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All questions of Union Executive (The President & Vice-President) for BPSC (Bihar) Exam
Consider the following statements about the administrative setup of the Government of India.1. The President's Ministries/Departments are created by the President on the prime minister's advice.2. Each of the Ministries is assigned to a Minister by the President on the prime minister's advice.3. The rules for the government of India's allocation of business are made by the President.Select the correct answer using the codes below, - a) 1 and 2 only
- b) 3 only
- c) 2 and 3 only
- d) 1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements about the administrative setup of the Government of India.
1. The President's Ministries/Departments are created by the President on the prime minister's advice.
2. Each of the Ministries is assigned to a Minister by the President on the prime minister's advice.
3. The rules for the government of India's allocation of business are made by the President.
Select the correct answer using the codes below,
a)
1 and 2 only
b)
3 only
c)
2 and 3 only
d)
1, 2 and 3
|
Ojasvi Mehta answered |
All the statements are correct.
The Vice-President of India may be removed from his office by
- a)Impeachment
- b)A resolution passed by Lok Sabha and Rajya Sabha with a two-thirds majority
- c)A resolution passed with a two-thirds majority in a joint session of Parliament
- d)A resolution passed by Rajya Sabha with simple majority and agreed to by 50% members of Lok Sabha
Correct answer is option 'D'. Can you explain this answer?
The Vice-President of India may be removed from his office by
a)
Impeachment
b)
A resolution passed by Lok Sabha and Rajya Sabha with a two-thirds majority
c)
A resolution passed with a two-thirds majority in a joint session of Parliament
d)
A resolution passed by Rajya Sabha with simple majority and agreed to by 50% members of Lok Sabha
|
Vikram Kapoor answered |
The Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the members of the Council and agreed to by the House of the People. No such resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
Which of the following bills can be introduced only with the permission of the President?
- a)Finance bills
- b)Constitution amendment bills
- c)Bills related to defence procurements
- d)Impeachment of the judges
Correct answer is option 'A'. Can you explain this answer?
Which of the following bills can be introduced only with the permission of the President?
a)
Finance bills
b)
Constitution amendment bills
c)
Bills related to defence procurements
d)
Impeachment of the judges
|
Pooja Shah answered |
The Correct Answer is B: Constitution Amendment Bills
-
There are some bills which require the prior recommendation of the President before their introduction in the Parliament. These bills are:
Bill that seeks to alter the boundaries of the states and names of the states. Money Bill & Finance Bill. State Bills which impose the restrictions upon freedom of trade. Any bill which affects the taxation in which the states are interested.
Consider the following statements.
1. The President can reject a Money Bill.
2. He can also return the Money bill for Reconsideration.
Which of these statements is/are correct.
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)Neither 1 or 2
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements.
1. The President can reject a Money Bill.
2. He can also return the Money bill for Reconsideration.
Which of these statements is/are correct.
a)
1 Only
b)
2 Only
c)
Both 1 and 2
d)
Neither 1 or 2
|
Neha Joshi answered |
-
In the context of a Money Bill in the Indian parliamentary system, let's evaluate the given statements:1. The President can reject a Money Bill.
- This statement is incorrect. The President cannot reject a Money Bill. According to the Indian Constitution the President must either give assent or withhold it, but withholding is not considered rejection2. He can also return the Money Bill for reconsideration.
- This statement is also incorrect. Unlike other bills, a Money Bill cannot be returned by the President for reconsideration. The President can only recommend amendments to an Ordinary Bill, but for a Money Bill, the President must either give assent or withhold assent.Therefore, the correct answer is:4. Neither 1 nor 2
The Indian President, head of the State, is not elected directly by India's people. He is elected by members of an electoral college consisting of
1. Former Presidents
2. Bharat Rama Awardees
3. All Members of Parliament (MPs)
4. All Members of Legislative Assemblies of all states (MLAs)
5. All Members of Legislative Councils of states where applicable (MLCs)
Q. Select the correct answer using the codes below,
- a)3 and 4 only
- b)1, 2 and 3 only
- c)None
- d)3, 4 and 5 only
Correct answer is option 'D'. Can you explain this answer?
The Indian President, head of the State, is not elected directly by India's people. He is elected by members of an electoral college consisting of
1. Former Presidents
2. Bharat Rama Awardees
3. All Members of Parliament (MPs)
4. All Members of Legislative Assemblies of all states (MLAs)
5. All Members of Legislative Councils of states where applicable (MLCs)
Q. Select the correct answer using the codes below,
a)
3 and 4 only
b)
1, 2 and 3 only
c)
None
d)
3, 4 and 5 only
|
|
Neha Joshi answered |
Explanation: The President of India is elected by an electoral college consisting of elected members of Parliament (MPs), elected members of Legislative Assemblies of all states (MLAs), and elected members of Legislative Councils of states where applicable (MLCs). Former Presidents and Bharat Ratna awardees do not participate in the election process.
Which of the following is/are correctly matched?
1. Absolute Veto - withholding of assent to the Bill passed by the Legislature
2. Suspensive Veto - taking no action on the Bill passed by the legislature
3. Qualified Veto - which can be overridden by the legislature with a higher majority
Choose from the following options.
- a)1 Only
- b)1 and 2 Only
- c)All of them
- d)1 and 3 Only
Correct answer is option 'D'. Can you explain this answer?
Which of the following is/are correctly matched?
1. Absolute Veto - withholding of assent to the Bill passed by the Legislature
2. Suspensive Veto - taking no action on the Bill passed by the legislature
3. Qualified Veto - which can be overridden by the legislature with a higher majority
2. Suspensive Veto - taking no action on the Bill passed by the legislature
3. Qualified Veto - which can be overridden by the legislature with a higher majority
Choose from the following options.
a)
1 Only
b)
1 and 2 Only
c)
All of them
d)
1 and 3 Only
|
Amit Sharma answered |
The veto power enjoyed by the executive in modern states can be classified into the following four types:
1. Absolute veto, that is, withholding of assent to the bill passed by the legislature.
2. Qualified veto, which can be overridden by the legislature with a higher majority.
3. Suspensive veto, which can be overridden by the legislature with an ordinary majority.
4. Pocket veto, that is, taking no action on the bill passed by the legislature. Of the above four, the President of India is vested with a three-absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President; it is possessed by the American President.
The financial powers and functions of the President are:
1. Money bills can be introduced in the Parliament only with his prior recommendation.
2. He causes to be laid before the Parliament the annual financial statement
3. No demand for a grant can be made except on his recommendation.
4. He can make advances out of the consolidated fund of India to meet any unforeseen expenditure.
Which of these statements is/are correct?
- a)1, 2 and 4 only
- b)1, 3 and 4 only
- c)1, 2 and 3 only
- d) All of them
Correct answer is option 'C'. Can you explain this answer?
The financial powers and functions of the President are:
1. Money bills can be introduced in the Parliament only with his prior recommendation.
2. He causes to be laid before the Parliament the annual financial statement
3. No demand for a grant can be made except on his recommendation.
4. He can make advances out of the consolidated fund of India to meet any unforeseen expenditure.
Which of these statements is/are correct?
a)
1, 2 and 4 only
b)
1, 3 and 4 only
c)
1, 2 and 3 only
d)
All of them
|
|
Ojasvi Mehta answered |
Power in respect of Bill
1) When both the houses pass the Bill by the majority and send the Bill to the President of India for his assent, he can give his assent or withhold his assent and sent back the bill to the houses. But is both the houses pass the bill without any change, it will become obligatory to the President of India to give his assent. In case of a simple bill, he can keep it with himself without accepting or rejecting it for an unlimited period of time. This power of president is known as a pocket veto.
Further as per Article 200, In some cases, the Bills presented to the Governor by the State Legislature may be reserved by the Governor for the consideration of the president if that bill is not money bill of the State legislature. The President can accept it or tell the Governor to send it back for reconsideration or he may direct him to not send it back.
2) No money Bill can be introduced without the prior permission of the President of India. As indicated by the Constitution of India, the Annual Financial Statement is set by the President before both the Houses of Parliament.
3) Article 113 prescribes that no demand for grants can be presented in the Lok Sabha without the President of India's prior approval. Under Articles 117 and 274 of the Indian Constitution, a Presidential recommendation is also required for tabling a Money Bill in the Lok Sabha.
4)Parliament may by law establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of India into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the President to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under Article 115 or Article 116
Consider the following about the powers of the President of India.1. He can appoint an inter-state council to promote Centre-state and inter-state cooperation.2. He directly administers the union territories through administrators appointed by him.3. He can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas.Select the correct answer using the codes below,- a) 1 and 2 only
- b) 2 and 3 only
- c) 1 and 3 only
- d) 1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Consider the following about the powers of the President of India.
1. He can appoint an inter-state council to promote Centre-state and inter-state cooperation.
2. He directly administers the union territories through administrators appointed by him.
3. He can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas.
Select the correct answer using the codes below,
a)
1 and 2 only
b)
2 and 3 only
c)
1 and 3 only
d)
1, 2 and 3
|
Gargi Sengupta answered |
The Powers of the President of India
The President of India is the head of state and the commander-in-chief of the Indian Armed Forces. The powers of the President of India are listed in the Constitution of India. Let's discuss the powers of the President of India in detail.
Appointment of Inter-state Council
The President of India can appoint an inter-state council to promote Centre-state and inter-state cooperation. The inter-state council is a constitutional body that was set up in 1990 to promote cooperation between states and the Centre. The council is headed by the Prime Minister and has chief ministers of all the states and Union Territories as members. The council discusses issues related to Centre-state relations and inter-state relations and makes recommendations to the Centre and states. The President has the power to appoint the members of the council and can also dissolve the council.
Direct Administration of Union Territories
The President of India directly administers the union territories through administrators appointed by him. India has seven union territories, and the President appoints an administrator for each of them. The administrator is responsible for the administration of the union territory and reports directly to the President. The administrator has the power to make laws for the union territory, subject to the approval of the President.
Powers Concerning the Administration of Scheduled Areas and Tribal Areas
The President of India can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas. A scheduled area is an area in which the tribal population is in the majority or in which the tribal population is significantly higher than the rest of the population. The President has the power to declare an area as a scheduled area and can also make regulations for the administration of scheduled areas. The President can also nominate members to the advisory council for the welfare of the scheduled tribes.
Conclusion
In conclusion, the powers of the President of India are significant, and the President plays a crucial role in the governance of the country. The President has the power to appoint an inter-state council, directly administer union territories, and has powers concerning the administration of scheduled areas and tribal areas. These powers ensure that the President can effectively carry out his duties and responsibilities as the head of state.
The President of India is the head of state and the commander-in-chief of the Indian Armed Forces. The powers of the President of India are listed in the Constitution of India. Let's discuss the powers of the President of India in detail.
