Presidential Discretion

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Presidential Discretion

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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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