Q. Consider the following Assertion and Reason based statements:
- Assertion (A): The President has no discretionary power under any circumstances.
- Reason (R): The President has a right to be informed of all important matters and deliberations of the Council of Ministers.
Which of the above is / are correct?
Answer:
A is incorrect but R is correct
Notes: A is incorrect but R is correct. Under the Constitutional provisions, there are instances where the President has to exercise his discretion. There are at least three situations where the President can exercise the powers using his own discretion. In the first place, we have already noted that the President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision. Secondly, the President also has veto power by which he can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament. Then, the third kind of discretion arises more out of political circumstances. Formally, the President appoints the Prime Minister. Normally, in the Parliamentary system, a leader who has the support of the majority in the Lok Sabha is appointed as Prime Minister and the question of discretion does not arise. Constitutionally, the President has a right to be informed of all important matters and deliberations of the Council of Ministers. The Prime Minister is obliged to furnish all the information that the President may call for. The President often writes to the Prime Minister and expresses his views on matters confronting the country.