Appointment of Inter-state Council
The President of India can appoint an inter-state council to promote Centre-state and inter-state cooperation. The inter-state council is a constitutional body that was set up in 1990 to promote cooperation between states and the Centre. The council is headed by the Prime Minister and has chief ministers of all the states and Union Territories as members. The council discusses issues related to Centre-state relations and inter-state relations and makes recommendations to the Centre and states. The President has the power to appoint the members of the council and can also dissolve the council.
Direct Administration of Union Territories
The President of India directly administers the union territories through administrators appointed by him. India has seven union territories, and the President appoints an administrator for each of them. The administrator is responsible for the administration of the union territory and reports directly to the President. The administrator has the power to make laws for the union territory, subject to the approval of the President.
Powers Concerning the Administration of Scheduled Areas and Tribal Areas
The President of India can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas. A scheduled area is an area in which the tribal population is in the majority or in which the tribal population is significantly higher than the rest of the population. The President has the power to declare an area as a scheduled area and can also make regulations for the administration of scheduled areas. The President can also nominate members to the advisory council for the welfare of the scheduled tribes.
Conclusion
In conclusion, the powers of the President of India are significant, and the President plays a crucial role in the governance of the country. The President has the power to appoint an inter-state council, directly administer union territories, and has powers concerning the administration of scheduled areas and tribal areas. These powers ensure that the President can effectively carry out his duties and responsibilities as the head of state.
Which of the following comes under the judicial powers of the President of India?
1. Appointment of the judges of the Supreme Court of India.
2. Pardoning a death sentence.
3. Deciding on whether a bill should be sent for reconsideration to the concerned state legislature.
Choose the correct answer using the codes below:
- a)1 and 2
- b)2 and 3
- c)1 and 3
- d)All of the above
Correct answer is option 'A'. Can you explain this answer?
Which of the following comes under the judicial powers of the President of India?
1. Appointment of the judges of the Supreme Court of India.
2. Pardoning a death sentence.
3. Deciding on whether a bill should be sent for reconsideration to the concerned state legislature.
Choose the correct answer using the codes below:
a)
1 and 2
b)
2 and 3
c)
1 and 3
d)
All of the above
|
Anmol Kumar answered |
Judicial powers of the President of India
The President of India is the head of the Indian judiciary and exercises various judicial powers. The correct option is (a) 1 and 2. Let's understand these powers in detail:
1. Appointment of judges of the Supreme Court of India:
The President of India has the power to appoint the judges of the Supreme Court of India. This power is exercised in consultation with the Chief Justice of India and other senior judges of the Supreme Court.
2. Pardoning a death sentence:
The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This power is exercised under Article 72 of the Indian Constitution.
3. Sending a bill for reconsideration to the concerned state legislature:
This power is not a judicial power of the President of India. It falls under the legislative powers of the President. The President can send a bill passed by the state legislature for reconsideration. However, the President cannot reject or amend the bill.
Conclusion:
Thus, the correct option is (a) 1 and 2. The President of India has the power to appoint judges of the Supreme Court and to grant pardon or reprieve in case of death sentence.
The President of India is the head of the Indian judiciary and exercises various judicial powers. The correct option is (a) 1 and 2. Let's understand these powers in detail:
1. Appointment of judges of the Supreme Court of India:
The President of India has the power to appoint the judges of the Supreme Court of India. This power is exercised in consultation with the Chief Justice of India and other senior judges of the Supreme Court.
2. Pardoning a death sentence:
The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This power is exercised under Article 72 of the Indian Constitution.
3. Sending a bill for reconsideration to the concerned state legislature:
This power is not a judicial power of the President of India. It falls under the legislative powers of the President. The President can send a bill passed by the state legislature for reconsideration. However, the President cannot reject or amend the bill.
Conclusion:
Thus, the correct option is (a) 1 and 2. The President of India has the power to appoint judges of the Supreme Court and to grant pardon or reprieve in case of death sentence.
Consider the following pairs:1. Executive Authority - Appointment of Prime Minister2. Legislative Authority - Summoning and proroguing Parliament3. Financial Authority - Presentation of the annual financial statement (Union Budget)4. Judicial Authority - Authority to grant pardonsHow many pairs given above are correctly matched?- a)Only one pair
- b)Only two pairs
- c)All four pairs
- d)Only three pairs
Correct answer is option 'C'. Can you explain this answer?
Consider the following pairs:
1. Executive Authority - Appointment of Prime Minister
2. Legislative Authority - Summoning and proroguing Parliament
3. Financial Authority - Presentation of the annual financial statement (Union Budget)
4. Judicial Authority - Authority to grant pardons
How many pairs given above are correctly matched?
a)
Only one pair
b)
Only two pairs
c)
All four pairs
d)
Only three pairs
|
Aarya Pillai answered |
Understanding the Pairs
To analyze the correctness of the pairs provided, we need to examine each one in the context of the Indian Constitution and the roles assigned to different authorities.
1. Executive Authority - Appointment of Prime Minister
- The President of India has the executive authority to appoint the Prime Minister. This pair is correctly matched.
2. Legislative Authority - Summoning and proroguing Parliament
- The President also possesses the power to summon and prorogue Parliament sessions. This pair is correctly matched.
3. Financial Authority - Presentation of the annual financial statement (Union Budget)
- The responsibility of presenting the Union Budget lies with the Finance Minister, who presents it in Parliament. However, the authority to do so is derived from the Union Government, making this pair also correctly matched.
4. Judicial Authority - Authority to grant pardons
- The power to grant pardons is vested in the President under Article 72 of the Constitution. Therefore, this pair is also correctly matched.
Conclusion
- All four pairs given in the question are accurate representations of the powers assigned to their respective authorities. Thus, the correct answer is option 'C' - All four pairs are correctly matched.
This understanding is crucial for UPSC aspirants, as it reflects the distribution of powers within the Indian government framework.
To analyze the correctness of the pairs provided, we need to examine each one in the context of the Indian Constitution and the roles assigned to different authorities.
1. Executive Authority - Appointment of Prime Minister
- The President of India has the executive authority to appoint the Prime Minister. This pair is correctly matched.
2. Legislative Authority - Summoning and proroguing Parliament
- The President also possesses the power to summon and prorogue Parliament sessions. This pair is correctly matched.
3. Financial Authority - Presentation of the annual financial statement (Union Budget)
- The responsibility of presenting the Union Budget lies with the Finance Minister, who presents it in Parliament. However, the authority to do so is derived from the Union Government, making this pair also correctly matched.
4. Judicial Authority - Authority to grant pardons
- The power to grant pardons is vested in the President under Article 72 of the Constitution. Therefore, this pair is also correctly matched.
Conclusion
- All four pairs given in the question are accurate representations of the powers assigned to their respective authorities. Thus, the correct answer is option 'C' - All four pairs are correctly matched.
This understanding is crucial for UPSC aspirants, as it reflects the distribution of powers within the Indian government framework.
Consider the following statements:1. Impeachment of the President can be initiated for "violation of the Constitution."2. A two-thirds majority vote in both houses of Parliament is required for the removal of the President.3. The charges for impeachment must be signed by half of the members of either house of Parliament.Which of the statements given above is/are correct?- a)1 Only
- b)1 and 2 Only
- c)2 and 3 Only
- d)1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
Consider the following statements:
1. Impeachment of the President can be initiated for "violation of the Constitution."
2. A two-thirds majority vote in both houses of Parliament is required for the removal of the President.
3. The charges for impeachment must be signed by half of the members of either house of Parliament.
Which of the statements given above is/are correct?
a)
1 Only
b)
1 and 2 Only
c)
2 and 3 Only
d)
1, 2 and 3
|
K.L Institute answered |
- Statement 1 is correct. Impeachment of the President can be initiated for "violation of the Constitution."
- Statement 2 is correct. For the removal of the President, a two-thirds majority vote in both houses of Parliament is required.
- Statement 3 is incorrect. The charges for impeachment must be signed by one-fourth, not half, of the members of either house of Parliament.
Consider the following statements.1. Constitutional Amendment Bill can be rejected by the president2. Constitutional Amendment Bill can also be returned by him for ReconsiderationWhich of these statements is/are correct.Ans. (d)- a) 1 Only
- b) 2 Only
- c) Both 1 and 2
- d) None of them
Correct answer is option ''. Can you explain this answer?
Consider the following statements.
1. Constitutional Amendment Bill can be rejected by the president
2. Constitutional Amendment Bill can also be returned by him for Reconsideration
Which of these statements is/are correct.
Ans. (d)
a)
1 Only
b)
2 Only
c)
Both 1 and 2
d)
None of them
|
Tainyiu Neyshiu answered |
C
Consider a situation where the Prime Minister wants to impose 'President's rule' in one State because the State government has failed to curb atrocities against the Dalits in that State effectively. The President disagrees wholeheartedly on signing the order. Which of the following courses of action are available to the President?1. Tell the Prime Minister that he will not sign an order promulgating President's rule.2. Make a press statement about how the Prime Minister is wrong.3. Discuss the matter with the Prime Minister and dissuade him from taking this action, but if he insists, agree to sign the said order.Choose the correct answer using the codes below. - a) 1 only
- b) 2 and 3
- c) 1 and 3
- d) 3 only
Correct answer is option 'D'. Can you explain this answer?
Consider a situation where the Prime Minister wants to impose 'President's rule' in one State because the State government has failed to curb atrocities against the Dalits in that State effectively. The President disagrees wholeheartedly on signing the order. Which of the following courses of action are available to the President?
1. Tell the Prime Minister that he will not sign an order promulgating President's rule.
2. Make a press statement about how the Prime Minister is wrong.
3. Discuss the matter with the Prime Minister and dissuade him from taking this action, but if he insists, agree to sign the said order.
Choose the correct answer using the codes below.
a)
1 only
b)
2 and 3
c)
1 and 3
d)
3 only
|
|
Amit Kumar answered |
- Here again, Article 74(1) comes in the picture. Because of the controversy about the president's powers' scope, a specific mention was made in the Constitution by an amendment that the Council of Ministers' advice will be binding on the President. By another amendment made later, it was decided that the President can ask the Council of Ministers to reconsider its advice but has to accept the reconsidered advice of the Council of Ministers (the Prime Minister representing them in this case).
The President is bound by the aid and advice tendered by the Council of Ministers. This provision is- a)Mandated by Representation of People of India Act
- b)Mandated by a Constitutional amendment
- c)An executive precedent followed since Independence
- d) Enshrined in the Constitution of India
Correct answer is option 'D'. Can you explain this answer?
The President is bound by the aid and advice tendered by the Council of Ministers. This provision is
a)
Mandated by Representation of People of India Act
b)
Mandated by a Constitutional amendment
c)
An executive precedent followed since Independence
d)
Enshrined in the Constitution of India
|
Saptarshi Banerjee answered |
The Provision Explained
The statement that "The President is bound by the aid and advice tendered by the Council of Ministers" is a fundamental principle enshrined in the Constitution of India.
