Q. Consider the following statements:
1. The Council of ministers does not cease to hold office even after the dissolution of the Lok Sabha.
2. The dissolution of Lok Sabha by the President can be challenged in the Supreme Court of India.
Which of the statements given above is/are correct?
Exp) Option a is the correct answer.
Statement 1 is correct: Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. In 1971, the Supreme Court held that ‘even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office. Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers.
Statement 2 is incorrect: The dissolution of the House through Presidential proclamation cannot be challenged in courts is held by Supreme Court in 2004. Supreme Court said that it has been in consistent constitutional practice that Prime Minister had the sole prerogative to recommend dissolution of Lok Sabha to the President.
| Important Tips The Lok Sabha is the lower house of India’s bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. |
