Multiple Choice Questions

Consider the following statements 1 Appointment of the Prime Minister when no single party attains m...........

Indian Political System(RAS) Union - Executive, Legisture

Consider the following statements:

1. Appointment of the Prime Minister when no single party attains majority after elections to the Lok Sabha.

2. Dismissal of Council of Ministers where it cannot prove the confidence of the Lok Sabha.

3. Dissolution of the Lok Sabha if the Council of Ministers has lost its majority.

In which of the above cases, President is not bound by the advice of the Council of Ministers?

1 only

1 and 2 only

2 only

1, 2 and 3

Union Executive :

As per Article 74 President is bound by the advice of the council of ministers headed by the Prime Minister. Though he has no constitutional discretion, he has some situational discretion. In other words, the President can act on his discretion (that is, without the advice of the ministers) under the following situations:
Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in offi ce dies suddenly and there is no obvious successor.
Dismissal of the council of ministers when it cannot prove the confidence in the Lok Sabha.
Dissolution of the Lok Sabha if the council of ministers has lost its majority .