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CAPF AC 2021 Q93: Indian Polity – Union & State Executive

CAPF AC 2021, Paper I (General Ability and Intelligence) · Indian Polity

Which one of the following powers has not been conferred on the President of India?
  1. (a) Appointment of Prime Minister
  2. (b) To decide at his/her discretion any question regarding disqualification of a Member of the Parliament
  3. (c) To grant pardon to a person who has been punished by a court-martial
  4. (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.

PowerConferred?Article
Appoint the Prime MinisterYes75(1)
Decide disqualification of an MP at discretionNo103: must act on the Election Commission's opinion
Pardon a person punished by a court-martialYes72
Remove a High Court judgeYes217 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

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

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

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