What are the exceptions when the President of India is not bound by the aid and advice of the Council of Ministers?

ADVERTISEMENTS:

There are certain exceptions when the President of India is not bound by the aid and advice of the Council of Ministers. In such cases, the President can work using his own discretionary powers.

These exceptional situations are mentioned below:

(1) According to Art. 74 and Art 111, President can seek reconsideration of an issue from the Council of Ministers.

ADVERTISEMENTS:

(2) The President on his own decision can ask for information about the workings of the government from the Prime Minister according to Art. 78.

(3) If we combine Art. 74 and Art. 75, then it becomes clear that the Council of Ministers is answerable to the Lok Sabha. If any government loses support of the Lok Sabha then it is supposed that President is not compelled to work according to the aid and advice of the Council of Ministers of the government concerned.

(4) If after the Lok Sabha election, majority is not obtained by any party, then the President uses his discretionary power to choose the Prime Minister. In 1996 majority was not clear so the President used his discretionary power. There is another option available, that even in the situation when majority is not clearly determined and somebody has been made the Prime Minister then the President can ask to prove his majority within a limited time period.

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