Discretionary Power

A country, particularly one as large as India, can face many issues. With such a large population, India is susceptible to many problems. However, administrative powers are given to authorities to deal with these situations, but authorities also have some discretionary powers. These powers enable them to keep a close eye on every decision made by ministerial councils. These powers enable the country to maintain its liability. And these powers are accountable if a country faces a crisis and assist in maintaining law and order in the country in certain situations. Hence, discretionary powers play an essential role in maintaining the country in the worst situations. 

What are Discretionary Powers? 

Discretionary power can be defined as the authority that allows an administrative agency or official to choose the most reasonable decision among several options following public and private interests. In legal terms, Discretionary powers are the powers to exercise discretion over which the court cannot intervene.

Unlike administrative powers, which enforce judicial laws, discretionary powers delegate authority to one person to act or not act somehow. For example, in our country, discretionary powers are granted to the President and governor to act as they see fit on specific topics, and these powers are granted to them through delegation.

Why are discretionary powers given?

There were some reasons why discretionary powers are given despite administrative powers. 

• Nowadays, there are numerous complex problems, and it is hard to decipher them all within the scope of basic rules

• It is not always possible to forecast every problem. Still, when one arises, the administration must resolve it regardless of the absence of special rules that apply to the situation

• Because circumstances differ from case to case, applying a single rule to all cases may result in injustice.

Discretionary power of President

Though the President follows the prime minister’s advice and ministerial councils, it does have some discretionary powers within acceptable limits. On the other hand, the President possesses certain discretionary powers that they can exercise without the approval of the executive or the Council of Ministers. Let us now look at the President’s discretionary power. 

Veto powers of President 

It is critical to obtain the President of India’s permission before the Bill can become an act of the Indian Parliament. The President has the option of withholding his assent or returning the Bill to the House for reconsideration.

Hung Parliament

The President takes charge when no political party or coalition obtains a majority in Lok Sabha following elections. The leader of the largest single party or the leader of the largest coalition is called upon to form the government. And if they do not appear to be capable of leading the party, he may choose someone and form a stable government.

Discretion while selecting prime minister

When an incumbent Prime Minister dies unexpectedly, and there is no successor to take his place, the President must take charge of the selection and appointment of the next Prime Minister.

Discretionary powers of a governor

Though the governor does not have many administrative powers, it does have some discretionary powers that should be investigated.

Appoints the chief minister

Suppose no party receives a majority of votes in the state legislative Assembly or fails to elect a leader. In that case, the governor has the discretionary power to appoint a chief minister of their choice. And in this way maintains law and order in the country. 

In-state of emergency

If the President declares a state of emergency in the country, the governor acts as the President’s agent and disregards ministerial councils. And it is one the governor’s hand to take care of the situation in their state in an emergency situation. 

If state constitutional machinery fails

If the state’s constitutional machinery fails, the government must submit an independent report to the President with the assistance of ministerial consultative councils.

If the Bill is not up to the mark 

Suppose the governor believes that a bill passed by the state legislature conflicts with the central government. In that case, he has the authority to reserve that Bill for approval by the President without consulting councils of ministers.

Conclusion 

So, in our constitution, most problems are taken into account, and if administrative rules cannot solve some problems, authorities are given some discretionary powers. Exceptional situations are considered with the help of discretionary powers. In India, the President and governor are given these discretionary powers to select legislative or state assembly members, among other things. These powers are also free of the judiciary and legal issues. The discretion of these powers enables our country to make appropriate decisions and solve problems that general rules cannot solve. Hence, in simple terms, we can say that these discretionary powers help maintain law and order in the country.