Powers of the President and Governors in India With Special Reference to Legislative and Ordinance Making
Contents: Preface. 1. Introduction. 2. Historical background. 3. Constituent Assembly debates in respect of conferment of powers on the President and the Governor. 4. Powers of the President and the Governor in enacting laws and promulgating ordinances under the constitution of India, 1950. 5. Discretion in the exercise of legislative and ordinance making powers by the President and the Governor(s). 6. Judicial review on the exercise of the legislative and ordinance making powers of the President and the Governors by the Supreme Court and the High Courts. 7. Conclusion. Appendices. Table of cases. Select bibliography. Index.
"This book contains most up to-date legal literature analysis and perceptible values in the use of discretionary powers for promulgation of ordinances by the President and Governor(s) under the Indian constitution. It is a brilliant and useful legal work pertaining to the exercise of ordinance making power by the President and Governor(s) in India in comparison to the similar powers vested on the heads of the states elsewhere viz. Canada, Australia, South Africa etc. A good deal of discussions in the Constituent Assembly were aptly pointed for retention of Parliamentary System of Government in India and for conferment of prerogative powers on the heads of the states and the country. An intelligent conclusion has been made with some useful comments which is valuable for the advancement of knowledge in the subject. The study suggests that restraint should be exercised by the President and the Governor(s), in regard to promulgation of ordinances, sparingly, so as to tide over emergency situations rather than to be resorted as a regular move to keep certain matters beyond the purview of the Parliament or the State Legislature as the case may be.
The problems under the instrumentality of law have been armed through a variety of legal, non-legal literature having bearing on the subject as well as decisions of the judiciary and offers a variety of information to legislators, jurists, judges, lawyers, academicians, political thinkers, researchers and other constitutional law activists." (jacket)
