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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Appointing a Prime Minister 1

Appointing a Prime Minister 1

(p.97) 14 Appointing a Prime Minister1

A.G. Noorani

Oxford University Press

This chapter discusses three reliable but neglected guides to assist the president in the appointment of the prime minister when the electorate returns a hung Lok Sabha. One is a rule enunciated by Ivor Jennings on the basis of established constitutional practice. Another is the Instrument of Instructions which the framers of the Constitution carefully drew up for the guidance of the president and the government when exercising their discretionary powers as heads of state in a parliamentary system. The last is a judgment of the Supreme Court of Sri Lanka which knocks for a six the doctrine of the head of state's unfettered discretion and establishes the availability of judicial review in cases of constitutionally improper appointment.

Keywords:   president, hung Lok Sabha, Ivor Jennings, Constitution, discretionary powers, parliamentary system, Sri Lanka Supreme Court

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