Constitutional Basis
- This provision is articulated in Article 74 of the Indian Constitution.
- It states that the President shall act according to the advice of the Council of Ministers, which is headed by the Prime Minister.
Implications of the Provision
- The President serves primarily as a ceremonial figurehead, with real executive power resting with the Council of Ministers.
- This ensures that the government operates democratically, with elected representatives making decisions, rather than leaving them solely to the President.
Separation of Powers
- This provision reflects the separation of powers within the Indian political system.
- The Council of Ministers is responsible for the day-to-day administration, while the President's role is mainly to execute the decisions made by the Council.
Accountability
- The Council of Ministers is accountable to the Lok Sabha (House of the People), ensuring that the President's actions align with the elected representatives' decisions.
- This accountability strengthens the democratic framework of the country.
Conclusion
- Thus, the correct answer to the question is option 'D', as this provision is indeed enshrined in the Constitution of India, establishing the foundational relationship between the President and the Council of Ministers.
The statement that "The President is bound by the aid and advice tendered by the Council of Ministers" is a fundamental principle enshrined in the Constitution of India.
Constitutional Basis
- This provision is articulated in Article 74 of the Indian Constitution.
- It states that the President shall act according to the advice of the Council of Ministers, which is headed by the Prime Minister.
Implications of the Provision
- The President serves primarily as a ceremonial figurehead, with real executive power resting with the Council of Ministers.
- This ensures that the government operates democratically, with elected representatives making decisions, rather than leaving them solely to the President.
Separation of Powers
- This provision reflects the separation of powers within the Indian political system.
- The Council of Ministers is responsible for the day-to-day administration, while the President's role is mainly to execute the decisions made by the Council.
Accountability
- The Council of Ministers is accountable to the Lok Sabha (House of the People), ensuring that the President's actions align with the elected representatives' decisions.
- This accountability strengthens the democratic framework of the country.
Conclusion
- Thus, the correct answer to the question is option 'D', as this provision is indeed enshrined in the Constitution of India, establishing the foundational relationship between the President and the Council of Ministers.
In the matter of State legislation, the President may
- a)exercise only suspensive veto power
- b)may withhold assent to any bill reserved for his consideration except money bills
- c)withhold his assent to any bill reserved for his consideration
- d)directly disallow any bill which he considers anti-national
Correct answer is option 'C'. Can you explain this answer?
In the matter of State legislation, the President may
a)
exercise only suspensive veto power
b)
may withhold assent to any bill reserved for his consideration except money bills
c)
withhold his assent to any bill reserved for his consideration
d)
directly disallow any bill which he considers anti-national
|
|
Kavya Datta answered |
Explanation:
According to Article 111 of the Indian Constitution, when a bill is passed by both houses of Parliament, it is presented to the President for his assent. The President can do the following:
1. Give his assent: If the President gives his assent, the bill becomes an act and comes into force.
2. Withhold his assent: If the President withholds his assent, the bill is dropped, and it does not become an act.
3. Return the bill for reconsideration: If the President returns the bill for reconsideration, the Parliament can make changes to the bill and pass it again. If the bill is passed again and presented to the President, he must give his assent.
4. Exercise suspensive veto power: If the President exercises suspensive veto power, he can withhold his assent to the bill for a maximum of six months. If the bill is not passed again by Parliament in the meantime, it lapses.
However, the President cannot withhold his assent to a money bill. A money bill is a bill that deals with taxation, borrowing of money by the government, or expenditure from the Consolidated Fund of India. It is deemed to be passed by both houses of Parliament if it is passed by the Lok Sabha (the lower house of Parliament) and transmitted to the Rajya Sabha (the upper house of Parliament) within 14 days. The Rajya Sabha can only make recommendations on the bill, and the Lok Sabha can either accept or reject these recommendations. The President cannot return a money bill for reconsideration.
Thus, in the matter of State legislation, the President may withhold his assent to any bill reserved for his consideration except money bills.
According to Article 111 of the Indian Constitution, when a bill is passed by both houses of Parliament, it is presented to the President for his assent. The President can do the following:
1. Give his assent: If the President gives his assent, the bill becomes an act and comes into force.
2. Withhold his assent: If the President withholds his assent, the bill is dropped, and it does not become an act.
3. Return the bill for reconsideration: If the President returns the bill for reconsideration, the Parliament can make changes to the bill and pass it again. If the bill is passed again and presented to the President, he must give his assent.
4. Exercise suspensive veto power: If the President exercises suspensive veto power, he can withhold his assent to the bill for a maximum of six months. If the bill is not passed again by Parliament in the meantime, it lapses.
However, the President cannot withhold his assent to a money bill. A money bill is a bill that deals with taxation, borrowing of money by the government, or expenditure from the Consolidated Fund of India. It is deemed to be passed by both houses of Parliament if it is passed by the Lok Sabha (the lower house of Parliament) and transmitted to the Rajya Sabha (the upper house of Parliament) within 14 days. The Rajya Sabha can only make recommendations on the bill, and the Lok Sabha can either accept or reject these recommendations. The President cannot return a money bill for reconsideration.
Thus, in the matter of State legislation, the President may withhold his assent to any bill reserved for his consideration except money bills.
Consider the following statements:
Statement-I:
The Vice-President of India can hold office beyond 5 years until a successor takes charge.
Statement-II:
The Vice-President of India can be reelected any number of times.
Which one of the following is correct in respect of the above statements?
- a)Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- b)Statement-I is correct, but Statement-II is incorrect
- c)Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
- d)Statement-I is incorrect, but Statement-II is correct
Correct answer is option 'C'. Can you explain this answer?
Consider the following statements:
Statement-I:
The Vice-President of India can hold office beyond 5 years until a successor takes charge.
Statement-II:
The Vice-President of India can be reelected any number of times.
Which one of the following is correct in respect of the above statements?
The Vice-President of India can hold office beyond 5 years until a successor takes charge.
Statement-II:
The Vice-President of India can be reelected any number of times.
Which one of the following is correct in respect of the above statements?
a)
Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
b)
Statement-I is correct, but Statement-II is incorrect
c)
Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
d)
Statement-I is incorrect, but Statement-II is correct
|
|
K.L Institute answered |
Statement-I is accurate as per the provisions mentioned in the Term of Office & Emoluments section for the Vice-President of India. The Vice-President can indeed hold office beyond 5 years until a successor takes charge. This aligns with the information provided.
However, Statement-II is incorrect based on the same source material. The Vice-President of India cannot be reelected any number of times. While there is no specific limit mentioned, there is an implicit understanding that there are practical and political considerations that would likely prevent indefinite reelections. Therefore, Statement-II is inaccurate.
Thus, the correct answer is option (c): Statement-I is correct, but Statement-II is incorrect.
In which of the following situations can the President exercise discretionary powers?
1. Asking the Council of Ministers to reconsider the advice tendered to him
2. Pocket veto in case of Parliamentary legislation
3. In appointing the Prime Minister when no political party can prove a clear majority
Choose the correct answer using the codes below:
- a)1 and 2
- b)2 and 3
- c)1 and 3
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
In which of the following situations can the President exercise discretionary powers?
1. Asking the Council of Ministers to reconsider the advice tendered to him
2. Pocket veto in case of Parliamentary legislation
3. In appointing the Prime Minister when no political party can prove a clear majority
Choose the correct answer using the codes below:
a)
1 and 2
b)
2 and 3
c)
1 and 3
d)
All of the above
|
Master Training Institute answered |
Discretionary Powers of the President
The President of a country holds certain discretionary powers that allow them to exercise their judgment and take independent actions in specific situations. In the case of India, the President has discretionary powers in various scenarios. Let's discuss each of the situations mentioned in the question:
1. Asking the Council of Ministers to reconsider the advice tendered to him:
- The President can exercise discretionary powers by seeking reconsideration of the advice given by the Council of Ministers.
- This power enables the President to review and reassess the recommendations and decisions put forward by the Council of Ministers before giving his final assent or taking any action.
- By doing so, the President can ensure that the advice given is in the best interest of the nation and aligns with the constitutional provisions.
2. Pocket veto in case of Parliamentary legislation:
- The President can utilize a pocket veto when it comes to parliamentary legislation.
- A pocket veto is a power that allows the President to indirectly veto a bill by not giving his assent within a specified time frame.
- If the President does not take any action on a bill passed by Parliament within a particular period (generally six weeks), it is considered as a pocket veto.
- Through this discretionary power, the President can effectively prevent the enactment of a bill if he deems it necessary.
3. Appointing the Prime Minister when no political party can prove a clear majority:
- In situations where no political party can demonstrate a clear majority in the Parliament, the President exercises discretionary powers in appointing the Prime Minister.
- The President weighs various factors, including the support extended by different political parties, the ability to form a stable government, and the overall political landscape, while making this decision.
- By exercising this power, the President plays a crucial role in ensuring the formation of a government that can effectively govern and maintain stability.
Conclusion:
Considering the situations mentioned in the question, all of them fall under the discretionary powers of the President of India. The President can exercise discretion in asking the Council of Ministers to reconsider their advice, utilizing a pocket veto for parliamentary legislation, and appointing the Prime Minister when no political party can prove a clear majority. Therefore, the correct answer is option D: All of the above.
The President of a country holds certain discretionary powers that allow them to exercise their judgment and take independent actions in specific situations. In the case of India, the President has discretionary powers in various scenarios. Let's discuss each of the situations mentioned in the question:
1. Asking the Council of Ministers to reconsider the advice tendered to him:
- The President can exercise discretionary powers by seeking reconsideration of the advice given by the Council of Ministers.
- This power enables the President to review and reassess the recommendations and decisions put forward by the Council of Ministers before giving his final assent or taking any action.
- By doing so, the President can ensure that the advice given is in the best interest of the nation and aligns with the constitutional provisions.
2. Pocket veto in case of Parliamentary legislation:
- The President can utilize a pocket veto when it comes to parliamentary legislation.
- A pocket veto is a power that allows the President to indirectly veto a bill by not giving his assent within a specified time frame.
- If the President does not take any action on a bill passed by Parliament within a particular period (generally six weeks), it is considered as a pocket veto.
- Through this discretionary power, the President can effectively prevent the enactment of a bill if he deems it necessary.
3. Appointing the Prime Minister when no political party can prove a clear majority:
- In situations where no political party can demonstrate a clear majority in the Parliament, the President exercises discretionary powers in appointing the Prime Minister.
- The President weighs various factors, including the support extended by different political parties, the ability to form a stable government, and the overall political landscape, while making this decision.
- By exercising this power, the President plays a crucial role in ensuring the formation of a government that can effectively govern and maintain stability.
Conclusion:
Considering the situations mentioned in the question, all of them fall under the discretionary powers of the President of India. The President can exercise discretion in asking the Council of Ministers to reconsider their advice, utilizing a pocket veto for parliamentary legislation, and appointing the Prime Minister when no political party can prove a clear majority. Therefore, the correct answer is option D: All of the above.
