Question

Under which Supreme Court judgment, action of the President to summon, prorogue and dissolve either of the houses of the parliament, shall be unconstitutional if acted without advice of Council of Ministers—

• A. Indira Gandhi Vs. Raj Narain A.I.R. 1975 S.C. 2299
• B. Anandan Vs. Chief Secretary, A.I.R. 1966 S.C 657
• C. Rao Vs. Indira Gandhi A.I.R. 1971 S.C. 1002
• D. None of the above

Hint:

The President of India is a constitutional head, bound by the advice of the Council of Ministers under Article 74.

Answer 1

The Correct Option is C

Step 1: Constitutional background.
Article 74 of the Constitution requires that the President acts on the aid and advice of the Council of Ministers.

Step 2: Judicial interpretation.
In Rao Vs. Indira Gandhi (1971), the Supreme Court clarified that the President cannot exercise powers like summoning, proroguing, or dissolving the House without the advice of the Council of Ministers.

Step 3: Importance.
This ruling reinforced the parliamentary form of government, limiting discretionary power of the President.

Step 4: Conclusion.
Hence, correct answer is (C).