Royal prerogatives
Royal prerogatives may be defined as "The special rights, powers, and immunities to
which the Crown alone is entitled under the common law".
The Crown's prerogative is much restricted as such he cannot claim any prerogative
which is against to common law, or any act of Parliament, or the liberties of the
subjects. The exercise of prerogative rights is regulated by the conventions of the
constitution.
CLASSIFICATION OF ROYAL PREROGATIVES:
Royal's Prerogatives may be classed into:
(1) Personal Prerogatives and (2) Political Prerogatives.
1. Personal Prerogatives:
The personal prerogatives of the Crown are exercised by herself. There are seven
personal prerogatives of the Crown as under:-
i. The King can do no Wrong:
This is one of the prerogative of the King which has two-fold meanings: (a)
No proceedings known to law can be initiated against the King; (b) No one can plead
the orders of the Crown in defense of any act that is otherwise not justifiable by
law.
ii. King Never Dies:
The King has the attribute of immorality. The demise is immediately
followed by succession without any interval. The Sovereign always exists, the
person only is changed..
iii. Time does not run against the King:
iv. Not bound by Statute:
The King is not bound by statute.
2. Political Prerogatives:
Political prerogatives of the Crown are exercised by the Cabinet in the name of the
King and the Cabinet being the mouthpiece of the people, the prerogatives of the
Crown have ultimately become the privileges of the people.
Royal prerogatives of the Crown are further divisible into:
(a) Domestic Royal Prerogatives
(b) Foreign Royal Prerogatives.
A. Domestic Royal Prerogatives:
Domestic Royal Prerogatives are as under:-
i. Administrative Prerogatives:
Administrative prerogatives of the Crown include the creation of press; the
creation of corporations, the appointment and dismissal of Ministers and other
Government officials, headships of Army, Navy and Civil Service
ii. Judicial Prerogatives:
The King is considered as fountain of justice and general observer of the peace of
the Kingdom. In this capacity, the King has the right of erecting Courts of Justice
and criminal proceedings run in the King's name. He also has the prerogative of
mercy, which has two elements: to grant pardons and to stop legal proceedings
against an individual (nolle prosequi). Firstly, pardon is granted on the advice of
Home Secretary, through which he can pardon all offenders against criminal law
either before or after conconviction
ili. LEGISLATIVE PREROGATIVES
The King summons, prorogues the sessions of Parliament and is empowered to dissolve
the Parliament on the advice of the Prime Minister. The King has the prerogative of
giving royal assent to the bills passed in the Parliament. Moreover, he is
empowered at common law to legislate for conquered and ceded colonies also. He also
has statutory powers of legislating by Orders-in-Council for settled colonies.
ili. Ecclesiastical Prerogatives:
by virtue of these, the King appoints high ecclesiastical officers.
B. Foreign Royal Prerogatives:
The King is the sole representative of the nation in international dealings. It is
his prerogative to make treaties; to cede territory; to make war and peace; to
recognize the status of a foreign country or of its government; to appoint
representatives of his own country abroad and to receive the representatives of
other States.