As per the constitution, the Indian president has the power to1. Ask for files relating to any matter from Prime Minister that is in deliberation in the Council of Ministers2. Send the decision of an individual ministry for reconsideration3. Suspend the council of ministers if he feels it is violating constitutional normsSelect the correct answer using the codes below:- a) 1 and 2 only
- b) 2 and 3 only
- c) 1 and 3 only
- d) All of the above
Correct answer is option 'A'. Can you explain this answer?
As per the constitution, the Indian president has the power to
1. Ask for files relating to any matter from Prime Minister that is in deliberation in the Council of Ministers
2. Send the decision of an individual ministry for reconsideration
3. Suspend the council of ministers if he feels it is violating constitutional norms
Select the correct answer using the codes below:
a)
1 and 2 only
b)
2 and 3 only
c)
1 and 3 only
d)
All of the above
|
|
Kavita Mehta answered |
- If an individual ministry has taken the decision, which has not been considered by the cabinet, the president can send the reconsideration file.
- The 42nd Constitutional Amendment Act of 1976 (enacted by the Indira Gandhi Government) made the President bound by the council's advice of ministers headed by the prime minister.
- The 44th Constitutional Amendment Act of 1978 (enacted by the Janata Party Government headed by Shri Morarji Desai) authorised the President to require ministers' council to reconsider such advice either generally or otherwise.
- However, he 'shall' act following the advice tendered after such reconsideration. In other words, the President may return a matter once for reconsideration of his ministers, but the reconsidered advice shall be binding.
- The president can also ask for the files and ask details about the decisions that are to be taken in the council of ministers. However, he cannot suspend it if it enjoys confidence in the Lok Sabha.
Acts of State done in the name of the President of India are required to be countersigned by way of authentication by:- a)A Minister
- b)The Prime Minister
- c)The Speaker
- d)A Secretary to the Government
Correct answer is option 'D'. Can you explain this answer?
Acts of State done in the name of the President of India are required to be countersigned by way of authentication by:
a)
A Minister
b)
The Prime Minister
c)
The Speaker
d)
A Secretary to the Government
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|
Kabir Verma answered |
Acts of State done in the name of the President of India are required to be countersigned by way of authentication by a Secretary to the Government
Consider the following statements:Statement-I:
To be eligible for election as Vice-President of India, a person should be a citizen of India and have completed 35 years of age.Statement-II:
The Vice-President of India is required to bear true faith and allegiance to the Constitution of India and faithfully discharge the duties of the office.Which one of the following is correct in respect of the above statements?- a)Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
- b)Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- c)Statement-I is correct, but Statement-II is incorrect
- d)Statement-I is incorrect, but Statement-II is correct
Correct answer is option 'A'. Can you explain this answer?
Consider the following statements:
Statement-I:
To be eligible for election as Vice-President of India, a person should be a citizen of India and have completed 35 years of age.
To be eligible for election as Vice-President of India, a person should be a citizen of India and have completed 35 years of age.
Statement-II:
The Vice-President of India is required to bear true faith and allegiance to the Constitution of India and faithfully discharge the duties of the office.
The Vice-President of India is required to bear true faith and allegiance to the Constitution of India and faithfully discharge the duties of the office.
Which one of the following is correct in respect of the above statements?
a)
Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
b)
Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
c)
Statement-I is correct, but Statement-II is incorrect
d)
Statement-I is incorrect, but Statement-II is correct
|
|
Devanshi Choudhury answered |
Analysis of the Statements
To evaluate the correctness of Statement-I and Statement-II regarding the eligibility and duties of the Vice-President of India, we need to break down each statement.
Statement-I: Eligibility Criteria
- A person must be a citizen of India.
- The individual should be at least 35 years old.
This statement is accurate as per Article 66 of the Constitution of India, which outlines the qualifications for election as Vice-President.
Statement-II: Oath and Duties
- The Vice-President is required to bear true faith and allegiance to the Constitution.
- They must faithfully discharge the duties of the office.
This statement is also correct as it reflects the oath taken by the Vice-President, which is mandated by the Constitution.
Conclusion
- Both statements are correct.
- However, Statement-II does not explain or provide additional context for Statement-I; it merely describes the duties of the Vice-President.
Thus, the correct answer is option 'A': "Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I."
By understanding the distinction between eligibility criteria and duties, we can see why both statements stand independently yet are both valid.
To evaluate the correctness of Statement-I and Statement-II regarding the eligibility and duties of the Vice-President of India, we need to break down each statement.
Statement-I: Eligibility Criteria
- A person must be a citizen of India.
- The individual should be at least 35 years old.
This statement is accurate as per Article 66 of the Constitution of India, which outlines the qualifications for election as Vice-President.
Statement-II: Oath and Duties
- The Vice-President is required to bear true faith and allegiance to the Constitution.
- They must faithfully discharge the duties of the office.
This statement is also correct as it reflects the oath taken by the Vice-President, which is mandated by the Constitution.
Conclusion
- Both statements are correct.
- However, Statement-II does not explain or provide additional context for Statement-I; it merely describes the duties of the Vice-President.
Thus, the correct answer is option 'A': "Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I."
By understanding the distinction between eligibility criteria and duties, we can see why both statements stand independently yet are both valid.
Which one of the following powers can be exercised by both the President and the Governor?- a)Power to pardon a sentence by court-martial
- b)Power to remit a sentence by court-martial
- c)Power to pardon, reprive, respite, remit, suspend or commute the punishment or sentence.
- d)None of these
Correct answer is option 'C'. Can you explain this answer?
Which one of the following powers can be exercised by both the President and the Governor?
a)
Power to pardon a sentence by court-martial
b)
Power to remit a sentence by court-martial
c)
Power to pardon, reprive, respite, remit, suspend or commute the punishment or sentence.
d)
None of these
|
|
Tarun Iyer answered |
Understanding the Powers of President and Governor
The powers exercised by the President of India and the Governor of a state include various forms of clemency, but they differ in scope and application.
Power to Pardon and Commute Sentences
- The correct answer is option 'C': Power to pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence.
- This power is granted under Article 72 of the Constitution for the President and Article 161 for the Governor.
Scope of the Powers
- Pardoning Power: Both the President and the Governor can pardon sentences, meaning they can completely forgive the offense and release the individual from all legal consequences.
- Reprieve and Respite: They can also grant temporary relief or delay in the execution of a sentence.
- Remit and Commute: They hold the authority to reduce the severity of a punishment or replace it with a less severe one.
Differences in Application
- The President’s pardoning power applies to offenses against laws related to the Union, while the Governor’s power pertains to state laws.
- Additionally, the President can exercise this power in cases involving court-martial sentences, which is not applicable to Governors.
Conclusion
- Therefore, option 'C' reflects the clemency powers that both the President and the Governor can exercise, highlighting their role in the justice system while maintaining checks and balances within their respective domains.
The powers exercised by the President of India and the Governor of a state include various forms of clemency, but they differ in scope and application.
Power to Pardon and Commute Sentences
- The correct answer is option 'C': Power to pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence.
- This power is granted under Article 72 of the Constitution for the President and Article 161 for the Governor.
Scope of the Powers
- Pardoning Power: Both the President and the Governor can pardon sentences, meaning they can completely forgive the offense and release the individual from all legal consequences.
- Reprieve and Respite: They can also grant temporary relief or delay in the execution of a sentence.
- Remit and Commute: They hold the authority to reduce the severity of a punishment or replace it with a less severe one.
Differences in Application
- The President’s pardoning power applies to offenses against laws related to the Union, while the Governor’s power pertains to state laws.
- Additionally, the President can exercise this power in cases involving court-martial sentences, which is not applicable to Governors.
Conclusion
- Therefore, option 'C' reflects the clemency powers that both the President and the Governor can exercise, highlighting their role in the justice system while maintaining checks and balances within their respective domains.
Consider the following statements.1. In India, only a citizen by birth and not a naturalised citizen is eligible for the president's office.2. In the USA, a citizen by birth and a naturalised citizen is eligible for the president's office.Which of the above is/are correct?- a)1 only
- b)2 only
- c)Both 1 and 2
- d)None of the above
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements.
1. In India, only a citizen by birth and not a naturalised citizen is eligible for the president's office.
2. In the USA, a citizen by birth and a naturalised citizen is eligible for the president's office.
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None of the above
|
Goel UPSC Coaching Center answered |
- India: According to Article 58 of the Indian Constitution, any citizen of India (whether by birth or naturalization) is eligible to be the President of India, provided they meet other criteria (e.g., they must be at least 35 years of age and qualified to be a member of the Lok Sabha). Therefore, the first statement is incorrect.
- USA: The United States Constitution specifies that only a natural-born citizen of the United States (not a naturalized citizen) is eligible to be the President. Therefore, the second statement is incorrect.
Hence, neither statement 1 nor statement 2 is correct, making the answer D: None of the above.
Consider the following statements about the office of the President of India.
1. No person has occupied the office for more than one complete term.
2. Every President has served the full term of office.
Q. Which of the above is/are correct?
- a)None of the above
- b)2 only
- c)Both 1 and 2
- d)1 only
Correct answer is option 'A'. Can you explain this answer?
Consider the following statements about the office of the President of India.
1. No person has occupied the office for more than one complete term.
2. Every President has served the full term of office.
Q. Which of the above is/are correct?
a)
None of the above
b)
2 only
c)
Both 1 and 2
d)
1 only
|
|
Kabir Verma answered |
-
Dr Rajendra Prasad has served for two terms (1950-1962), and apart from him, none has served more than once.
-
Statement 2: So far, two Presidents, Dr Zakir Hussain and Fakhruddin Ali Ahmed, have died during their term of office.
-
For example, when President Dr Zakir Hussain died in May 1969, the then Vice- President, V.V. Giri was acting as the President.
-
Soon after V.V. Giri resigned to contest the President's election, then, the Chief Justice of India, M. Hidayatullah worked as the officiating President.
Under which Article of the Constitution of India, the executive power of the union is vested in the President?- a)54
- b)55
- c)56
- d)53
Correct answer is option 'D'. Can you explain this answer?
Under which Article of the Constitution of India, the executive power of the union is vested in the President?
a)
54
b)
55
c)
56
d)
53
|
Mohit Joshi answered |
Executive Power of the Union
The Constitution of India outlines the distribution of powers among various branches of government. The executive power of the Union is specifically addressed in Article 53.
Article 53 Explained
- Article 53 of the Constitution states that:
- The executive power of the Union shall be vested in the President.
- This power can be exercised either directly or through officers subordinate to him.
Key Aspects of Article 53
- Vesting of Power: The President is the constitutional head of the executive branch, symbolizing the unity and integrity of the nation.
- Exercise of Power:
- The President can exercise this power directly or delegate it to subordinate officials, including the Prime Minister and the Council of Ministers.
- Role of the Council of Ministers:
- Although the President holds the executive power, the real executive authority is exercised by the Council of Ministers, headed by the Prime Minister.
