Laxmikanth Test: The President- 2 - UPSC MCQ

All executive actions of the Government of India are formally taken in his name and he can make rules regarding the execution and authentication of the orders in his name. Secretary to the Government of India is authorized to authenticate orders made in the name of the President.

• Statement 1: This statement is correct.
  • According to Article 71(3) of the Indian Constitution, Parliament has the authority to make laws regarding any matter related to or connected with the election of the President or Vice-President. This includes the regulation of procedures, rules, and mechanisms for these elections.
• Statement 2: This statement is incorrect.
  • The Constitution specifies in Article 71(1) that all doubts and disputes related to the election of the President or Vice-President are to be inquired into and decided by the Supreme Court of India, not the Election Commission of India. The decision of the Supreme Court in such matters is final.

The President of India is the highest formal authority in the country as per the Constitution of India. The President is the head of state and holds supreme executive power, although most functions are carried out on the advice of the Prime Minister and the Council of Ministers.

The President of India has the power to grant pardons under Article 72 of the Indian Constitution. According to Article 72:

1. In all cases where the sentence is a sentence of death:

   • The President has the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence. This includes the power to grant a pardon in the case of a death sentence.

2. In all cases where the punishment or sentence is by a court-martial:

   • The President has the power to grant pardons in cases where the punishment has been given by a court-martial (military court).

3. Other cases under Union law:

   • The President can also grant pardons for offences under any law to which the executive power of the Union extends.

Thus, the President's power applies in both cases, and the correct answer is C: Both A & B.

• Statement 1 is incorrect. Dr. Rajendra Prasad, the first President of India, served two full terms from 1950 to 1962.
• Statement 2 is also incorrect. Not every President has served the full term. For example, Dr. Zakir Husain, the third President, passed away before completing his term.
• Thus, neither statement is correct. Therefore, the correct answer is A: None of the above.

Nominated members of both the Lok Sabha and the Rajya Sabha do not participate in the election of the President. Let's go through each option:

• Election of President: Nominated members, whether in the Lok Sabha or Rajya Sabha, do not participate in the election of the President. This election is conducted by an Electoral College consisting of elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union Territories.
• Passing of Constitutional Amendment Bill: Nominated members can participate in the passage of a Constitutional Amendment Bill. The Constitution does not exclude nominated members from voting on such bills.
• Impeachment of President: Nominated members can participate in the impeachment of the President. Both the Lok Sabha and the Rajya Sabha are involved in this process, and nominated members are allowed to vote in these proceedings.
• Election of Vice-President: Nominated members can participate in the election of the Vice-President. The Vice-President is elected by an electoral college that includes all members of both the Lok Sabha and Rajya Sabha, which includes the nominated members.

Thus, the only event where nominated members are excluded is the election of the President, which is the correct answer.

According to Article 60 of the Constitution of India, before entering upon his office, the President of India is required to take an oath or affirmation. This oath is administered by the Chief Justice of India. In case the Chief Justice is unavailable, the oath can be administered by the senior-most judge of the Supreme Court who is available.

Here is the relevant text from Article 60:

• "The President of India shall, before entering upon his office, make and subscribe an oath or affirmation in the presence of the Chief Justice of India or, in his absence, the senior-most judge of the Supreme Court available."

Therefore, the Chief Justice of India is the correct person who administers the oath to the President.

• Statement 1: The value of an MLA vote is not equivalent to that of an MLC vote in the Presidential election. MLAs' votes are based on the population of their state, while MLC votes differ due to the nature of their electoral system.
• Statement 2: The value of an MLA vote is not equivalent to an MP's vote. MP votes have a higher value as they represent the national level, while MLA votes are state-based.

The President of India has the power to appoint a duly qualified person as an acting judge of a High Court under two circumstances:

• When a judge is unable to perform the duties of his office due to absence or any other reason.
  • This applies when the regular judge is temporarily unable to carry out the duties of their office.
• When a judge is appointed to act temporarily as the chief justice of that High Court.
  • In this situation, the President can appoint an acting judge to fill the vacancy created due to the judge's appointment as chief justice.

