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Question

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:

The correct answer is
B & D Only

Analyzing Incorrect Constitutional Statements

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.

Statement Evaluation

  • Statement A: The veto power of the Indian President is a combination of the absolute, suspensive and pocket veto.

    This statement is correct. The President of India possesses three types of veto powers: absolute veto, suspensive veto, and pocket veto.

  • Statement B: Both the houses of the Parliament as well as a state legislature have different privileges in our Constitution.

    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.

  • Statement C: The Speaker of Lok Sabha presides over a joint sitting of the two houses of the Parliament.

    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.

  • Statement 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.

    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.

Conclusion on Incorrect Statements

Based on the analysis, statements B and D are identified as NOT correct.

  • Statement B is considered incorrect because the core privileges for Parliament and State Legislatures are fundamentally similar, despite being in separate articles.
  • Statement D is incorrect because the original Constitution did not have an *express provision* making the Council of Ministers' advice explicitly binding on the President; this evolved over time.

Therefore, the correct option is the one that includes B and D.

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

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

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

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