Significance
- Ceremonial vs. Real Power: The President's role is largely ceremonial; the real power lies with the elected government.
- Checks and Balances: This structure ensures a system of checks and balances, preventing the concentration of power in any single branch.
Conclusion
Understanding Article 53 is crucial for grasping the dynamics of the Indian political system, particularly the relationship between the President and the government. This article serves as a foundation for the executive framework in the country.
The Constitution of India outlines the distribution of powers among various branches of government. The executive power of the Union is specifically addressed in Article 53.
Article 53 Explained
- Article 53 of the Constitution states that:
- The executive power of the Union shall be vested in the President.
- This power can be exercised either directly or through officers subordinate to him.
Key Aspects of Article 53
- Vesting of Power: The President is the constitutional head of the executive branch, symbolizing the unity and integrity of the nation.
- Exercise of Power:
- The President can exercise this power directly or delegate it to subordinate officials, including the Prime Minister and the Council of Ministers.
- Role of the Council of Ministers:
- Although the President holds the executive power, the real executive authority is exercised by the Council of Ministers, headed by the Prime Minister.
Significance
- Ceremonial vs. Real Power: The President's role is largely ceremonial; the real power lies with the elected government.
- Checks and Balances: This structure ensures a system of checks and balances, preventing the concentration of power in any single branch.
Conclusion
Understanding Article 53 is crucial for grasping the dynamics of the Indian political system, particularly the relationship between the President and the government. This article serves as a foundation for the executive framework in the country.
The President is an integral part of the Parliament of India. Which of the following are done by the President, concerning the sessions of the Parliament?
1. Summoning
2. Proroguing
3. Dissolving Lok Sabha
Choose the correct answer from the codes below.
- a)1 and 2 only
- b)2 and 3 only
- c)1 and 3 only
- d)All of the above
Correct answer is option 'D'. Can you explain this answer?
The President is an integral part of the Parliament of India. Which of the following are done by the President, concerning the sessions of the Parliament?
1. Summoning
2. Proroguing
3. Dissolving Lok Sabha
Choose the correct answer from the codes below.
a)
1 and 2 only
b)
2 and 3 only
c)
1 and 3 only
d)
All of the above
|
Meera Kapoor answered |
Roles of the President concerning the sessions of the Parliament:
The President of India has several significant roles and powers when it comes to the functioning of the Parliament of India. Here are the roles corresponding to the options mentioned:
The President of India has several significant roles and powers when it comes to the functioning of the Parliament of India. Here are the roles corresponding to the options mentioned:
- Summoning: The President has the power to summon each House of Parliament to meet. This means that the President can call for a new session of the Parliament. This is done at such time and place as he thinks fit. Normally, there are three sessions of Parliament in a year: the Budget session, the Monsoon session, and the Winter session.
- Proroguing: The President can prorogue the Houses of Parliament. This means that the President can end a session of the Parliament. However, it must be noted that prorogation does not affect the bills, resolutions, motions, etc., pending before the House, which can be resumed in the next session from the stage at which they were left before prorogation.
- Dissolving Lok Sabha: The President has the power to dissolve the Lok Sabha. This means that the President can end the tenure of the Lok Sabha before its term of five years. However, the President can dissolve Lok Sabha only on the advice of the Prime Minister. Once the Lok Sabha is dissolved, all business including bills, motions, resolutions, etc., pending before it or its committees lapse.
So, all the above-mentioned roles - summoning, proroguing, and dissolving the Lok Sabha are performed by the President concerning the sessions of the Parliament. Hence, the correct answer is D: All of the above.
Which of the following statements are not correct? 1. Vice president can be removed from the office before completion of his term 2. A formal impeachment is not required for his removal 3. The vice president can be removed from office by a process of impeachment for violation of the constitution Choose from the following options.- a) 1 and 2 Only
- b) 2 and 3 Only
- c) 1 and 3 Only
- d) All of them
Correct answer is option 'A'. Can you explain this answer?
Which of the following statements are not correct?
1. Vice president can be removed from the office before completion of his term
2. A formal impeachment is not required for his removal
3. The vice president can be removed from office by a process of impeachment for violation of the constitution
Choose from the following options.
a)
1 and 2 Only
b)
2 and 3 Only
c)
1 and 3 Only
d)
All of them
|
Isha Yadav answered |
No ground has been mentioned in the constitution for his removal. The Vice-President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the President. He can also be removed from the office before completion of his term. A formal impeachment is not required for his removal. He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (ie, a majority of the total members of the House) and agreed to by the Lok Sabha. But, no such resolution can be moved unless at least 14 days' advance notice has been given. Notably, no ground has been mentioned in the Constitution for his removal. The Vice-President can hold office beyond his term of five years until his successor assumes charge. He is also eligible for re-election to that office. He may be elected for any number of terms.
Consider the following statements about the Impeachment of the Indian President.1. Impeachment can only be initiated by Lok Sabha.2. Supreme Court is the authority that investigates against the charges levelled against the President.3. Representatives of Union Territories in the Parliament do not participate in the impeachment process.Q. Choose the correct answer from the codes below.- a) 2 only
- b) 2 and 3 only
- c) 1 and 3 only
- d) None of the above
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements about the Impeachment of the Indian President.
1. Impeachment can only be initiated by Lok Sabha.
2. Supreme Court is the authority that investigates against the charges levelled against the President.
3. Representatives of Union Territories in the Parliament do not participate in the impeachment process.
Q. Choose the correct answer from the codes below.
a)
2 only
b)
2 and 3 only
c)
1 and 3 only
d)
None of the above
|
|
Kabir Verma answered |
- The President can be removed from office by impeachment for 'violation of the Constitution'. However, the Constitution does not define the meaning of the phrase 'violation of the Constitution'.
- Either House of Parliament can initiate the impeachment charges. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days' notice should be given to the President.
- After the impeachment resolution is passed by a majority of two-thirds of that House's total membership, it is sent to the other House, which should investigate the charges.
- The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the impeachment resolution by a majority of two- thirds of the total membership, then the President stands removed from his office from the date on which the bill is so passed.
Thus, impeachment is a quasi-judicial procedure in Parliament. In this context, two things should be noted:
1. the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election
2. the elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the President's impeachment. However, they participate in his election. No President has so far been impeached.
Consider the following statements.1. Parliament may, by law, regulate any matter relating to or connected with the election of a President or a Vice-President.2. All doubts and disputes arising out of the election of a President or Vice-President shall be inquired into and decided by the Election Commission of India whose decision shall be final.Which of the above is/are correct?- a) 1 only
- b) 2 only
- c) Both 1 and 2
- d) None
Correct answer is option 'A'. Can you explain this answer?
Consider the following statements.
1. Parliament may, by law, regulate any matter relating to or connected with the election of a President or a Vice-President.
2. All doubts and disputes arising out of the election of a President or Vice-President shall be inquired into and decided by the Election Commission of India whose decision shall be final.
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None
|
|
Amit Sharma answered |
- This is, however, subjected to the provisions of the constitution.
- Presidential and Vice-Presidential Elections Act 1952 was enacted in this context.
- As per Article 71 of the constitution, it shall be inquired into and decided by the Supreme Court whose decision shall be final. The ECI may be called for advice.
Which of the following Vice Presidents was elected unopposed?- a) S. Radhakrishnan
- b) R. Venkataraman
- c) V. V. Giri
- d) None of the above
Correct answer is option 'A'. Can you explain this answer?
Which of the following Vice Presidents was elected unopposed?
a)
S. Radhakrishnan
b)
R. Venkataraman
c)
V. V. Giri
d)
None of the above
|
|
Kabir Verma answered |
S. Radhakrishnan, Hidayatullah, Shankar Dayal Sharma were elected unopposed.
Consider the following statements. 1. The President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre.2. The governor of a State may, with the consent of the Central government, entrust to that government any of the executive functions of the state.Which of these statements is/are correct.Ans. (c)- a) 1 Only
- b) 2 Only
- c) Both 1 and 2
- d) None of them
Correct answer is option ''. Can you explain this answer?
Consider the following statements.
1. The President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre.
2. The governor of a State may, with the consent of the Central government, entrust to that government any of the executive functions of the state.
Which of these statements is/are correct.
Ans. (c)
a)
1 Only
b)
2 Only
c)
Both 1 and 2
d)
None of them
|
|
Neha Joshi answered |
The President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre. Conversely, the governor of a State may, with the consent of the Central government, entrust to that government any of the executive functions of the state.
Consider the following statements about the pardoning power of the President.1. He can exercise this power even without the advice of the cabinet.2. The President is not bound to give reasons for his order.3. The petitioner for mercy has no right to an oral hearing by the President.Choose the correct answer from the codes below, - a)1 and 2 only
- b)2 and 3 only
- c)1 and 3 only
- d)All of the above
Correct answer is option 'B'. Can you explain this answer?
Consider the following statements about the pardoning power of the President.
1. He can exercise this power even without the advice of the cabinet.
2. The President is not bound to give reasons for his order.
3. The petitioner for mercy has no right to an oral hearing by the President.
Choose the correct answer from the codes below,
a)
1 and 2 only
b)
2 and 3 only
c)
1 and 3 only
d)
All of the above
|
Valor Academy answered |
- The President can exercise this power even without the advice of the cabinet: This is incorrect. While the President has the power to grant pardons, this power is typically exercised on the advice of the Union Cabinet, as per the provisions of the Constitution (Article 72). The President may act independently in certain cases, but the norm is for the Cabinet's advice to be considered.
- The President is not bound to give reasons for his order: This is correct. The President is not required to give reasons for exercising the pardoning power, and there is no legal requirement to do so.
- The petitioner for mercy has no right to an oral hearing by the President: This is correct. There is no provision in the Constitution that mandates an oral hearing for the petitioner. The mercy petition is decided based on the written representation.
Therefore, the correct answer is b) 2 and 3 only.
Which of the following bills can be tabled on the floor of the parliament only after the recommendation of the President of India:
1. Money Bills2. Financial Bills3. Ordinary Bill under article 34. Constitutional Amendment Bills.- a)Only 1, 2 & 3
- b)Only 1, 2 & 4
- c)Only 1 & 2
- d)Only 4
Correct answer is option 'A'. Can you explain this answer?
Which of the following bills can be tabled on the floor of the parliament only after the recommendation of the President of India:
1. Money Bills
1. Money Bills
2. Financial Bills
3. Ordinary Bill under article 3
4. Constitutional Amendment Bills.
a)
Only 1, 2 & 3
b)
Only 1, 2 & 4
c)
Only 1 & 2
d)
Only 4
|
|
Atharva Ghosh answered |
B) Only 1, 2, and 4
If a resolution impeaching the President is passed, the President is considered to have been removed- a) from the date on which the resolution is passed
- b) once the Chief Justice of India takes out an order to the effect
- c) as soon as the Gazette of India notifies it
- d) once the new incumbent is elected
Correct answer is option 'A'. Can you explain this answer?
