Whenever the Constitution of India confers power on the President of India to be exercised at his pleasure, the same has to be exercised on the aid and advice of the Union Council of Ministers EXCEPT the power to

Correct option is D

The correct option is (d) decide the question of disqualification of a member of Parliament under Article 102(1).

Explanation

While the President of India is generally bound by the "aid and advice" of the Union Council of Ministers (Article 74) for almost all executive actions, the Constitution provides specific exceptions where the President acts based on the advice of a different constitutional authority or exercises discretion.

• Article 103 (Decision on Disqualification): If a question arises whether a member of either House of Parliament has become subject to any disqualification (under Article 102), the matter is referred to the President. According to Article 103(2), the President must obtain the opinion of the Election Commission and shall act according to such opinion. This specifically overrides the requirement to follow the advice of the Council of Ministers, as the Election Commission is an independent body intended to ensure impartial decisions on electoral matters.

Why the other options are incorrect:

• (a) Grant pardon (Article 72): The Supreme Court has clarified in several cases (such as Maru Ram v. Union of India) that the power to grant pardons is an executive power and the President must act on the aid and advice of the Council of Ministers (specifically the Home Ministry). It is not a personal discretionary power.
• (b) Dismiss a public servant (Article 311): Although a civil servant holds office during the "pleasure of the President" (Article 310), the Supreme Court in the Samsher Singh case established that this "pleasure" is not the personal pleasure of the President but that of the Union Government. Therefore, the President acts on the advice of the Council of Ministers when dismissing a public servant.
• (c) Sanction to a bill (Article 304(b)): The requirement for the President's prior recommendation or subsequent sanction for certain state bills is a procedural check to ensure national economic unity. In exercising this power, the President acts on the advice of the Union Council of Ministers.