Topic – Part of static series under the heading “ Discretionary powers”
1) Discuss whether the governor enjoys more discretionary powers than the president?(250 words)
Key demand of the question
The question expects us to highlight the Discretionary powers of the president and the governor and examine the extent of both, whether they can be compared and whether one enjoys more discretion than the other.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer
Introduction – Mention the role that constitution expects the governor and president to play – that of figureheads as highlighted by Dr BR Ambedkar.
Body – Mention the discretionary powers of the president and governor and highlight that while the president enjoys situational discretionary power, the discretionary power of the governor is mentioned in the constitution itself under article 163(2). Discuss whether governors Discretionary powers are at the discretion of the governor or the central government. Discuss SC judgment that governor is not an agent of the centre. In the final part of your answer, mention that several constitutional experts as well as court ruling have emphasized on the fact that discretionary powers should not be exercised in an arbitrary and whimsical manner, on which count governor is more guilty.
Conclusion – Highlight the role that governor and president are expected to play .