Question

Which one of the following is not true?

• A. President of India appoints Chief of Army
• B. President of India is the supreme commander of the Defence Forces of India
• C. Prime Minister of India can promulgate national emergency
• D. Prime Minister nominates members of the council of ministers and the President formally appoints them.

Hint:

Remember that the President of India acts as the titular executive head and commands the armed forces, while the Prime Minister leads the council of ministers.
A National Emergency can only be proclaimed by the President after a written decision of the Union Cabinet under Article 352.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question requires us to identify the incorrect statement among those listed regarding the constitutional powers and appointments of the President and the Prime Minister of India.
We must analyze the specific articles in the Constitution that govern defense command, cabinet appointments, and emergency powers.


Step 2: Key Principle / Approach:
Under Part XVIII of the Constitution, specifically Article 352, the power to proclaim a National Emergency is vested solely in the President of India, acting on the written advice of the Union Cabinet.


Step 3: Detailed Explanation:

• Under Article 53(2) of the Indian Constitution, the supreme command of the Defence Forces of the Union is vested in the President.

• Consequently, the President appoints the heads of the Army, Navy, and Air Force, making statements (A) and (B) constitutionally correct.

• Under Article 75(1), the Prime Minister is appointed by the President, and other Ministers are appointed by the President on the advice of the Prime Minister, making statement (D) correct.

• Article 352 governs the proclamation of a National Emergency on the grounds of war, external aggression, or armed rebellion.

• This power is vested exclusively in the President of India.

• The Prime Minister alone cannot promulgate an emergency.

• Additionally, the 44th Amendment Act of 1978 mandated that the President can only proclaim a National Emergency after receiving a written recommendation from the entire Union Cabinet.

• Therefore, statement (C) is factually and constitutionally incorrect.



Step 4: Final Answer:
Statement (C) is incorrect, making it the correct option for this question.