Consider the following statements:

1.The Prime Minister of India must be a member of the Lok Sabha or the Rajya Sabha.

2.The President of India has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 73 of the Indian Constitution.

3.The Vice-President of India is ex officio Chairman of the Lok Sabha.

4.The Governor of a state in India is appointed by the President and holds office during the pleasure of the President.

Which of the statements above is/are correct?

Correct option is B

The correct answer is (b) 1 and 4 only

Explanation:

• According to Article 75 of the Indian Constitution, the Prime Minister must be a member of either of the two Houses of Parliament (Lok Sabha or Rajya Sabha). However, if the person appointed is not already a member of either house, they must become a member of either house within six months of being appointed.
• While the President does have the power to grant pardons, reprieves, respites, or remissions of punishment, Article 73 deals with the executive power of the Union, not this specific power. This power is explicitly given under Article 72 of the Indian Constitution.
• The Vice-President of India is the ex officio Chairman of the Rajya Sabha, not the Lok Sabha. The Speaker of the Lok Sabha holds the position of the ex officio Chairman of the Lok Sabha.
• According to Article 155 and Article 156 of the Indian Constitution, the Governor of a state is appointed by the President and holds office at the President's pleasure, meaning their tenure is not fixed, and they can be removed at any time.

Information Booster:

• Prime Minister's Membership Requirement: The Prime Minister must be a member of one of the Houses of Parliament to remain in office. If they are not a member, they must become one within six months of being appointed. This ensures they have the legitimacy and accountability that comes with being elected to a legislative body.
• Vice-President as Chairman of Rajya Sabha: As the ex officio Chairman of Rajya Sabha, the Vice-President has a significant role in the functioning of the upper house, particularly in maintaining order and presiding over debates.
• Governor's Role: The Governor’s tenure is not fixed and can be terminated at any time by the President, who also appoints them. The role of the Governor is largely ceremonial, with executive powers vested in the state cabinet led by the Chief Minister.

Pardoning Power – 

• Objective:
• To balance justice with mercy, correct judicial errors, and uphold public good.
• Articles in the Constitution:
• Article 72: President (Union level)
• Article 161: Governor (State level)

President’s Pardoning Powers (Article 72):

Applies to:

• Cases involving Union law.
• Court-martial cases.
• Death sentences.

Types of Pardoning Powers:

Governor’s Pardoning Powers (Article 161):

• Limited to offences under State laws.
• Cannot grant pardon in death sentence or court-martial cases (only the President can).