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Question

Q. With reference to the Prime Minister of India, Consider the following statements:

Which of the statements given above are incorrect?


A
1 and 2 only
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B
2 and 3 only
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C
1 and 3 only
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D
1, 2 and 3
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Solution

The correct option is D 1, 2 and 3

Explanation:

Statement 1 is incorrect: Article 75 of the Indian Constitution says that the Prime Minister shall be appointed by the President. The term of the Prime Minister is not fixed and he holds office during the pleasure of the president. However, this does not mean that the president can dismiss the Prime Minister at any time. So long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President.

Statement 2 is incorrect: In 1997, the Supreme Court held that a person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should become a member of either House of Parliament; otherwise, he ceases to be the Prime Minister

Statement 3 is incorrect: In 1980, the Delhi High Court held that the Constitution does not require that a person must prove his majority in the Lok Sabha before he is appointed as the Prime Minister. The President may first appoint him the Prime Minister and then ask him to prove his majority in the Lok Sabha within a reasonable period.


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