Chapter

Appointing a Prime Minister<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0024
Appointing a Prime Minister1

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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

Chapter.  2878 words. 

Subjects: Constitutional and Administrative Law

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