With reference to the Constitutional powers and executive role of the President of India, consider the following statements:
1. The power of the President to grant pardons under Article 72 extends to sentences imposed by a Court Martial, whereas the Governor possesses no such power under Article 161.
2. The 44th Constitutional Amendment Act, 1978 made the advice tendered by the Council of Ministers unconditionally binding on the President upon first submission.
3. Under Article 78, it is the constitutional duty of the Prime Minister to furnish such information relating to the administration of affairs of the Union as the President may call for.
Which of the statements given above are correct?
- 1 and 3 onlyAnswer
- B1 and 2 only
- C2 and 3 only
- D1, 2 and 3
Answer
The correct answer is the option stating that only statements 1 and 3 are correct.
The option selecting statements 1 and 3 is correct. Under Article 72(1)(a), only the President possesses the authority to grant pardons for sentences awarded by a Court Martial. Under Article 78(b), the Prime Minister is constitutionally obligated to furnish administrative information requested by the President. Statement 2 is false because the 44th Amendment Act of 1978 empowered the President to return advice to the Council of Ministers for one-time reconsideration under Article 74(1).
Step-by-Step Solution
Key Concept
Union Executive Constitutional Framework: Article 72, Article 74 (42nd and 44th Amendments), and Article 78
Estimated Time:2m 0s