Which one of the following powers has **not** been conferred on the President of India?
Appointment of Prime Minister
To decide at his/her discretion any question regarding disqualification of a Member of the Parliament
To grant pardon to a person who has been punished by a court-martial
To remove a Judge of the High Court
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CAPF – 2021
B) To decide at his/her discretion any question regarding disqualification of a Member of the Parliament: Regarding disqualification of a Member of Parliament under Article 102 (except disqualification under the Tenth Schedule which is decided by the Speaker/Chairman), the question is referred to the President. However, Article 103(2) mandates that the President shall obtain the opinion of the Election Commission of India and shall act according to such opinion. Therefore, the President does not decide this question *at his/her discretion*. The power to decide is conferred, but *without* discretion. The power *to decide at discretion* is not conferred.
C) To grant pardon to a person who has been punished by a court-martial: The President has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence under Article 72, including sentences by court-martial. This power is conferred.
D) To remove a Judge of the High Court: A Judge of a High Court can be removed from office by the President under Article 217(1)(b) read with Article 124(4). The removal process is initiated in Parliament, and an address by each House must be presented to the President in the same session for the President to issue the removal order. While the President issues the final order, the substantive power and decision-making process reside with Parliament. However, the *power to remove* (as the final executive act) is conferred on the President, albeit conditionally.
Comparing B and D, option B specifically highlights a power *at discretion* which is absent, making it the most accurate answer to the question asking which power *has not been conferred*. The power to decide disqualification under Art 102 *is* conferred on the President, but the associated discretion is not.
– President decides on MP disqualification (under Art 102), but *must* act on ECI’s advice, thus lacking discretion.
– The question asks for a power not conferred or not conferred in the manner described (at discretion).