Q. Consider the following statements regarding appointment of Prime Minister:
1. The Constitution contains specific procedure for the selection and appointment of the Prime Minister.
2. When no party has a clear majority in the Lok Sabha, then the President may exercise his/her discretion in the selection and appointment of the Prime Minister.
3. The Constitution does not require that a person must prove his majority in the Lok Sabha before he/she is appointed as the Prime Minister.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect. The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president.
Statement 2 is correct. In accordance with the conventions of the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister. But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal discretion in the selection and appointment of the Prime Minister.
Statement 3 is correct. In 1980, the Delhi High Court held that the Constitution does not require that a person must prove his majority in the Lok Sabha before he/she is appointed as the Prime Minister.