Laxmikanth Test: The President- 2


30 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test: The President- 2


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QUESTION: 1

Acts of State done in the name of the President of India are required to be countersigned by way of authentication by:

Solution:

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

QUESTION: 2

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?

Solution:
  • 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.

QUESTION: 3

The highest formal authority in India is carried by

Solution:
  • President is the head of the state and is the highest formal authority in the country. All executive actions of the government are taken in his name.

  • Prime Minister is the head of the government and actually exercises all governmental powers. He takes most of the decisions in the Cabinet meetings. Learning: As per Article 53 of the Constitution

QUESTION: 4

President can grant pardon to any person convicted of any offence

Solution: 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

(i) In all cases where the punishment or sentence is by a court-martial;

(ii) In all cases where the punishment or sentence is for an offence against a Union law; and

(iii) In all cases where the sentence is a sentence of death.

QUESTION: 5

Consider the following statements about the office of President of India.

1. No person has occupied the office for more than two complete terms.

2. Every President has served the full term of office.

Q. Which of the above is/are correct?

Solution:
  • 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.

QUESTION: 6

The nominated members of both Lok Sabha and Rajya Sabha do NOT participate in the following?

1. Election of President

2. Passing of Constitutional Amendment Bill

3. Impeachment of President

4. Election of Vice-President

Q. Choose the correct answer from the codes below.

Solution:
  • The nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President.

  • An assembly is dissolved. The members cease to be qualified to vote in the presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.

  • While electing and impeaching Vice- President, nominated members to participate.

QUESTION: 7

Before entering his office, the President has to make and subscribe to an oath or affirmation. This oath is administered to the President by

Solution:

The Chief Justice of India administers the oath of office to the President and in his absence, the senior-most judge of the Supreme Court available.

Any other person acting as President or discharging the President's functions also undertakes the similar oath or affirmation.

QUESTION: 8

Consider the following statements regarding the election of President.

1. The value of an MLA vote is equivalent to that of an MLC casting a vote in Presidential election.

2. The value of the vote of an ML A is equivalent to an MP casting vote in Presidential election.

Which of the above is/are correct?

Solution: Every elected member of the Legislative Assembly of a state shall have as many votes as multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of the elected members of the assembly. This can be expressed as

Value of the vote of an MLA = Total population of state/ Total number of elected members in the state legislative assembly

x 1/100

2. Every elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to members of the states' legislative assemblies by the total number of the elected members of both the Houses of Parliament. This can be expressed as:

Value of the vote of an MP = Total value of votes of all MLAs of all the states/Total number of elected members of Parliament

The total value of all the MLAs votes is equal to that of all the elected MPs only, which excludes the nominated ones.

QUESTION: 9

The President can also appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is:

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

Choose from the following options.

Solution:
QUESTION: 10

In the election of the President, each member of the electoral college has:

Solution:

one vote with a value attached to it and he can give as many preferences as there are candidates

QUESTION: 11

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?

Solution:
  • A person not born in India, but acquiring citizenship by registration or naturalisation can become the PM or the President of India. The Indian constitution does not differentiate based on the method of acquiring citizenship.

  • However, this is not the case with the USA constitution, which categorically denies the right to President Candidacy to naturalised citizens.

QUESTION: 12

Consider the following statements when a vacancy occurs in the office of the President.

1. In case the office of vice president is vacant, the Chief Justice of India acts as the president or discharge the functions of the president

2. When the senior-most judge of the Supreme Court is acting as the President, he enjoys all the powers and immunities of the president

Which of these statements is/are correct?

Solution:

When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise, the Vice-President acts as the President until a new President is elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the VicePresident discharges his functions until the President resumes his office. In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the senior-most judge of the Supreme Court available) acts as the President or discharges the functions of the President' When any person, ie, VicePresident, chief justice of India, or the senior-most judge of the Supreme Court is acting as the President or discharging the functions of the President, he enjoys all the powers and immunities of the President and is entitled to such emoluments allowances and privileges as are determined by the Parliament.

QUESTION: 13

During the tenure of the Indian President, he is immune from which of the following?

1. Criminal proceedings

2. Civil Proceedings after two months' notice

3. Arrest and Imprisonment

Q. Choose the correct answer from the codes below.

Solution:
  • The President is entitled to several privileges and immunities. He enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even regarding his personal acts.

  • He cannot be arrested or imprisoned. However, after giving two months' notice, civil proceedings can be instituted against him during his term of office regarding his personal acts.

 

 

 

 

 

QUESTION: 14

The Vice-President of India may be removed from his office by 

Solution:

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.

QUESTION: 15

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:

Solution: 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.

