Which of the following statements are NOT correct:
A. The veto power of the Indian President is a combination of the absolute, suspensive and pocket veto.
B. Both the houses of the Parliament as well as a state legislature have different privileges in our Constitution.
C. The Speaker of Lok Sabha presides over a joint sitting of the two houses of the Parliament.
D. There was an express provision in the Indian Constitution from the very beginning that the President was bound to act in accordance with the advice tendered by the council of ministers.
Choose the correct answer from the options given below:
This solution identifies statements that are NOT correct regarding specific provisions of the Indian Constitution. We will evaluate each statement based on constitutional articles and established interpretations.
This statement is correct. The President of India possesses three types of veto powers: absolute veto, suspensive veto, and pocket veto.
This statement is considered NOT correct in the context of this question. While privileges for Parliament (Article 105) and State Legislatures (Article 194) are provided in separate articles, the core privileges are largely similar and derived from the same principles ensuring independence and functioning. The statement implies a significant divergence, which is debatable, making it potentially incorrect depending on interpretation.
This statement is correct. As per Article 108(3) of the Constitution, the Speaker of the House of the People (Lok Sabha) presides over a joint sitting. If the Speaker is absent, the Deputy Speaker of Lok Sabha, or in their absence, the Deputy Chairman of the Council of States (Rajya Sabha), presides.
This statement is NOT correct. The original Article 74(1) stated that the President would act "in accordance with the advice of the Council of Ministers." However, the binding nature of this advice was established through subsequent judicial interpretations (like the Samsher Singh case) and strengthened by amendments (42nd and 44th Amendments). The original text did not contain an *express provision* explicitly stating the advice was absolutely *binding* in the manner later clarifications enforced. Therefore, the claim of an "express provision from the very beginning" that was binding is inaccurate.
Based on the analysis, statements B and D are identified as NOT correct.
Therefore, the correct option is the one that includes B and D.
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