If a resolution impeaching the President is passed, the President is considered to have been removed
a)
from the date on which the resolution is passed
b)
once the Chief Justice of India takes out an order to the effect
c)
as soon as the Gazette of India notifies it
d)
once the new incumbent is elected
|
|
Nidhi Chakraborty answered |
Explanation:
When a resolution impeaching the President is passed, the President is considered to have been removed from the date on which the resolution is passed. This means that the President is no longer in office and all the powers and privileges associated with the office are terminated.
Reasoning:
The impeachment process in India is outlined in Article 61 of the Constitution. According to this article, the President can be impeached for the violation of the Constitution. The process involves the following steps:
1. Notice: A notice containing the charges against the President must be signed by at least one-fourth of the total members of either House of Parliament and given to the Speaker or the Chairman, who then forwards it to the President.
2. Investigation: The President has the right to be informed of the charges and to present a defense. The investigation of the charges is done by a committee comprising members of both Houses of Parliament.
3. Passing of Resolution: After the investigation, if the committee finds the President guilty of the charges, a resolution for impeachment is presented to either House of Parliament. The resolution must be passed by a special majority, i.e., a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
4. Removal of President: Once the resolution is passed, the President is considered to have been removed from the date on which the resolution is passed. This means that the President is no longer in office and all the powers and privileges associated with the office are terminated.
Conclusion:
In conclusion, the correct answer is option 'A' - the President is considered to have been removed from the date on which the resolution is passed. This is the point at which the impeachment process is completed and the President is no longer in office.
When a resolution impeaching the President is passed, the President is considered to have been removed from the date on which the resolution is passed. This means that the President is no longer in office and all the powers and privileges associated with the office are terminated.
Reasoning:
The impeachment process in India is outlined in Article 61 of the Constitution. According to this article, the President can be impeached for the violation of the Constitution. The process involves the following steps:
1. Notice: A notice containing the charges against the President must be signed by at least one-fourth of the total members of either House of Parliament and given to the Speaker or the Chairman, who then forwards it to the President.
2. Investigation: The President has the right to be informed of the charges and to present a defense. The investigation of the charges is done by a committee comprising members of both Houses of Parliament.
3. Passing of Resolution: After the investigation, if the committee finds the President guilty of the charges, a resolution for impeachment is presented to either House of Parliament. The resolution must be passed by a special majority, i.e., a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
4. Removal of President: Once the resolution is passed, the President is considered to have been removed from the date on which the resolution is passed. This means that the President is no longer in office and all the powers and privileges associated with the office are terminated.
Conclusion:
In conclusion, the correct answer is option 'A' - the President is considered to have been removed from the date on which the resolution is passed. This is the point at which the impeachment process is completed and the President is no longer in office.
During the tenure of the Indian President, he is immune from which of the following?
1. Criminal proceedings
2. Arrest and Imprisonment
Q. Choose the correct answer from the codes below.
- a)1 only
- b)2 only
- c)None
- d)Both
Correct answer is option 'D'. Can you explain this answer?
During the tenure of the Indian President, he is immune from which of the following?
1. Criminal proceedings
2. Arrest and Imprisonment
Q. Choose the correct answer from the codes below.
a)
1 only
b)
2 only
c)
None
d)
Both
|
|
Ojasvi Mehta answered |
During the tenure of the Indian President, he is immune from criminal proceedings, arrest, and imprisonment. This immunity is provided under Article 361 of the Indian Constitution, which states that the President cannot be subjected to any criminal proceedings nor arrested or imprisoned during their term of office. This provision ensures the dignity and independence of the highest office in the country.
Which of these constitutional functionaries holds office till the pleasure of the President?1. Governor2. Chief Election Commissioner (CEC)3. Comptroller and Auditor General of India (CAG)Select the correct answer using the codes below.- a) 1 only
- b) 2 and 3 only
- c) 1 and 2 only
- d) 1, 2 and 3
Correct answer is option 'A'. Can you explain this answer?
Which of these constitutional functionaries holds office till the pleasure of the President?
1. Governor
2. Chief Election Commissioner (CEC)
3. Comptroller and Auditor General of India (CAG)
Select the correct answer using the codes below.
a)
1 only
b)
2 and 3 only
c)
1 and 2 only
d)
1, 2 and 3
|
|
Kabir Verma answered |
- The President can remove him at any time without citing reasons for the same. He is an agent of the Centre and does not enjoy any security of tenure.
- The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a Supreme Court judge.
In other words, he can be removed by the president based on a resolution passed to that effect by both the Houses of Parliament with the special majority, either on the ground of proved misbehaviour or incapacity.
Thus, he does not hold his office until the president's pleasure, though he appoints him.
The executive can make laws via the ordinance route, as mentioned in Article 123 of the constitution. Consider the following with this reference.1. Ordinances can only be made from subjects in the Union List by the Union executive.2. All ordinances made by the state executive are null and void if made without the President's prior recommendation.Which of the above is/are correct?- a) 1 only
- b) 2 only
- c) Both 1 and 2
- d) None
Correct answer is option 'D'. Can you explain this answer?
The executive can make laws via the ordinance route, as mentioned in Article 123 of the constitution. Consider the following with this reference.
1. Ordinances can only be made from subjects in the Union List by the Union executive.
2. All ordinances made by the state executive are null and void if made without the President's prior recommendation.
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None
|
Om Saha answered |
Explanation:
The correct option is D i.e. None of the above statements are correct. Let's understand why:
1. Ordinances can only be made from subjects in the Union List by the Union executive: This statement is incorrect because ordinances can be made on subjects in all three lists i.e. Union List, State List, and Concurrent List. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government.
2. All ordinances made by the state executive are null and void if made without the President's prior recommendation: This statement is also incorrect because the state executive cannot make ordinances. Only the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.
Therefore, both statements are incorrect.
Conclusion:
Ordinances are temporary laws that can be made by the President or the Governor when the Parliament or state legislature is not in session. They can be made on subjects in all three lists. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government. Similarly, the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.
The correct option is D i.e. None of the above statements are correct. Let's understand why:
1. Ordinances can only be made from subjects in the Union List by the Union executive: This statement is incorrect because ordinances can be made on subjects in all three lists i.e. Union List, State List, and Concurrent List. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government.
2. All ordinances made by the state executive are null and void if made without the President's prior recommendation: This statement is also incorrect because the state executive cannot make ordinances. Only the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.
Therefore, both statements are incorrect.
Conclusion:
Ordinances are temporary laws that can be made by the President or the Governor when the Parliament or state legislature is not in session. They can be made on subjects in all three lists. However, the President cannot promulgate an ordinance on a matter that falls under the State List without the prior recommendation of the concerned state government. Similarly, the Governor can promulgate an ordinance on matters that fall under the State List, but only when the state legislature is not in session and the Governor is satisfied that circumstances exist that require immediate action.
Consider the following statements:1. During a national emergency, the President can suspend all fundamental rights.2. The President can impose President's Rule due to the failure of constitutional machinery in states.3. Financial Emergency allows the President to issue directives to reduce salaries and allowances of government officials, including judges.Which of the statements given above is/are correct?- a)1 Only
- b)1 and 2 Only
- c)2 and 3 Only
- d)1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
Consider the following statements:
1. During a national emergency, the President can suspend all fundamental rights.
2. The President can impose President's Rule due to the failure of constitutional machinery in states.
3. Financial Emergency allows the President to issue directives to reduce salaries and allowances of government officials, including judges.
Which of the statements given above is/are correct?
a)
1 Only
b)
1 and 2 Only
c)
2 and 3 Only
d)
1, 2 and 3
|
Upsc Toppers answered |
- Statement 1 is incorrect. During a national emergency, the President can suspend certain fundamental rights, but not all. Specifically, the right to life and personal liberty cannot be suspended.
- Statement 2 is correct. The President can impose President's Rule due to the failure of constitutional machinery in states.
- Statement 3 is correct. Financial Emergency allows the President to issue directives to reduce salaries and allowances, including those of judges.
Consider the following statements regarding the Constitutional Position of the President:Statement I:
The President in India holds significant executive powers akin to the President of the United States.Statement II:
The President's role is largely ceremonial, with the real executive power vested in the council of ministers headed by the Prime Minister.Which one of the following is correct in respect of the above statements?- a)Both Statement I and Statement II are correct and Statement II explains Statement I
- b)Both Statement I and Statement II are correct, but Statement II does not explain Statement I
- c)Statement I is correct, but Statement II is incorrect
- d)Statement I is incorrect, but Statement II is correct
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements regarding the Constitutional Position of the President:
Statement I:
The President in India holds significant executive powers akin to the President of the United States.
The President in India holds significant executive powers akin to the President of the United States.
Statement II:
The President's role is largely ceremonial, with the real executive power vested in the council of ministers headed by the Prime Minister.
The President's role is largely ceremonial, with the real executive power vested in the council of ministers headed by the Prime Minister.
Which one of the following is correct in respect of the above statements?
a)
Both Statement I and Statement II are correct and Statement II explains Statement I
b)
Both Statement I and Statement II are correct, but Statement II does not explain Statement I
c)
Statement I is correct, but Statement II is incorrect
d)
Statement I is incorrect, but Statement II is correct
|
Lakshya Ias answered |
Statement I is incorrect as the President in India does not hold powers similar to the President of the United States but rather has a ceremonial role. Statement II correctly explains that the real executive power lies with the council of ministers, not with the President, aligning with the information provided.
If Parliament has repeatedly failed to perform its duty, in the opinion of the President, then as per his constitutional mandate he can1. Dissolve the Lok Sabha2. Dismiss the Council of Ministers3. Promulgate ordinance to keep the legislative business on trackChoose the correct answer using the codes below.- a) 1 and 2 only
- b) 2 and 3 only
- c) 3 only
- d) None of the above
Correct answer is option 'D'. Can you explain this answer?
If Parliament has repeatedly failed to perform its duty, in the opinion of the President, then as per his constitutional mandate he can
1. Dissolve the Lok Sabha
2. Dismiss the Council of Ministers
3. Promulgate ordinance to keep the legislative business on track
Choose the correct answer using the codes below.
a)
1 and 2 only
b)
2 and 3 only
c)
3 only
d)
None of the above
|
|
Kavita Shah answered |
The President's powers concerning the Parliament are restricted by:
- The council of Ministers can be dismissed only when it has lost the confidence of the house.
- Lok Sabha can be dissolved only when no government can be formed.
- And, there are only three grounds to issue an ordinance:
1. The parliament should not be in session, whether one or both the houses.
2. The subject must be very urgent that any delay in passing such a bill may be against the public interest, like in the recent case of Criminal law (amendment) ordinance, 2013.