QUESTION: 16

The President is bound by the aid and advice tendered by the Council of Ministers. This provision is

Solution:
  • Article 74 provides a council of ministers headed by the Prime Minister to aid and advise the President in his functions. The advice so tendered is binding on the President.

  • The unamended constitution had some scope of Presidential discretion where he was not explicitly bound by the council of Ministers' aid and advice.

QUESTION: 17

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.

Solution: 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.

QUESTION: 18

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.

Solution:

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.

QUESTION: 19

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.

Solution:

The President can either give his assent to a money bill or withhold his assent to a money bill but cannot return it for the reconsideration of the Parliament. Normally, the President gives his assent to the money bill as it is introduced in the Parliament with his previous permission.

 

QUESTION: 20

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.

Solution:

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.

QUESTION: 21

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,

Solution: Article 54 of the Constitution says

'The President shall be elected by the members of an electoral college consisting of -

  • The elected members of both Houses of Parliament and

  • The elected members of the Legislative Assemblies of the States (including National Capital Territory of Delhi and the Union Territory of Pondicherry vide the Constitution 70th amendment Act, 1992)'.

  • Thus, in the President's election, the citizens play no direct part, and he is elected indirectly by the representatives or the people, as the American President. Still, no special electoral college is elected, as in the case of America.

Another point of difference that may be noted is that the President of India's election is by the proportional representation system, by the single transferable vote, as provided by Article 55(3) of the Constitution. In contrast, the straight vote system elects the American President.

QUESTION: 22

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?

Solution:

The financial powers and functions of the President are:

(a) Money bills can be introduced in the Parliament only with his prior recommendation.

(b) He causes to be laid before the Parliament the annual financial statement (ie, the Union Budget).

(c) No demand for a grant can be made except on his recommendation.

(d) He can make advances out of the contingency fund of India to meet any unforeseen expenditure.

(e) He constitutes a finance commission every five years to recommend the distribution of revenues between the Centre and the states.

 

 

QUESTION: 23

Procedure for impeachment of the president is a subject matter of

Solution:

ARTICLE 61: PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless – (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

 

 

 

 

QUESTION: 24

Consider the following statements.

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 impeachment of the President though they participate in his election.

Which of these statements is/are correct?

Solution:

The nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election; (b) the elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election. Impeachment is a Quasi-judicial procedure in the parliament

QUESTION: 25

Which of the following is/are correctly matched?

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 - Article 73

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 - Article 74

3. The council of ministers shall be collectively responsible to the Lok Sabha - Article 75

Choose from the following options.

Solution:

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 - Article 53

QUESTION: 26

All executive actions of the Government of India are formally taken in the name of the president of India. Consider the following with this reference.

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.

2. He can make rules for the more convenient transaction of business of the Union government and allocate the said business among the ministers.

Which of the above is/are correct?

Solution:

The above are some of the executive powers and functions of the President.

  • He does not require the consent or concurrence of the Parliament in making these rules, since these are executive fiats.

  • Orders and other instruments made and executed in the President's name shall be authenticated in such manner as may be specified in rules to be made by the President. Some of the other powers are:

  • He appoints the prime minister and the other ministers. They hold office during his pleasure.

  • He appoints the attorney general of India and determines his remuneration. The attorney general holds office during the pleasure of the President.

  • He appoints the comptroller and auditor general of India, the chief election commissioner and other election commissioners, the chairman and members of the Union Public Service Commission, the governors of states, the chairman and finance commission members and so on.

  • He can seek any information relating to the administration of affairs of the Union and proposals for legislation from the prime minister.

  • He can require the Prime Minister to submit, for consideration of the council of ministers, any matter on which a minister has taken a decision but, which has not been considered by the council.

 

 

 

QUESTION: 27

The Constitution

Solution:

Allows re-election of a person to the President's post.

QUESTION: 28

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.

Solution:

The president must give his assent to the Constitutional Amendment Bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.

 

 

QUESTION: 29

Which of the following forms part of the President of India's oath but not that of the Members of Parliament (MPs)?

1. To preserve, protect and defend the constitution and the law.

2. To uphold the sovereignty and integrity of India.

Choose the correct answer using the following codes:

Solution: In his oath, the President swears:
  • to faithfully execute the office;

  • to preserve, protect and defend the Constitution and the law; and

  • to devote himself to the service and wellbeing of the people of India.

Whereas the oath of MPs is

  1. to bear true faith and allegiance to the Constitution of India;

  2. to uphold the sovereignty and integrity of India; and

  3. to faithfully discharge the duty upon which he is about to enter.

Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible to parliamentary privileges and immunities,

QUESTION: 30

If a resolution impeaching the President is passed, the President is considered to have been removed

Solution:

If a resolution impeaching the President is passed, the President is considered to have been removed from the date on which the resolution is passed.

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