Examkin

Question

Difficulty: Very hardUnion Executive: President, Vice-President, PM, and Council of Ministers

Which of the following statements regarding the constitutional provisions and executive powers of the President and the Prime Minister of India are correct?

  1. The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court of law under Article 74(2).Answer
  2. B
    The President of India cannot promulgate an Ordinance under Article 123 when only one House of Parliament is in session.
  3. Under Article 78, it is the constitutional duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to Union administration and proposals for legislation.Answer
  4. D
    The Governor of a State enjoys concurrent power with the President under Article 161 to grant pardons for sentences awarded by a Court Martial.

Answer

The correct statements are the non-justiciability of ministerial advice tendered to the President under Article 74(2), and the constitutional obligation of the Prime Minister to communicate administrative decisions and legislative proposals to the President under Article 78.
The statement regarding Article 74(2) is correct because the Constitution explicitly prohibits courts from inquiring into advice tendered by Ministers to the President. Additionally, the statement on Article 78 is correct as it accurately captures the constitutional duty of the Prime Minister to inform the President of all cabinet decisions and legislative proposals.

Step-by-Step Solution

1
Examine the constitutional protection regarding ministerial advice to the President under Article 74(2).
Article 74(2) provides complete judicial immunity regarding advice tendered by Ministers to the President.
This safeguards executive confidentiality and maintains the parliamentary framework.
2
Analyze the conditions required for issuing an Ordinance under Article 123.
An Ordinance can be promulgated if either House of Parliament is prorogued or not in session, as lawmaking requires both Houses.
Claiming that both Houses must be out of session misinterprets parliamentary lawmaking prerequisites.
3
Evaluate the duties of the Prime Minister under Article 78.
Article 78(a) establishes a mandatory channel of communication where the Prime Minister must submit all decisions of the Council of Ministers to the President.
This ensures the Constitutional Head remains updated on governance and administrative affairs.
4
Compare pardoning powers regarding Court Martial sentences under Article 72 and Article 161.
Pardoning power over Court Martial sentences belongs exclusively to the President under Article 72; Governors under Article 161 do not possess this jurisdiction.
Military tribunals fall strictly under Union jurisdiction.

Key Concept

Constitutional Executive Powers and Nuances under Articles 72, 74, 78, 123, and 161
Estimated Time:2m 0s
Rate this question

Topics

Union Executive: President, Vice-President, PM, and Council of Ministers

More questions from this topic