In which of the following situations does the President act in his own discretion?

In appointing the Prime Minister

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In returning proposal to the Council of Ministers for reconsideration

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Both of the above

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None of the above

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Solution

The correct option is B In returning proposal to the Council of Ministers for reconsideration
The President constitutionally is bound to act in accordance with the aid and advice given to him by Council of ministers. After the 44th Amendment Act, 1978 the President is authorized to require the council of ministers to reconsider such advice. However, the reconsidered advice shall be binding.

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Similar questions

The Union Executive which consists of the President, Prime Minister and the Council of Ministers is a powerful body in a Parliament Democracy. In this context answer the following questions.

State the position of the Prime Minister and state any two of his powers in relation to the President.

On whose advice does the President appoint the Council of Ministers?

Q. When can a President use his descretion in appointing the Prime Minister?

Consider the following statements

1. The advice tendered by the Council of Ministers to the President cannot be enquired about in any court of law.

2. The 44^th amendment made it explicit that the President shall, "act in accordance with such advice

3. The total no of ministers, excluding the Prime Minister, in the central Council of Ministers shall not exceed 15% of the total strength of Lok Sabha

Which of the above statements is/are incorrect?

Q. The cabinet ministers are appointed by the President at his own discretion.

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