Therefore, both conditions 1 and 2 are valid situations in which the President can appoint an acting judge. Thus, the correct answer is C: Both 1 and 2.

In the election of the President of India, members of the Electoral College (which consists of elected members of both Houses of Parliament and the Legislative Assemblies of States and Union Territories) have one vote each, but the value of their vote is not the same for all members. The value of the vote for each member is determined by a formula based on the population of the state they represent.

So, each member has a single vote, but it has a value attached to it depending on the state or territory they represent. This value differs between states and is designed to balance the representation of both smaller and larger states.

Thus, the correct answer is D: one vote with a value attached to it.

• 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.

• Statement 1: When a vacancy occurs in the office of the President, and the office of the Vice President is also vacant, the Chief Justice of India (or, in their absence, the senior-most judge of the Supreme Court) acts as the President or discharges the functions of the President. This is in accordance with Article 65(1) of the Constitution of India. Therefore, this statement is correct.
• Statement 2: When the senior-most judge of the Supreme Court is acting as the President, they enjoy all the powers and immunities of the President during the period of acting. This ensures continuity and full functionality of the office of the President. Hence, this statement is also correct.

Thus, both statements are correct, and the answer is C: Both 1 and 2.

During the tenure of the President of India:

• Criminal Proceedings: The President enjoys complete immunity from criminal proceedings while in office. This is specified under Article 361(2) of the Constitution of India.
• Arrest and Imprisonment: The President cannot be arrested or imprisoned while in office. This is to ensure the dignity and uninterrupted functioning of the office of the President.

However, civil proceedings against the President can be initiated during their tenure, but only if a two-month prior notice is given for such actions.
Thus, the President is immune from both criminal proceedings and arrest or imprisonment during their tenure.

The Vice-President of India can be removed from office through a process outlined in Article 67 of the Constitution of India. According to this article, the Vice-President may be removed by a resolution of the Rajya Sabha (Council of States), which must be agreed to by the Lok Sabha (House of the People). The resolution must be passed by a majority of members present and voting in the Rajya Sabha and agreed to by the Lok Sabha. This is different from the impeachment process used for the President of India, which requires a two-thirds majority in both houses of Parliament.

Under the Indian Constitution, the President is the only office where "Violation of the Constitution" is explicitly mentioned as a ground for removal. This is covered under Article 61 of the Constitution, which provides for the impeachment of the President for violation of the Constitution.

• President: The procedure for impeachment involves charges of violation of the Constitution, and this is explicitly mentioned in Article 61.
• Prime Minister: The Constitution does not provide for the removal of the Prime Minister specifically for violating the Constitution. The Prime Minister holds office as long as they have the confidence of the majority in the Lok Sabha (House of the People).
• Governor: The grounds for the removal of a Governor are not explicitly mentioned in terms of "violation of the Constitution." The Governor can be removed by the President at any time without impeachment or specific grounds being mentioned.
• Chief Justice of India: The removal of the Chief Justice of India or any judge of the Supreme Court is provided for under the process of impeachment, but this is for "proved misbehavior or incapacity," not explicitly "violation of the Constitution."

Thus, only the President has "Violation of the Constitution" as an explicit ground for removal.

In India, the provision that the President is bound by the aid and advice of the Council of Ministers is enshrined in Article 74 of the Constitution. The provision is a key feature of the parliamentary system of government followed in India, which is a convention rather than being mandated by a specific law or amendment. The President must act on the advice given by the Council of Ministers headed by the Prime Minister, and this is a core principle of the Indian constitutional framework.

Therefore, option B is correct because this is a convention in the parliamentary form of government. It is not something specifically mandated by the Representation of People of India Act (A), nor is it an executive precedent (C), nor mandated by a constitutional amendment (D).

