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Who advises the President in executive decisions in case of no-confidence motion?

Who advises the President in executive decisions in case of no-confidence motion and no clear majority to any candidate and the Lok Sabha is dissolved? Note this case is different from the case where the council of ministers themselves request for a dissolution in which case it is legitimate for them to continue to advise President as the confidence is still there. It seems illegitimate to continue to advise President in case of no-confidence. Also according to Article 74, President cannot have personal discretion on executive matters so can't take decisions himself. Please resolve this doubt. Thanks. @Neyawn @Lokhitwadi

I am unable to find the answer to the exact question I posed anywhere. Let me put options so that it becomes simpler to understand.

(a) The President uses his discretion in executive actions until new council of ministers is formed
(b) The old council of ministers continue to render advice
(c) A new committee is formed in the Parliament to temporarily render advice to the President until vacuum is filled.
(d) None of these

Comments

  • alternative govt is formed. President calls the alternate leader of the House who can command majority or the leader of the next largest party. HE can use his discretion if there is no clear majority of any party. This is a grey area, not used till now but constitution provides an element of dicretion for the president here. No one advices President in this regard - but only when no alternative leader with clear or even marginal majority is available which is rare.
  • edited February 19
    Thank you. Can you provide a credible source for this argument? I am unable to find the answer to the exact question I posed anywhere.
  • you can refer Laxmikanth. Read carefully, you will find few lines on discretionary powers of President.
  • @Ela_Ahlawat if u see discretionary power of president in chapter/page 18.17 in laxmikant,,, u will find pres has discretion in dismissal of council of ministers when they lost confidence (so it means that even if council of ministers may have advsed otherwise that do not dismiss us, then also Pres can do that,,,, also see point three-- now after council of ministers is dismissed then prez can look for alternatives and ask other parties if they can form govt (if they can show required numbers), if alternative cannot be found, then prez dissolves lok sabha --that is fresh elections... so the botom line is that once council of minister is dismissed then it is upto pres. to weigh options of dissolving lok sabha or not,,,,
  • edited February 19

    @Ela_Ahlawat if u see discretionary power of president in chapter/page 18.17 in laxmikant,,, u will find pres has discretion in dismissal of council of ministers when they lost confidence (so it means that even if council of ministers may have advsed otherwise that do not dismiss us, then also Pres can do that,,,, also see point three-- now after council of ministers is dismissed then prez can look for alternatives and ask other parties if they can form govt (if they can show required numbers), if alternative cannot be found, then prez dissolves lok sabha --that is fresh elections... so the botom line is that once council of minister is dismissed then it is upto pres. to weigh options of dissolving lok sabha or not,,,,

    Understood. What happens to other executive decisions (which need immediate attention) apart from dissolution and dismissal? Does the President wait till the formation of the new government or does he use discretion?
  • Who advises the President in executive decisions in case of no-confidence motion and no clear majority to any candidate and the Lok Sabha is dissolved? Note this case is different from the case where the council of ministers themselves request for a dissolution in which case it is legitimate for them to continue to advise President as the confidence is still there. It seems illegitimate to continue to advise President in case of no-confidence. Also according to Article 74, President cannot have personal discretion on executive matters so can't take decisions himself. Please resolve this doubt.

    I am unable to find the answer to the exact question I posed anywhere. Let me put options so that it becomes simpler to understand.

    (a) The President uses his discretion in executive actions until new council of ministers is formed
    (b) The old council of ministers continue to render advice
    (c) A new committee is formed in the Parliament to temporarily render advice to the President until vacuum is filled.
    (d) None of these

    Ans B
    Refer attached image from Laxmikanth
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    Hunt alone
  • edited February 19
    This is the President's discretion in its entirety. There is no scope for any further discretion either constitutional or situational.
    (Individual actions, incidents are only transgression which not automatically become norms unless SC interpret that way)

    Read this article (by Shanti Bhushan)
    http://www.thehindu.com/todays-paper/tp-opinion/what-are-the-indian-presidents-powers/article18439465.ece

    Afterall the Constitution Assembly President Rajendra Prasad (who later became 1st President of independent India) himself was not clear about President's discretionary power!
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  • @Ela_Ahlawat u can search late 1990's when governments were changing everyday of how pres was proceeding with things. U r assuming that there can be a scenario where council of ministers is dismissed and no one is staking a claim. This normally does not happen coz othr parties will try to stake claim be it with outside support of some other parties or whatever combinations can be made. And in case alternatives do not enjoy majority support then pres will call for election. Now in the meantime, My hunch is that routine executive work will keep happening so it is not that country is going to come to halt. On the other hand, if our presidents get greedy and do not call for elections or keep dismissing council of ministers when they do not enjoy majority,,then it will breach of constitution and all those provisions like Pres shall only act on advice of council of ministers and represenative govt being basic structure will apply. In any case if pres keeps prolonign his discretion it will be dictatorship and this is what happens in some countries. But again coming back to ur question, the executive functions in ithe interim will be carried on by pres till new govt is formed. Desperate times call for desperae measures and if u see pres powers, u will find that his powers are more or less to deal with contingencies anyway.
  • @trying_tobawesm My view is somewhat overlapping with your latest post. Thank you.

    @Lonewolf Your logic also seems right. Hence the question. Thank you.
  • @Walt_Disney What is your take on this?
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