3. The council of ministers must advise the President to do so.
Consider the following pairs:1. Diplomatic Authority - Negotiation and conclusion of international treaties2. Military Authority - Appointment of the Chief Election Commissioner3. Veto Power - Withholding assent to bills passed by Parliament4. Emergency Authority - Declaration of scheduled areasHow many pairs given above are correctly matched?- a)Only one pair
- b)Only two pairs
- c)Only three pairs
- d)All four pairs
Correct answer is option 'B'. Can you explain this answer?
Consider the following pairs:
1. Diplomatic Authority - Negotiation and conclusion of international treaties
2. Military Authority - Appointment of the Chief Election Commissioner
3. Veto Power - Withholding assent to bills passed by Parliament
4. Emergency Authority - Declaration of scheduled areas
How many pairs given above are correctly matched?
a)
Only one pair
b)
Only two pairs
c)
Only three pairs
d)
All four pairs
|
Innovative Classes answered |
- Pair 1 (Correct): Negotiation and conclusion of international treaties is a Diplomatic Authority of the President.
- Pair 2 (Incorrect): Appointment of the Chief Election Commissioner falls under Executive Authority, not Military Authority.
- Pair 3 (Correct): Withholding assent to bills passed by Parliament is a part of the President's Veto Power.
- Pair 4 (Incorrect): Declaration of scheduled areas is an Executive Authority, not Emergency Authority. Emergency Authority includes powers like declaring a state of emergency.
Consider the following statements regarding the Ordinance-Making Power of the President:Statement I:
The ordinance-making power of the President allows for the issuance of ordinances only when Parliament is not in session or either House is not in session.Statement II:
The ordinance-making power of the President is not subject to any limitations and can be exercised at any time.Which one of the following is correct in respect of the above statements?- a)Both Statement I and Statement II are correct and Statement II explains Statement I
- b)Both Statement I and Statement II are correct, but Statement II does not explain Statement I
- c)Statement I is correct, but Statement II is incorrect
- d)Statement I is incorrect, but Statement II is correct
Correct answer is option 'C'. Can you explain this answer?
Consider the following statements regarding the Ordinance-Making Power of the President:
Statement I:
The ordinance-making power of the President allows for the issuance of ordinances only when Parliament is not in session or either House is not in session.
The ordinance-making power of the President allows for the issuance of ordinances only when Parliament is not in session or either House is not in session.
Statement II:
The ordinance-making power of the President is not subject to any limitations and can be exercised at any time.
The ordinance-making power of the President is not subject to any limitations and can be exercised at any time.
Which one of the following is correct in respect of the above statements?
a)
Both Statement I and Statement II are correct and Statement II explains Statement I
b)
Both Statement I and Statement II are correct, but Statement II does not explain Statement I
c)
Statement I is correct, but Statement II is incorrect
d)
Statement I is incorrect, but Statement II is correct
|
|
Kritika Menon answered |
Understanding the Ordinance-Making Power of the President
The ordinance-making power of the President of India is an essential aspect of governance, particularly in situations where immediate legislative action is required. Here’s a detailed analysis of the two statements provided:
Statement I: Correct
- The President can issue ordinances when Parliament is not in session. This is crucial for ensuring that urgent legislative measures can be enacted without waiting for the Parliament to convene.
- Ordinances can be issued under Article 123 of the Indian Constitution, which allows the President to legislate by ordinance in matters where Parliament has the authority to make laws.
Statement II: Incorrect
- While the President has the power to issue ordinances, this power is not unlimited. There are specific conditions and limitations surrounding its exercise.
- The ordinance must be approved by Parliament within six weeks of reassembly; otherwise, it ceases to operate. This means the ordinance-making power is subject to checks and balances, ensuring it cannot be used arbitrarily.
Conclusion
- Since Statement I accurately describes the conditions under which the President can issue ordinances, but Statement II falsely claims that there are no limitations on this power, the correct answer is option 'C': "Statement I is correct, but Statement II is incorrect."
In summary, the ordinance-making power is a vital legislative tool for the President, but it is governed by constitutional limitations to prevent misuse.
The ordinance-making power of the President of India is an essential aspect of governance, particularly in situations where immediate legislative action is required. Here’s a detailed analysis of the two statements provided:
Statement I: Correct
- The President can issue ordinances when Parliament is not in session. This is crucial for ensuring that urgent legislative measures can be enacted without waiting for the Parliament to convene.
- Ordinances can be issued under Article 123 of the Indian Constitution, which allows the President to legislate by ordinance in matters where Parliament has the authority to make laws.
Statement II: Incorrect
- While the President has the power to issue ordinances, this power is not unlimited. There are specific conditions and limitations surrounding its exercise.
- The ordinance must be approved by Parliament within six weeks of reassembly; otherwise, it ceases to operate. This means the ordinance-making power is subject to checks and balances, ensuring it cannot be used arbitrarily.
Conclusion
- Since Statement I accurately describes the conditions under which the President can issue ordinances, but Statement II falsely claims that there are no limitations on this power, the correct answer is option 'C': "Statement I is correct, but Statement II is incorrect."
In summary, the ordinance-making power is a vital legislative tool for the President, but it is governed by constitutional limitations to prevent misuse.
The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when:1. There is a temporary increase in the business of the high court2. There are arrears of work in the high courtChoose from the following options.- a) 1 Only
- b) 2 Only
- c) Both 1 and 2
- d) None of them
Correct answer is option 'C'. Can you explain this answer?
The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when:
1. There is a temporary increase in the business of the high court
2. There are arrears of work in the high court
Choose from the following options.
a)
1 Only
b)
2 Only
c)
Both 1 and 2
d)
None of them
|
|
Kabir Verma answered |
The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when: 1. there is a temporary increase in the business of the high court; or 2. there are arrears of work in the high court.
Article 123 of the Constitution empowers the President to promulgate ordinances. Consider the following in this regard.1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament.2. An ordinance cannot be used to amend the constitution.Which of the above is/are correct?- a) 1 only
- b) 2 only
- c) Both 1 and 2
- d) None
Correct answer is option 'B'. Can you explain this answer?
Article 123 of the Constitution empowers the President to promulgate ordinances. Consider the following in this regard.
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament.
2. An ordinance cannot be used to amend the constitution.
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None
|
|
Nilesh Menon answered |
Explanation:
Article 123 of the Indian Constitution:
Article 123 of the Indian Constitution grants the President of India the power to promulgate ordinances during the recess of Parliament. An ordinance is a temporary law that has the same effect as an act of Parliament. However, it is temporary in nature and needs to be approved by Parliament within a specified period.
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament:
This statement is incorrect. According to Article 123(1) of the Constitution, the President can promulgate an ordinance only when both Houses of Parliament are not in session. If both Houses are in session, the President cannot exercise this power. The purpose of granting this power to the President is to ensure that urgent and immediate action can be taken in situations when Parliament is not in session.
When an ordinance is promulgated, it must be laid before both Houses of Parliament when they reassemble. The ordinance will cease to operate at the expiration of six weeks from the reassembly of Parliament, or if disapproved by either House before that period. Therefore, an ordinance made when both Houses are in session is not valid.
2. An ordinance cannot be used to amend the constitution:
This statement is correct. The power to amend the Constitution lies with the Parliament, and not with the President. The President is only empowered to promulgate ordinances on matters that fall within the legislative competence of Parliament. The Constitution can only be amended through the prescribed procedure under Article 368, which involves the introduction and passage of a constitutional amendment bill in both Houses of Parliament, followed by ratification by the states, if required.
Therefore, the correct answer is option 'B' - 2 only.
Article 123 of the Indian Constitution:
Article 123 of the Indian Constitution grants the President of India the power to promulgate ordinances during the recess of Parliament. An ordinance is a temporary law that has the same effect as an act of Parliament. However, it is temporary in nature and needs to be approved by Parliament within a specified period.
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament:
This statement is incorrect. According to Article 123(1) of the Constitution, the President can promulgate an ordinance only when both Houses of Parliament are not in session. If both Houses are in session, the President cannot exercise this power. The purpose of granting this power to the President is to ensure that urgent and immediate action can be taken in situations when Parliament is not in session.
When an ordinance is promulgated, it must be laid before both Houses of Parliament when they reassemble. The ordinance will cease to operate at the expiration of six weeks from the reassembly of Parliament, or if disapproved by either House before that period. Therefore, an ordinance made when both Houses are in session is not valid.
2. An ordinance cannot be used to amend the constitution:
This statement is correct. The power to amend the Constitution lies with the Parliament, and not with the President. The President is only empowered to promulgate ordinances on matters that fall within the legislative competence of Parliament. The Constitution can only be amended through the prescribed procedure under Article 368, which involves the introduction and passage of a constitutional amendment bill in both Houses of Parliament, followed by ratification by the states, if required.
Therefore, the correct answer is option 'B' - 2 only.
The 'Violation of Constitution' as a ground of removal is explicitly mentioned for which of the following offices under India's constitution?1. President2. Prime Minister3. Governor4. Chief Justice of IndiaQ. Choose the correct answer using the codes below:- a) 1, 2 and 3
- b) 1, 3 and 4
- c) Only 1
- d) All of the above
Correct answer is option 'C'. Can you explain this answer?
The 'Violation of Constitution' as a ground of removal is explicitly mentioned for which of the following offices under India's constitution?
1. President
2. Prime Minister
3. Governor
4. Chief Justice of India
Q. Choose the correct answer using the codes below:
a)
1, 2 and 3
b)
1, 3 and 4
c)
Only 1
d)
All of the above
|
|
Amit Sharma answered |
Impeachment of a president is taken up by the house in violation of the constitution. For others, grounds are either different or not mentioned explicitly as 'violation of the constitution.
Consider the following statements.
1. The American Vice President succeeds to the presidency when it falls vacant, and remains President for the unexpired term of his predecessor.
2. The Indian Vice-President, on the other hand, does not assume the office of the President when it falls vacant for the unexpired term.
Which of these statements is/are correct?
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Consider the following statements.
1. The American Vice President succeeds to the presidency when it falls vacant, and remains President for the unexpired term of his predecessor.
2. The Indian Vice-President, on the other hand, does not assume the office of the President when it falls vacant for the unexpired term.
Which of these statements is/are correct?
a)
1 Only
b)
2 Only
c)
Both 1 and 2
d)
Neither 1 nor 2
|
|
Uday Chawla answered |
-
The American Vice President succeeds to the presidency when it falls vacant, and remains President for the unexpired term of his predecessor.
- This statement is correct. According to the U.S. Constitution and the Presidential Succession Act, if the President of the United States dies, resigns, is removed from office, or is otherwise unable to serve, the Vice President automatically becomes President and serves for the remainder of the original term.
-
The Indian Vice-President, on the other hand, does not assume the office of the President when it falls vacant for the unexpired term.
- This statement is also correct. In India, when the office of the President falls vacant, the Vice-President serves as the Acting President until a new President is elected. The Vice-President does not become the President for the remainder of the original term but only holds the office temporarily.
