Question

There shall be a Council ofMinisters with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice. Provided that the President may require the Council of Ministers to reconsider such advice….., 1.What does the term shall in the above passage signify? 2. Explain any two discretionary powers of the President. 3. Which Article is being referred in the above passage?​

Answer 1

Answer:

Explanation:

1. the President who shall in the exercise of his functions, act in accordance with such advice. Provided that the President may require the Council of Ministers to reconsider such advice…..,
2. The president can declare a state of emergency in the following cases: 1)if the governor of the concerned state advices to do so. ... This power of the President is known as discretionary power.
3. Per Article 78 of the constitution, the official communication between the union cabinet and the president are through the prime minister. Other wise constitution recognises the prime minister as a member of the union cabinet only outside the sphere of union cabinet.

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Answer 2

Answer:

1. Shall here indicates that the  advice is binding on the President. In view of the controversy about the  scope of the President’s powers, a specific mention was made in the  Constitution by an amendment that the advice of the Council of  Ministers will be binding on the President. By another amendment  made later, it was decided that the President can ask the Council of  Ministers to reconsider its advice but, has to accept the reconsidered  advice of the Council of Ministers.

2. There are Provisions of many Discretionary power of the president in Indian constitution, but exercising most of these are warranted by Council of Ministers i.e, Prime Minister, So there is very little room for President of India to act in his discretion in day to day business of the government, Still he can use his discretion in the following matters:

• Sending the bill passed by both houses for reconsideration (Excluding Money Bill and Constitutional Amendment Bill).
• Vetoing the bill - Withholding the bill.  
• Vetoing on State Legislatures' bill which are recommended by Governor of the state for Presidential Consideration.  
• Appointing the New Prime Minister in case of death of the PM in office or in case of hung Parliament.
• With holding the Promulgation of the Ordinance if he is of the feeling that the ordinance is of bad faith or affecting the national interest.
• When he seeks advice from the Supreme court, and after the advice tendered he can act upon his discretion.
• When PM or any Minister loses the 'No Confidence Motion', its up to his discretion to dissolve the Lower house or to look in to the alternative government farming while life of loksabha is intact

3. Article 74(1) is being referred in above passage

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Explanation:

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