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Answer

Correct Option is None of the above

The scheme of the parliamentary system of government-provided by the constitution, the President is the nominal executive authority (de jure executive) and Prime Minister is the real executive authority (de facto executive). Thus, the president is the head of the State while the Prime Minister is the head of the government. The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. Hence statement 1 is incorrect. Article 75 says only that the Prime Minister shall be appointed by the president. However, this does not imply that the president is free to appoint anyone as the Prime Minister. 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. 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 is appointed as the Prime Minister. The President may first appoint him the Prime Minister and then ask him to prove his majority in the Lok Sabha within a reasonable period. Hence statement 2 is incorrect.

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