Therefore, the correct answer is: Both 1 and 2
The President of India is an integral part of the Parliament. One of the reasons for it is that Options~- a)He has a constitutional right to attend the Parliament's meetings.
- b)A bill passed by both the Houses of Parliament cannot become law without the President's assent.
- c)He has the constitutional authority to both constitute and dissolve the Parliament.
- d)He is the head of the executive branch of the Government in our Parliamentary democracy.
Correct answer is option 'B'. Can you explain this answer?
The President of India is an integral part of the Parliament. One of the reasons for it is that Options~
a)
He has a constitutional right to attend the Parliament's meetings.
b)
A bill passed by both the Houses of Parliament cannot become law without the President's assent.
c)
He has the constitutional authority to both constitute and dissolve the Parliament.
d)
He is the head of the executive branch of the Government in our Parliamentary democracy.
|
|
Meera Kapoor answered |
Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament. This is because a bill passed by both the Houses of Parliament cannot become law without the President's assent.
Consider the following statements regarding the Pardoning Power of the President:Statement I:
The President's pardoning power includes the ability to grant pardons, commutations, remissions, respites, and reprieves.Statement II:
The President exercises the pardoning power independently without any advice from the Union Cabinet.Which one of the following is correct in respect of the above statements?- a)Both Statement I and Statement II are correct and Statement II explains Statement I
- b)Both Statement I and Statement II are correct, but Statement II does not explain Statement I
- c)Statement I is correct, but Statement II is incorrect
- d)Statement I is incorrect, but Statement II is correct
Correct answer is option 'C'. Can you explain this answer?
Consider the following statements regarding the Pardoning Power of the President:
Statement I:
The President's pardoning power includes the ability to grant pardons, commutations, remissions, respites, and reprieves.
The President's pardoning power includes the ability to grant pardons, commutations, remissions, respites, and reprieves.
Statement II:
The President exercises the pardoning power independently without any advice from the Union Cabinet.
The President exercises the pardoning power independently without any advice from the Union Cabinet.
Which one of the following is correct in respect of the above statements?
a)
Both Statement I and Statement II are correct and Statement II explains Statement I
b)
Both Statement I and Statement II are correct, but Statement II does not explain Statement I
c)
Statement I is correct, but Statement II is incorrect
d)
Statement I is incorrect, but Statement II is correct
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Asha Tiwari answered |
Statement Analysis:
Statement I:
- The President's pardoning power includes granting pardons, commutations, remissions, respites, and reprieves.
Statement II:
- The President exercises the pardoning power independently without any advice from the Union Cabinet.
Explanation:
Statement I:
- The pardoning power of the President indeed includes the ability to grant various forms of pardons such as pardons, commutations, remissions, respites, and reprieves. This power is granted under Article 72 of the Indian Constitution, which empowers the President to grant pardons and to suspend, remit, or commute sentences in certain cases.
Statement II:
- However, the President does not exercise the pardoning power independently. In practice, the President is required to act on the advice of the Union Cabinet while exercising the pardoning power. The advice of the Council of Ministers is necessary for the President to make informed decisions regarding pardons and commutations.
Conclusion:
- Therefore, while Statement I is correct in explaining the extent of the President's pardoning power, Statement II is incorrect as the President does not exercise this power independently without the advice of the Union Cabinet.
Statement I:
- The President's pardoning power includes granting pardons, commutations, remissions, respites, and reprieves.
Statement II:
- The President exercises the pardoning power independently without any advice from the Union Cabinet.
Explanation:
Statement I:
- The pardoning power of the President indeed includes the ability to grant various forms of pardons such as pardons, commutations, remissions, respites, and reprieves. This power is granted under Article 72 of the Indian Constitution, which empowers the President to grant pardons and to suspend, remit, or commute sentences in certain cases.
Statement II:
- However, the President does not exercise the pardoning power independently. In practice, the President is required to act on the advice of the Union Cabinet while exercising the pardoning power. The advice of the Council of Ministers is necessary for the President to make informed decisions regarding pardons and commutations.
Conclusion:
- Therefore, while Statement I is correct in explaining the extent of the President's pardoning power, Statement II is incorrect as the President does not exercise this power independently without the advice of the Union Cabinet.
Every bill passed by the Parliament goes to the President for his assent before it becomes a law. Consider the following concerning it.1. The President can send the bill back to the Parliament asking it to reconsider the bill.2. There is no time limit mentioned in the constitution for the President to approve these bills.3. The President is constitutionally authorised to send and introduce legislative proposals in the Parliament.Select the correct answer using the codes below.- a) 1 and 2 only
- b) 2 only
- c) 1 and 3 only
- d) 1, 2 and 3 only
Correct answer is option 'A'. Can you explain this answer?
Every bill passed by the Parliament goes to the President for his assent before it becomes a law. Consider the following concerning it.
1. The President can send the bill back to the Parliament asking it to reconsider the bill.
2. There is no time limit mentioned in the constitution for the President to approve these bills.
3. The President is constitutionally authorised to send and introduce legislative proposals in the Parliament.
Select the correct answer using the codes below.
a)
1 and 2 only
b)
2 only
c)
1 and 3 only
d)
1, 2 and 3 only
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Vikram Kapoor answered |
- In doing so, the President exercises his situational discretion.
- The President has veto power by which he can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament.
- The President can send the bill back to the Parliament asking it to reconsider the bill.
- This 'veto' power is limited because if the Parliament passes the same bill again and sends it back to the President, the President has to give assent to that bill. However, there is no mention in the Constitution about the time limit within which the President must send the bill back for reconsideration.
- This means that the President can just keep the bill pending with him without any time limit. This gives the President an informal power to use the veto in a very effective manner. This is sometimes referred to as 'pocket veto'.
Consider the following statements:1. The Vice-President of India can be re-elected any number of times.2. The Vice-President's salary is fixed and not subject to any other official capacities.3. The Vice-President can act as President for a maximum period of 6 months in case of a vacancy in the office of the President.Which of the statements given above is/are correct?- a)1 Only
- b)1 and 3 Only
- c)1 and 2 Only
- d)1, 2 and 3
Correct answer is option 'B'. Can you explain this answer?
Consider the following statements:
1. The Vice-President of India can be re-elected any number of times.
2. The Vice-President's salary is fixed and not subject to any other official capacities.
3. The Vice-President can act as President for a maximum period of 6 months in case of a vacancy in the office of the President.
Which of the statements given above is/are correct?
a)
1 Only
b)
1 and 3 Only
c)
1 and 2 Only
d)
1, 2 and 3
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Asha Tiwari answered |
Overview of the Vice-President of India
The Vice-President of India holds a significant constitutional position with specific roles and responsibilities. Let's examine each statement provided:
Statement 1: Re-election of the Vice-President
- The Vice-President can indeed be re-elected any number of times. There is no limit on the number of terms a Vice-President can serve. This statement is correct.
Statement 2: Salary of the Vice-President
- The Vice-President's salary is fixed by law and does not change based on other official capacities. However, it is worth noting that they may receive allowances related to their role in various capacities. This statement is generally seen as correct but with nuances regarding allowances.
Statement 3: Acting as President
- The Vice-President can act as President in the event of a vacancy in the office of the President, but this is only permitted for a maximum period of 6 months. This statement is also correct.
Conclusion
Considering the accuracy of the statements:
- Statement 1 is correct (Vice-President can be re-elected any number of times).
- Statement 2 has some ambiguity but is mostly correct regarding fixed salary.
- Statement 3 is correct (maximum 6 months acting as President).
However, since the question asks for correctness, option "b" (1 and 3 only) is selected as the best answer because of the precise interpretation of the statements regarding fixed salary and allowances.
Thus, the correct answer is option 'B'.
The Vice-President of India holds a significant constitutional position with specific roles and responsibilities. Let's examine each statement provided:
Statement 1: Re-election of the Vice-President
- The Vice-President can indeed be re-elected any number of times. There is no limit on the number of terms a Vice-President can serve. This statement is correct.
Statement 2: Salary of the Vice-President
- The Vice-President's salary is fixed by law and does not change based on other official capacities. However, it is worth noting that they may receive allowances related to their role in various capacities. This statement is generally seen as correct but with nuances regarding allowances.
Statement 3: Acting as President
- The Vice-President can act as President in the event of a vacancy in the office of the President, but this is only permitted for a maximum period of 6 months. This statement is also correct.
Conclusion
Considering the accuracy of the statements:
- Statement 1 is correct (Vice-President can be re-elected any number of times).
- Statement 2 has some ambiguity but is mostly correct regarding fixed salary.
- Statement 3 is correct (maximum 6 months acting as President).
However, since the question asks for correctness, option "b" (1 and 3 only) is selected as the best answer because of the precise interpretation of the statements regarding fixed salary and allowances.
Thus, the correct answer is option 'B'.
Consider the following statements.1. The governor can reserve certain types of bills passed by the state legislature for the President's consideration.2. Bills on certain matters enumerated in the State List can be introduced in the state legislature only with the president's previous sanction.3. The President can direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration during a financial emergency.Select the correct answer using the codes below,- a)1 and 2 only
- b)1 and 3 only
- c)2 and 3 only
- d)1,2 and 3
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements.
1. The governor can reserve certain types of bills passed by the state legislature for the President's consideration.
2. Bills on certain matters enumerated in the State List can be introduced in the state legislature only with the president's previous sanction.
3. The President can direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration during a financial emergency.
Select the correct answer using the codes below,
a)
1 and 2 only
b)
1 and 3 only
c)
2 and 3 only
d)
1,2 and 3
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Valor Academy answered |
- The governor can reserve certain types of bills passed by the state legislature for the President's consideration:
This statement is true. The governor of a state has the power to reserve certain bills passed by the state legislature for the consideration of the President. According to Article 200 of the Indian Constitution, the governor can withhold assent to a bill and refer it to the President if the bill:- Is against the Constitution,
- Opposes the Directive Principles of State Policy,
- Affects the High Court’s powers, or
- Deals with matters requiring the President’s approval as per the Constitution.
-
- Bills on certain matters enumerated in the State List can be introduced in the state legislature only with the President's previous sanction:
This statement is also true. According to the Constitution of India, states have the power to make laws on subjects in the State List. However, for certain matters, the President’s prior sanction is required before introducing such a bill.- Example: Under Article 304(b), a bill imposing restrictions on trade, commerce, and intercourse in the public interest requires the President’s prior approval before being introduced in the state legislature.
- Similar provisions apply to bills that may conflict with Union laws or require national-level consideration.
-
- The President can direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration during a financial emergency:
This statement is true as well. Under Article 360, when a financial emergency is declared, the President can direct states to reserve all money bills and other financial bills passed by the state legislature for his consideration. This allows the President to review and approve these bills before they become law, ensuring financial stability and control over state finances.
Therefore, all three statements are correct, and the correct answer is option D: 1, 2, and 3.
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Indian Polity for State PSC Exams
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