The President of India can appoint additional judges to a High Court under Article 224A of the Constitution of India. The appointment can be made for a temporary period not exceeding two years, and this can be done when:

1. There is a temporary increase in the business of the High Court.
2. There are arrears of work in the High Court.

Thus, both conditions mentioned in the question are valid reasons for appointing additional judges for a temporary period.

• Statement 1: "The President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre." This statement is incorrect because the President can only entrust certain executive functions of the Centre to a State Government with the consent of that government, but this typically applies to matters on the Union List. The President does not have the broad power to delegate all executive functions of the Centre to a State government.
• Statement 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." This statement is correct. According to Article 256 of the Indian Constitution, the Governor, with the approval of the Central Government, can assign executive functions of the State Government to the Central Government. This happens in situations where the Central Government feels that it is necessary to do so for smooth administration.

Thus, only Statement 2 is correct.

• The President can reject a Money Bill: This statement is incorrect. According to the Indian Constitution, the President cannot reject a Money Bill. The President may either give assent to a Money Bill or withhold it, but rejection is not an option. Furthermore, the President cannot ask for a reconsideration of the bill by Parliament.
• He can also return the Money Bill for reconsideration: This statement is incorrect. The President cannot return a Money Bill for reconsideration. Article 111 of the Indian Constitution states that the President may either give assent to a Money Bill or withhold it. However, he cannot return it to the Parliament for reconsideration, unlike other types of bills.

Thus, both statements are incorrect. Therefore, the correct answer is D: Neither 1 nor 2.

• Absolute Veto: This is indeed when the head of state withholds assent to a Bill passed by the Legislature, effectively vetoing it completely. This match is correct.
• Suspensive Veto: This does not mean taking no action. A suspensive veto occurs when the head of state returns the Bill to the Legislature for reconsideration. So, this match is incorrect.
• Qualified Veto: This refers to a veto that can be overridden by the Legislature with a higher majority vote. This match is correct.

Therefore, the correct matches are 1 and 3, making the answer D: 1 and 3 Only.

• A: Objections related to the election of the President can be raised in the Supreme Court, so this statement is correct.
• B: The votes of all MLAs (Members of the Legislative Assembly) do not have equal values. The value of each MLA's vote is determined by the population of the state they represent. Larger states have higher-valued votes compared to smaller states.
• C: The votes of all MPs (Members of Parliament) do have equal values. This is true because each MP has the same value for their vote in the presidential election.
• D: Nominated members of the Legislative Assembly or Parliament cannot exercise their franchise in the presidential election. This is correct because only elected members are allowed to vote in the election of the President.

Thus, statement B is not correct, as the value of an MLA's vote depends on the population of their state, not being equal across all states.

All the statements are correct. Here’s an explanation of each:

• Money bills can be introduced in the Parliament only with his prior recommendation: According to Article 117 of the Indian Constitution, a money bill can only be introduced in the Lok Sabha with the prior recommendation of the President.
• He causes to be laid before the Parliament the annual financial statement: As per Article 112 of the Constitution, the President causes the annual financial statement (Budget) to be laid before Parliament.
• No demand for a grant can be made except on his recommendation: According to Article 113 of the Indian Constitution, no demand for a grant can be made except on the recommendation of the President.
• He can make advances out of the consolidated fund of India to meet any unforeseen expenditure: According to Article 267, the President can make advances from the Consolidated Fund of India to meet unforeseen expenditure, pending approval from Parliament.

Thus, all four statements about the financial powers and functions of the President are accurate, and the answer is C: 1, 2, 3, and 4.

Article 61 of the Indian Constitution deals with the procedure for the impeachment of the President of India. It specifies the grounds for impeachment, which are violations of the Constitution, and outlines the process for the impeachment procedure.

•  Statement 1: Correct- Nominated members of both Houses of Parliament can participate in the impeachment of the President, even though they do not participate in the Presidential election. The impeachment process is conducted solely by Parliament.
• Statement 2: Correct - The elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry participate in the election of the President but do not take part in the impeachment process, which is exclusively a parliamentary procedure.

