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Emergency presidential power is not a new idea. However, the way in which it is used in the twenty-first century presents new challenges. [55] A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in 1861. Lincoln claimed that the rebellion created an emergency ...
The ordinary duties of officers prescribed by statute come under the general administrative control of the President by virtue of the general grant to him of the executive power, and he may properly supervise and guide their construction of the statutes under which they act in order to secure that unitary and uniform execution of the laws which ...
In the case of the former, the president retains the power to veto such a decision; however, Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a congressional override of an executive order is a nearly impossible event, because of the supermajority vote required, and the fact that such a ...
In addition to these powers, the President has various other discretionary powers in the Constitution, which are of lesser political significance (in normal circumstances). The President may decide to call a referendum on legislation "of great national significance". This power, granted by Article 27 of the Constitution, has not so far been used.
In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. [1] [2] Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power.
323, it will be the duty of the Union Commission to annually present a report to the president of the work done by the Commission. On receipt of such report, the president shall present a copy before each House of Parliament; together with a memorandum, if any, explaining the reasons why the advice of the Commission was not accepted by him. [10]
In an opinion concurring in part, Justice Amy Coney Barrett agreed in granting presidential immunity for the core constitutional powers of a president, arguing that such immunity meant that a president could obtain interlocutory review of the "constitutionality of a criminal statute as applied to official acts."
V. V. Giri became the acting president in 1969 after Zakir Husain died in office. Giri was elected president a few months later. He remains the only person to have held office both as a president and acting president. Rajendra Prasad, the first president of India, is the only person to have held office for two terms. [5]