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Question

Consider the following sentences about the Prime Minister of India.
1.
A person can be appointed as Prime Minister, even if he is not a member of either House of Parliament.
2. The President cannot give sanctions for the legal prosecution of the Prime Minister, unless his guilt is established by a court of law.
3. Prime Minister’s Office is an extra-constitutional body.
4. Executive council of India’s Nuclear Command Authority is headed by Prime Minister
Which of the above statement(s) is/are correct?


A
Only 1, 2 and 3
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B
Only 1 and 2
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C
Only 2, 3 and 4
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D
All of the above
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Solution

The correct option is B Only 1 and 2

Article 75(1) of the Constitution provides that the Prime Minister shall be appointed by the President. A person can be appointed as Prime Minister, even if he is not a member of either House of Parliament and may continue to be so up to a period of six months. Before the expiry of this period, he has to become a member of either the Council of States or the House of the People. Before entering upon office, the Prime Minister by virtue of Article 75(4) is required to take two types of oath - oath of office and oath of secrecy in the presence of the President.
The President cannot give sanctions for the legal prosecution of the Prime Minister, unless his guilt is established by a court of law. However, if the guilt is established, the President can order his prosecution under the Anti-Corruption Act. There has been no organised demand for prosecuting the Prime Minister so far.
The Prime Minister’s Secretariat was created in 1947 when India gained independence. The Secretariat was created for the immediate purpose of taking over the functions performed till then by the Secretary to the Governor-General, as the Prime Minister took over almost all functions which the Governor-General prior to independence, performed as the executive head of the Government. PMO is an extra-constitutional body that has no mention in the Indian Constitution. However, it was given the status of a department under the Government of India Allocation of Business Rules, 1961 thus became a statutory body. Since June 1977, it is known as Prime Minister’s Office and is headed by the Secretary to the Prime Minister who is now designated as the Principal Secretary to the Prime Minister. The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions.
About Nuclear Command Authority (NCA) is India’s nodal authority responsible for command, control and operational decisions regarding India’s nuclear weapons programme. It has Executive Council and Political Council. The NCA’s directives are executed by the Strategic Forces Command. The Executive Council is chaired by the National Security Adviser (NSA). It gives inputs to the Political Council, which authorises a nuclear attack if need be. The Political Council is chaired by the Prime Minister and is advised by the Executive Council. This separation of power mechanism prevents their accidental or unauthorised use


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