CAPF AC 2021 Q93: Indian Polity – Union & State Executive
- (a) Appointment of Prime Minister
- (b) To decide at his/her discretion any question regarding disqualification of a Member of the Parliament
- (c) To grant pardon to a person who has been punished by a court-martial
- (d) To remove a Judge of the High Court
Answer: (b) To decide at his/her discretion any question regarding disqualification of a Member of the Parliament
Explanation
Powers of the President
How to think: the catch is the phrase at his or her discretion.
The President does decide disqualification questions, but only according to the opinion of the Election Commission.
There is no discretion in it.
| Power | Conferred? | Article |
|---|---|---|
| Appoint the Prime Minister | Yes | 75(1) |
| Decide disqualification of an MP at discretion | No | 103: must act on the Election Commission's opinion |
| Pardon a person punished by a court-martial | Yes | 72 |
| Remove a High Court judge | Yes | 217 with 124(4): by order after an address by Parliament |
One more exception: disqualification for defection under the Tenth Schedule is decided by the Speaker or Chairman, not by the President.
Answer: (b).
Why each option is right or wrong
- (a) Incorrect. The President appoints the Prime Minister under Article 75(1).
- (b) CORRECT. Under Article 103 the President must follow the Election Commission's opinion; there is no discretion.
- (c) Incorrect. Article 72 lets the President pardon sentences passed by a court-martial.
- (d) Incorrect. A High Court judge is removed by an order of the President after Parliament's address.
Key point
Article 103: President decides MP disqualification under Article 102(1) after obtaining the Election Commission's opinion and shall act on it. Defection: Speaker or Chairman. Article 72: pardon covers court-martial and death sentences; the Governor's power (Article 161) does not cover court-martial.
Remember
Disqualification of MPs: President acts on the Election Commission's opinion.
Common mistakes
- Missing the words at his or her discretion in option (b).
- Thinking only Parliament, and not the President, formally removes a judge.
- Believing the President cannot pardon a court-martial sentence; only the Governor cannot.
Exam tip
Educated guess: the Indian President acts on advice in almost everything. A statement giving the President a free discretion over MPs is the one to suspect.
Sources
- Constitution of India — Articles 72, 75, 103, 124(4) and 217
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 4: Executive