Correct Option
The correct option is 1, 2 and 3.
Explanation
Under Article 74 of the Constitution, the President of India acts on the aid and advice of the Council of Ministers. However, the President possesses certain discretionary powers-some derived explicitly or implicitly from the Constitution (Constitutional Discretion) and others arising from specific political exigencies (Situational Discretion).
Statement-wise Analysis
- Statement 1 is Correct: Under the proviso to Article 74(1) (inserted by the 44th Amendment Act, 1978), the President has the power to ask the Council of Ministers to reconsider the advice tendered to him. Exercising this option is a matter of the President's own judgment and discretion, although he is bound to act in accordance with the advice tendered after such reconsideration.
- Statement 2 is Correct: Under Article 111, the President has the power to withhold assent to a Bill passed by the Parliament (Absolute Veto) or keep it pending indefinitely (Pocket Veto). While this is usually exercised on ministerial advice, there are instances where discretion applies, such as with Private Member Bills or if a government falls before the assent is given and the new government advises against it. Furthermore, the Pocket Veto is purely a discretionary inaction.
- Statement 3 is Correct: This is an instance of Situational Discretion. When no political party or coalition secures a clear majority in the Lok Sabha (a "Hung Parliament"), or when a Prime Minister dies in office without an obvious successor, the President must use his own judgment to appoint a Prime Minister who, in his opinion, can prove a majority on the floor of the House.
Key Takeaway
The President's discretionary powers include the Suspensive Veto (returning bills/advice), Pocket Veto (withholding assent indefinitely), and Situational Discretion regarding the appointment of the Prime Minister or dissolution of the Lok Sabha when the government loses its majority.