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Question

Which of the following statements about the powers of the President is correct?

The correct answer is He can disqualify a member of Parliament under Art. 102 on the recommendation of the Election Commission

Let's analyze the statements about the powers of the President of India to determine which one is correct.

Analyzing the Powers of the President of India

The President of India holds various powers, including executive, legislative, judicial, financial, and emergency powers. Understanding these powers is crucial for comprehending the constitutional framework of India. We will examine each given statement in detail.

Statement 1: He presides over the meetings of the Zonal Councils

This statement is incorrect. Zonal Councils are statutory bodies established by the States Reorganisation Act, 1956. Each Zonal Council consists of the Union Home Minister as the Chairman and the Chief Ministers of the states included in the zone as Vice-Chairmen (holding office by rotation).

  • The Union Home Minister presides over the meetings of the Zonal Councils.
  • The President is involved in setting up these councils but does not preside over their meetings.

Statement 2: He is the head of the Inter-State Council

This statement is incorrect. The Inter-State Council is constituted under Article \(\text{263}\) of the Constitution to inquire into and advise upon disputes between states. It is chaired by the Prime Minister of India.

  • The Prime Minister is the Chairman of the Inter-State Council.
  • The President constitutes the council but is not its head or chairman.

Statement 3: He can disqualify a member of Parliament under Art. 102 on the recommendation of the Election Commission

This statement is correct. Article \(\text{102}\) of the Constitution specifies the grounds for disqualification of a member of Parliament (either Lok Sabha or Rajya Sabha). Article \(\text{103}\) deals with the decision on questions as to disqualifications of members.

  • According to Article \(\text{103(1)}\), if any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in Article \(\text{102(1)}\), the question shall be decided by the President.
  • According to Article \(\text{103(2)}\), before giving any decision on such a question, the President shall obtain the opinion of the Election Commission of India and shall act according to that opinion.
  • Therefore, the President decides on the disqualification of a Member of Parliament under Article \(\text{102(1)}\) but must do so based on the recommendation (opinion) of the Election Commission.

Statement 4: He can declare national emergency at his discretion

This statement is incorrect. While the President declares a national emergency under Article \(\text{352}\), this power is not exercised at the President's discretion. According to the \(\text{44}^{\text{th}}\) Amendment Act, 1978, the President can declare a national emergency only when the Union Cabinet communicates in writing that such a declaration is necessary.

  • The power to declare a national emergency is exercised by the President only on the written recommendation of the Union Cabinet.
  • The President cannot declare a national emergency on their own discretion.

Based on the analysis of each statement, only the statement regarding the President's power to disqualify a Member of Parliament based on the Election Commission's recommendation is correct according to the Constitution of India.

Statement Correctness Reason
Presides over Zonal Councils Incorrect Union Home Minister presides.
Head of Inter-State Council Incorrect Prime Minister is the Chairman.
Disqualifies MP under Art. 102 on EC recommendation Correct As per Article \(\text{103}\).
Declares national emergency at discretion Incorrect Requires written recommendation of the Union Cabinet.

Revision Table: Key Presidential Powers

Understanding the specific roles and powers helps clarify the President's position in the Indian political system.

  • Executive Powers: Appointing Prime Minister, Council of Ministers, Judges of Supreme Court and High Courts, Governors, etc.
  • Legislative Powers: Summoning/proroguing sessions of Parliament, addressing Parliament, assenting to bills, promulgating ordinances (under Article \(\text{123}\)).
  • Financial Powers: Causing the Annual Financial Statement (Budget) to be laid before Parliament, demanding for grants, constituting Finance Commission.
  • Judicial Powers: Appointing judges, pardoning powers (Article \(\text{72}\)).
  • Emergency Powers: National Emergency (Article \(\text{352}\)), State Emergency (President's Rule - Article \(\text{356}\)), Financial Emergency (Article \(\text{360}\)).

Additional Information: Disqualification of MPs

The disqualification of a Member of Parliament can occur on several grounds listed in Article \(\text{102}\). These grounds include holding an office of profit under the government, being of unsound mind, being an undischarged insolvent, not being a citizen of India or having voluntarily acquired citizenship of a foreign state, or being disqualified by or under any law made by Parliament.

One such law is the Tenth Schedule (Anti-Defection Law), under which a member can be disqualified on grounds of defection. However, disqualification under the Tenth Schedule is decided by the presiding officer of the respective House (Speaker in Lok Sabha, Chairman in Rajya Sabha), not the President.

The President's role in disqualification is specifically limited to the grounds mentioned in Article \(\text{102(1)}\), and their decision is binding but must be based on the Election Commission's opinion.

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Important Questions from Executive

  1. President Droupadi Murmu has appointed Dr. Justice Dhananjaya Yashwant Chandrachud as the _______ Chief Justice of India.

  2. Which Article of the Indian Constitution provides power to the President to promulgate ordinances?

  3. By which Constitutional Amendment Act of the Indian Constitution, the word 'Internal disturbance' has been substituted by 'armed rebellion' in the Article 352?

  4. The President exercises his/her powers on the advice of

  5. In its advisory capacity, the Union Cabinet's advice to the President of India is considered:

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