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Consider the following statements in respect of the discretionary power of the President of India:
1. He can appoint a Prime Minister when no party has a clear majority in the Lok Sabha.
2. He can dismiss the council of ministers when it cannot prove the confidence in the Lok Sabha.
3. He can dissolve the Lok Sabha if the council of ministers has lost its majority in the Lok Sabha.
How many of the above statements are correct?
Only one
Only two
All three
None
As per Article 74 of the Constitution, there shall be a council of ministers with the Prime Minister as the head to aid and advise the President, who shall, in the exercise of his functions, act under the advice of the council of ministers. • Though the President has no constitutional discretion, he has some situational discretion. In other words, the President can act at his discretion (that is, without the advice of the ministers) under the following situations: o 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. Hence statement 1 is correct. o Dismissal of the Council of Ministers when it cannot prove the confidence of the Lok Sabha. Hence statement 2 is correct. o Dissolution of the Lok Sabha if the council of ministers has lost its majority. Hence statement 3 is correct.
By: Parvesh Mehta ProfileResourcesReport error
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