Therefore,Right Answer- Option C

• Statement 1: "The executive power of the Union shall be vested in President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution" is incorrectly matched to Article 70. The correct article for this provision is Article 53. Article 70 deals with the procedure for the discharge of the President's functions when a vacancy arises in the office of the President.
• Statement 2: "There shall be a council of ministers with the Prime Minister at the head to aid and advise the President who 'shall', in the exercise of his functions, act in accordance with such advice" is correctly matched with Article 74. Article 74 establishes the Council of Ministers headed by the Prime Minister to advise the President.
• Statement 3: "The council of ministers shall be collectively responsible to the Lok Sabha" is correctly matched with Article 75. This article lays down that the Council of Ministers is collectively responsible to the Lok Sabha.

Thus, the correctly matched statements are 2 and 3, making the answer B: 2 and 3 Only.

• Statement 1: "He can make rules specifying how the orders and other instruments made and executed in his name shall be authenticated only after concurrence from Parliament" is incorrect. The President has the authority to make rules regarding the authentication of orders and instruments made in his name, but this does not require the concurrence of Parliament. The rules can be made under the powers vested by the Constitution (specifically under Article 77), but Parliament's concurrence is not necessary.
• Statement 2: "He can make rules for the more convenient transaction of business of the Union government and allocate the said business among the ministers" is correct. This power is derived from Article 77 of the Indian Constitution. The President can make rules to allocate the business of the Union government to various ministers and to ensure the convenient transaction of government business.

Thus, Statement 2 is correct, and Statement 1 is incorrect, making the correct answer D: 2 Only.

• Statement A: "is silent on the President's re-election to the office" is incorrect. The Indian Constitution does not remain silent on re-election. In fact, it allows for the re-election of a person to the office of President.
• Statement B: "Allows re-election of a person to the President's post" is correct. The Constitution does not limit the number of terms a person can serve as President. A person can be re-elected as President for more than one term, as long as they are elected again by the electoral college.
• Statement C: "restricts a person to remain President for only two terms" is incorrect. The Constitution does not impose any term limit on the President. A person can serve more than two terms as President if re-elected.
• Statement D: "Has been amended to allow a person only one term as President" is incorrect. There is no such amendment to the Constitution. A person can serve multiple terms as President, provided they are re-elected.

Thus, the correct answer is B.

• Statement 1: "Constitutional Amendment Bill can be rejected by the president" is incorrect. The President of India cannot reject a Constitutional Amendment Bill. The President must either give assent or withhold assent, but they cannot reject a Constitutional Amendment Bill in the same way they can reject ordinary legislation. The President's role in this case is more ceremonial; they are bound to assent to a Constitutional Amendment Bill once it has passed through the required procedure in Parliament.
• Statement 2: "Constitutional Amendment Bill can also be returned by him for reconsideration" is incorrect. The President cannot return a Constitutional Amendment Bill for reconsideration. While the President may return a regular Bill (except for Money Bills) for reconsideration, they do not have this power regarding Constitutional Amendment Bills.

Therefore, both statements are incorrect, and the correct answer is D: None of them.

Both statements 1 and 2 are part of the oath taken by both the President of India and Members of Parliament (MPs).

• Statement 1: "To preserve, protect and defend the constitution and the law" – This is a part of the oath taken by the President of India (as per Article 60) and also by the Members of Parliament (as per the Third Schedule of the Constitution, under the oath or affirmation).
• Statement 2: "To uphold the sovereignty and integrity of India" – This is another key component of the oath for both the President of India and the Members of Parliament.

Thus, both statements are included in the oath of both the President and MPs, making the correct answer A: Both 1 and 2.

According to Article 61 of the Indian Constitution, if a resolution for the impeachment of the President is passed, the President is considered to have been removed from office from the date the resolution is passed. The procedure for impeachment requires the resolution to be passed by a two-thirds majority in both Houses of Parliament, after which the President is considered removed, and no further action is required, such as a notification in the Gazette or the election of a new incumbent.