All questions of Union Executive (The President & Vice-President) for BPSC (Bihar) Exam

• There are some bills which require the prior recommendation of the President before their introduction in the Parliament. These bills are:

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.

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.

Besides the Parliament's power to legislate directly on the state subjects under exceptional situations, the Constitution empowers the Centre to exercise control over the state's legislative matters in the above-mentioned ways.

Explanation:

Constitutional Amendment Bill and the President:
- The President of India does not have the power to reject a Constitutional Amendment Bill.
- The President must give his assent to a Constitutional Amendment Bill once it has been passed by both houses of Parliament with the required majority.

Reconsideration of Constitutional Amendment Bill:
- The President does have the power to return a Constitutional Amendment Bill to Parliament for reconsideration.
- If the President returns the bill for reconsideration, Parliament can make changes to the bill as suggested by the President.
- The bill is then presented again to the President for his assent.
Therefore, both statements are incorrect. The President cannot reject a Constitutional Amendment Bill, but can only return it for reconsideration.

Explanation:
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.

Analysis:
- The Constitution of India states that the Vice-President shall hold office for a term of 5 years.
- However, there is no limit on the number of times a Vice-President can be reelected.
- So, the Vice-President can hold office beyond 5 years until a successor takes charge, but there is no provision for the Vice-President to hold office indefinitely.

Conclusion:
- Therefore, Statement-I is correct as per the Constitution of India.
- Statement-II is incorrect as there is no provision for the Vice-President to be reelected any number of times.

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.

The President nominates 12 members to the Rajya Sabha based on specific criteria:

The Rajya Sabha is the upper house of the Parliament of India, and its members are either elected by the members of the State Legislative Assemblies or nominated by the President. The President can nominate 12 members to the Rajya Sabha based on certain criteria. Among the given options, the correct answer is option 'B', which states that the President can nominate individuals who have special knowledge or practical experience in art, literature, science, and social service.

Explanation:

The Rajya Sabha plays a crucial role in the legislative process of India. It represents the interests of the states and serves as a platform for debate and discussion on matters of national importance. The President's power to nominate members to the Rajya Sabha ensures the inclusion of individuals with diverse backgrounds and expertise, enriching the legislative process.

Criteria for nomination:

1. Special knowledge or practical experience: The President can nominate individuals who have special knowledge or practical experience in art, literature, science, and social service. This criterion allows for the inclusion of experts and professionals from various fields who can contribute their expertise to the legislative proceedings. It ensures a holistic representation of society and helps in making well-informed decisions on policies and laws affecting these domains.

2. Importance of art, literature, science, and social service: By nominating individuals with expertise in art, literature, science, and social service, the President recognizes the significance of these fields in shaping the cultural and intellectual fabric of the nation. It acknowledges the role of artists, writers, scientists, and social workers in contributing to the nation's progress and development.

3. Supplementing the elected members: The nomination of individuals with special knowledge or practical experience complements the elected members of the Rajya Sabha. While elected members represent the interests of the states, the nominated members bring in their domain-specific expertise, adding value to the legislative process.

Conclusion:

The President's power to nominate members to the Rajya Sabha allows for the inclusion of individuals with special knowledge or practical experience in art, literature, science, and social service. This provision ensures a diverse representation and enriches the legislative proceedings with expertise from various fields. By nominating such individuals, the President acknowledges the importance of these domains in shaping the nation's progress and development.

Article 87(1) of the Constitution provides for this. This is the case of the first session after each general election to the Lok Sabha; the President addresses both Houses of Parliament assembled after the Members have made and subscribed the oath or affirmation and the Speaker has been elected.

Appointment of Acting Judge by the President

Conditions for Appointment

The President of India can appoint a duly qualified person as an acting judge of a high court under the following conditions:

1. Unable to perform the duties of his office due to absence or any other reason

2. Appointed to act temporarily as chief justice of that high court

Both the conditions mentioned above are necessary for the appointment of an acting judge.

Role of Acting Judge

An acting judge is appointed to perform the duties of a judge who is unable to perform his duties due to absence or any other reason. The acting judge is also appointed when a judge of a high court is appointed as a temporary chief justice of that high court.

Qualification of Acting Judge

The person appointed as an acting judge must be duly qualified to be a judge of a high court. The Constitution of India lays down the qualifications for appointment as a judge of a high court.

Conclusion

The appointment of an acting judge by the President of India is an important provision in the Constitution of India. This provision ensures that the administration of justice is not affected due to the absence of a judge or the appointment of a temporary chief justice of a high court.

1. 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.
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.
   • 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.

The Supreme Court examined the President's pardoning power under different cases and laid down the following principles.

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.

B) Only 1, 2, and 4

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.

1. The President of India can declare war or peace only with the approval of Parliament.
- This statement is correct. The President of India acts on the aid and advice of the Council of Ministers, headed by the Prime Minister. Therefore, the declaration of war or peace requires the approval of Parliament.

2. The President of India serves a term of six years from the date of assuming office.
- This statement is incorrect. The President of India serves a term of five years from the date of assuming office, as per Article 56 of the Indian Constitution.

3. The President can continue in office until the successor takes over and is eligible for re-election for multiple terms.
- This statement is correct. The President can continue in office until the successor takes over and is eligible for re-election for multiple terms, as there is no specific limit on the number of terms a President can serve in India.
Therefore, the correct answer is option 'C' - 1 and 3 Only.

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.

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 President can grant pardon, reprieve, respite and remission of punishment, or suspend. Remit or commute the sentence of any person convicted of any offence

Answer:

The President's Assent to Bills Passed by Parliament

The process of making a bill into law in India involves passing it through both houses of Parliament and then sending it to the President for his assent. The President can either give his assent to the bill or send it back to the Parliament for reconsideration.

Options:

1. The President can send the bill back to the Parliament asking it to reconsider the bill.

This statement is true. The President of India has the power to send a bill back to the Parliament if he feels that it needs to be reconsidered. This is known as the power of veto. If the bill is sent back, the Parliament can either make changes to the bill and send it back to the President for his assent, or it can choose to override the veto by passing the bill with a two-thirds majority in both houses.

2. There is no time limit mentioned in the constitution for the President to approve these bills.

This statement is also true. There is no time limit mentioned in the constitution for the President to give his assent to a bill. However, if the President does not give his assent within a reasonable amount of time, the bill is deemed to have been given assent and becomes law.

3. The President is constitutionally authorised to send and introduce legislative proposals in the Parliament.

This statement is false. While the President does have certain powers to initiate legislation, he is not constitutionally authorised to introduce legislative proposals in the Parliament. The power to introduce bills lies with the members of Parliament.

Therefore, the correct answer is option A, which includes statements 1 and 2 only.

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.

S. Radhakrishnan, Hidayatullah, Shankar Dayal Sharma were elected unopposed.

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.