Which of the following statements relating to the office of the President of India are correct? 1. The President has the power to grant pardon to a criminal in special cases. 2. The President can promulgate ordinances even when the Parliament is in session. 3. The President can dissolve the Rajya Sabha during the emergency. 4. The President has the power to nominate two members in the Lok Sabha from the Anglo Indian community.
1 and 4 only
Understanding the Powers of the President of India
Let's analyze each statement related to the office and powers of the President of India to determine which ones are correct.
Statement 1: Power to grant pardon
The first statement says that the President has the power to grant pardon to a criminal in special cases. This is a correct statement. Article 72 of the Constitution of India grants the President the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence. This power extends to cases where the punishment is for an offence against any law relating to a matter to which the executive power of the Union extends, in all cases where the sentence is a sentence of death, and in all cases where the sentence is a sentence by court martial.
Therefore, Statement 1 is correct.
Statement 2: Promulgation of ordinances when Parliament is in session
The second statement claims that the President can promulgate ordinances even when the Parliament is in session. This statement is incorrect. The power of the President to promulgate ordinances is derived from Article 123 of the Constitution. This power can only be exercised when both Houses of Parliament are not in session, or when either of the two Houses is not in session, and the President is satisfied that circumstances exist which render it necessary for him to take immediate action. If Parliament (both Lok Sabha and Rajya Sabha) is in session, the President cannot promulgate an ordinance.
Therefore, Statement 2 is incorrect.
Statement 3: Dissolving the Rajya Sabha during emergency
The third statement suggests that the President can dissolve the Rajya Sabha during an emergency. This statement is incorrect. The Rajya Sabha (Council of States) is the upper house of the Indian Parliament and is a permanent body. Unlike the Lok Sabha (House of the People), it is not subject to dissolution. Its members are elected for a term of six years, with one-third of its members retiring every two years. Neither the President nor any other authority can dissolve the Rajya Sabha, even during a period of national emergency.
Therefore, Statement 3 is incorrect.
Statement 4: Nomination of Anglo-Indian members to Lok Sabha
The fourth statement asserts that the President has the power to nominate two members in the Lok Sabha from the Anglo-Indian community. This statement relates to the power the President historically held under Article 331 of the Constitution. This article provided that if the President was of the opinion that the Anglo-Indian community was not adequately represented in the House of the People, he could nominate not more than two members of that community to the Lok Sabha. While this power existed for many decades, it is important to note that this provision related to the nomination of Anglo-Indians was discontinued by the 104th Amendment Act, 2019, effective from January 25, 2020. However, based on the provided options and the likely context of the question assuming the previous constitutional position, we evaluate this statement as correct in that specific historical context or question framework.
Therefore, considering the likely premise of the question aligning with historical powers or a specific timeframe before the amendment, Statement 4 is considered correct.
Summary of Statements
Based on the analysis:
- Statement 1: Correct (Power to grant pardon under Article 72).
- Statement 2: Incorrect (Ordinances only when Parliament is not in session under Article 123).
- Statement 3: Incorrect (Rajya Sabha is a permanent body and cannot be dissolved).
- Statement 4: Correct (Historically, the President had the power to nominate Anglo-Indian members to Lok Sabha under Article 331, which is considered correct in the context of the question's expected answer).
The statements found to be correct are 1 and 4.
| Statement No. | Statement | Correctness | Reason / Article |
|---|---|---|---|
| 1 | Power to grant pardon | Correct | Article 72 |
| 2 | Ordinances when Parliament in session | Incorrect | Article 123 (Only when Parliament / a House not in session) |
| 3 | Dissolve Rajya Sabha during emergency | Incorrect | Rajya Sabha is permanent |
| 4 | Nominate 2 Anglo-Indians to Lok Sabha | Correct (Historically/Contextually) | Article 331 (Discontinued by 104th Amendment) |
Conclusion
Statements 1 and 4 are correct based on the analysis, considering the possible context of the question regarding statement 4.
Revision Table: President of India Powers
| Power Type | Description | Relevant Article(s) |
|---|---|---|
| Executive Powers | Appoints Prime Minister and Council of Ministers, appoints judges, signs treaties (subject to Parliament). | Articles 53, 74, 75, 76, etc. |
| Legislative Powers | Summoning, proroguing Parliament, dissolving Lok Sabha, addressing Parliament, assenting to Bills, promulgating ordinances. | Articles 85, 86, 87, 111, 123, etc. |
| Financial Powers | Cause Annual Financial Statement (Budget) to be laid before Parliament, recommend Money Bills. | Articles 112, 117 |
| Judicial Powers (Pardoning Power) | Grant pardons, etc. | Article 72 |
| Emergency Powers | National Emergency, State Emergency, Financial Emergency. | Articles 352, 356, 360 |
Additional Information: President of India
The President of India is the head of the state and the first citizen of India. The President acts as the symbol of unity, integrity, and solidarity of the nation. The President exercises powers on the aid and advice of the Council of Ministers headed by the Prime Minister, except in a few discretionary matters.
Important points about the President's powers:
- Pardoning Power (Article 72): This is an independent executive power, although its exercise is subject to judicial review in certain cases. It is used to correct possible judicial errors or for humanitarian reasons.
- Ordinance Making Power (Article 123): An ordinance has the same force and effect as an Act of Parliament but is temporary. It must be laid before Parliament when it reassembles and ceases to operate six weeks from the reassembly of Parliament, or earlier if disapproved by resolutions of both Houses.
- Rajya Sabha: As mentioned, Rajya Sabha is a continuous chamber and cannot be dissolved. Elections are held every two years to fill the seats of retiring members.
- Nomination to Lok Sabha (Anglo-Indians): The power of the President under Article 331 to nominate two members from the Anglo-Indian community to the Lok Sabha was provided to ensure representation for the community. However, this provision, along with the reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Assemblies, was extended for another ten years by the 104th Amendment Act, 2019, but the provision for nomination of Anglo-Indians was *not* extended and thus effectively ceased to operate after January 25, 2020.
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