Commonwealth.

The volume draws on biographical material of Indian presidents and British sovereigns to explain how they tackled diverse political situations, the lessons from which can be unmistakable signposts for the future. The author combines three approaches-analytical, comparative, and historical. He leans heavily on authorities as well as judgments of Supreme Courts and High Courts (of select jurisdictions) providing independent argument where required.
1123894148
Presidential Discretion
Despite donning a constitutional mantle that essentially binds a president to accept cabinet advice in exercising all the powers formally bestowed by the Constitution, the president of India can, in extraordinary circumstances, exercise discretion in the choice of a prime minister, acceptance of cabinet advice, dismissal of a government, and dissolution of Parliament, among other such privileges. This book examines the scope and limitations of these discretionary powers through various examples from India, Britain, and the Commonwealth.

The volume draws on biographical material of Indian presidents and British sovereigns to explain how they tackled diverse political situations, the lessons from which can be unmistakable signposts for the future. The author combines three approaches-analytical, comparative, and historical. He leans heavily on authorities as well as judgments of Supreme Courts and High Courts (of select jurisdictions) providing independent argument where required.
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Presidential Discretion

Presidential Discretion

by Debtoru Chatterjee
Presidential Discretion

Presidential Discretion

by Debtoru Chatterjee

Hardcover

$56.00 
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Overview

Despite donning a constitutional mantle that essentially binds a president to accept cabinet advice in exercising all the powers formally bestowed by the Constitution, the president of India can, in extraordinary circumstances, exercise discretion in the choice of a prime minister, acceptance of cabinet advice, dismissal of a government, and dissolution of Parliament, among other such privileges. This book examines the scope and limitations of these discretionary powers through various examples from India, Britain, and the Commonwealth.

The volume draws on biographical material of Indian presidents and British sovereigns to explain how they tackled diverse political situations, the lessons from which can be unmistakable signposts for the future. The author combines three approaches-analytical, comparative, and historical. He leans heavily on authorities as well as judgments of Supreme Courts and High Courts (of select jurisdictions) providing independent argument where required.

Product Details

ISBN-13: 9780199466566
Publisher: Oxford University Press
Publication date: 08/16/2016
Pages: 340
Product dimensions: 5.80(w) x 8.80(h) x 1.10(d)

About the Author

Debtoru Chatterjee is a senior civil servant working with the Government of India.

Table of Contents

PrefaceAcknowledgementsTable of CasesList of Abbreviations and AcronymsIntroduction1. The Choice of a Prime Minister2. Acceptance of Advice3. Dismissal of a Government4. Dissolution of Parliament5. The President as a Mediator6. The Constitution over Conventions? 7. ConclusionAppendix A: A Constitutional Outline of the Presidency (1950-87)Appendix B: Constitutional Table for IndiaAppendix C: Constitutional Table for Great BritainAppendix D: Constitutional Table for the Commonwealth of AustraliaAppendix E: Constitutional Table for the Dominion of CanadaBibliographyIndexAbout the Author
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