In which of the following situations the President can exercise constitutional discretion 1 Appointm...........

Indian Polity President of India

In which of the following situations the President can exercise constitutional discretion?

1. Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.

2. Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.

3. Dissolution of the Lok Sabha if the council of ministers has lost its majority.

Select the correct answer using the codes given below.

1&2 only

2&3 only

All the above

None of the above

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Explanation:

Though the President 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 office dies suddenly and there is no obvious successor.
•Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
•Dissolution of the Lok Sabha if the council of ministers has lost its majority.
Do you know?
Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the:
•Punishment or sentence is for an offence against a Union Law;
•Punishment or sentence is by a court martial (military court); and
•Sentence is a sentence of death.
THINK!
•Supreme Court principles on pardoning power of President.