Laxmikanth Test: The President- 1


30 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test: The President- 1


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QUESTION: 1

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,

Solution:

All the statements are correct.

QUESTION: 2

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.

Solution:
  • 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).

QUESTION: 3

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.

Solution:
  • 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.

QUESTION: 4

Consider the following statements.

Assertion (A): The Prime Minister is obliged to furnish all the information that the President may call for.

Reason (R): Constitutionally, the President has a right to be informed of all important matters and deliberations of the Council of Ministers.

In the context of the above, which of these is correct?

Solution: The President often writes to the Prime Minister and expresses his views on matters confronting the country. Here, the PM is bound to share the information that the President has called for.

In doing so, the President exercises his situational discretion.

QUESTION: 5

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.

Solution:

He enjoys the following legislative powers.

1. He can summon or prorogue the Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the Houses of Parliament, which is presided over by the Lok Sabha's Speaker.

2. He can address the Parliament at the first session's commencement after each general election and each year's first session.

3. He can send messages to the Houses of Parliament, whether concerning a bill pending in the Parliament or otherwise.

4. He can appoint any Lok Sabha member to preside over its proceedings when both the Speaker and the Deputy Speaker's offices fall vacant. Similarly, he can also appoint any Rajya Sabha member to preside over its proceedings when both the Chairman and the Deputy Chairman's offices fall vacant.

QUESTION: 6

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.

Solution: 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.

QUESTION: 7

Which one of the following powers can be exercised by both the President and the Governor?

Solution:

The President in the Union and the Governor in the State can have pardoning powers under Article 72 and 161 of the Constitution respectively. The President can Pardon the death sentence and is the only authority to do so the Governor cannot pardon a death sentence but can suspend, remit or commute a death sentence.

QUESTION: 8

At the commencement of the first session after each general election to the House of the People and at the commencement of each year's first session, the President shall address both Houses of Parliament assembled and inform Parliament of the causes of its summons. This is a

Solution: 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.

It generally takes 2 days to complete these preliminaries. No other business is transacted till the President has addressed both Houses of Parliament assembled and informed Parliament of the Government's agenda.

QUESTION: 9

The president nominates 12 members to the Rajya Sabha from

Solution: The rationale behind this principle of nomination is to provide eminent persons with a place in the Rajya Sabha without going through an election.

It should be noted here that the American Senate has no nominated members.

QUESTION: 10

Some Bills require the prior permission/consent/ recommendation of the President to be introduced. However, such recommendations are not required in which of the following legislative cases?

Solution:
  • According to Article 3 of India's Constitution, the bills relating to Admission or establishment of new States, the formation of new States and alteration of areas, boundaries or names of existing States require the President's recommendation for the introduction.

  • Article 3 lays down two conditions in the event of state's reorganisation: one, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period. The Constitution lays down a special procedure for the passing of money bills in the Parliament. A money bill can only be introduced in the Lok Sabha and that too on the president's recommendation. Every such bill is considered to be a government bill and can be introduced only by a minister.

Other bills that require prior permission are

1. Money Bill (as per Article 110) and Finance Bill

2. Any bill which affects the taxation in which the states are interested (Article 274)

3. State Bills which restrict freedom of trade (Article 304).

4. Constitutional amendment bills require prior Presidential assent

QUESTION: 11

In the matter of State legislation, the President may

Solution:

The President enjoys certain Legislative powers with respect to the Parliament of India and the legislature of States. When a bill passed by a state legislature is reserved by Governor for consideration of President under Article 201, the President may give the assent to the bill, withhold the assent and if it is not a money bill he can send it for reconsideration by the State Legislature.

QUESTION: 12

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?

Solution:
  • He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session.

  • An ordinance can also be issued when only one House is in session because a law can be passed by both the Houses and not by one House alone.

  • An ordinance made when both the Houses are in session is void. Thus, the power of the President to legislate by ordinance is not a parallel power of legislation.

  • This is because a constitutional amendment requires a special majority in both Parliament houses, unlike ordinary legislation that can be approved by a simple majority.

QUESTION: 13

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?

Solution: Ordinances are temporary laws promulgated by the President of India on the Union Cabinet's recommendation. They can only be issued when Parliament is not in session. They enable the Indian government to take immediate legislative action.
  • They can also be made on subjects in the concurrent list, and those subjects in state list for which Parliament is making laws under special circumstances.

  • Such recommendation is not required in all cases, but for example, an ordinance is likely to endanger the position of state high court or against DPSPs.

QUESTION: 14

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:

Solution: Deciding on a bill comes under the legislative powers of the President of India. Appointing the judges and pardoning/remitting/commuting/ granting reprieve in sentences comes under the judicial powers.

QUESTION: 15

Mercy petition decided by the President Article 72 of the Constitution of India are disposed on the advice of the

Solution:
  • Under the existing rules of procedure governing mercy petitions, the Union Ministry of Home Affairs (MHA) view, conveyed to the President in writing, is taken as the Cabinet's view. The President decides a mercy petition accordingly.

  • Once the Supreme Court has finally awarded a convict the death sentence, anybody, including a foreign national, can send a mercy petition concerning that person to the President's Office or the MHA. A mercy plea can also be sent to the state's Governor concerned who then forwards it to the MHA for further action.

QUESTION: 16

The constitution grants both the President and the Governor the right to pardon punishments granted by the Judiciary. What is/are the important differences between their powers?

1. President can only grant pardon on Union Council of Ministers' advice, whereas this is purely a discretionary matter for the governor.

2. President can grant pardon to a person awarded the death sentence, but the Governor cannot do so.

3. President can only exercise this power in cases adjudicated by the Supreme Court, whereas the Governor can only do this in cases under High Courts.

Q. Select the correct answer using the codes below,

Solution:
  • The pardoning power of the President is not absolute. It is governed by the advice of the Council of Ministers. Same applies for the Governor as well.

  •  

    There are only three major differences:

    1. The President has the right to pardon punishments of sentences given under Court Martial, whereas the governor does not have this power.

    2. President can grant pardon to a person awarded death sentence. But the Governor of State does not enjoy this power.

    3. Governor's pardoning power only extends to those areas where the concerned state's executive power extends. He cannot pardon in case of offences committed under Central laws.

QUESTION: 17

Who is the supreme commander of India's defence forces and in that capacity appoints the chiefs of the Army, the Navy, and the Air Force?

Solution: In the supreme commander of defence forces' capacity, the President can also declare war or conclude peace, subject to the Parliament's approval.

QUESTION: 18

The pardoning power given to the President of India under Article 72 can be exercised

Solution:
  • It is a well-established principle that a person can be sentenced or punished only when the coun has convicted him. A person is deemed to be innocent unless it is proved in the eyes of the law.

  • Thus, if a person has not been given a chance of a fair trial or a proper investigation has not been carried out against that person, then there is no reason why that person should be given a pardon because he is still innocent.

  • Therefore, it is important to note that the pardoning power can only be exercised only in the case of a convicted person.

 

 

 

QUESTION: 19

Consider a case where the Parliament has passed legislation - sent to the President and the President returns it to the Parliament for reconsideration.

For the bill to get passed now which of these should happen?

Solution: The President has the veto power over the Parliament's bills; that is, he can withhold his assent to the bills. The object of conferring this power on the President is twofold

(a) to prevent hasty and ill-considered legislation by the Parliament, and

(b) prevent legislation that may be unconstitutional.

The veto power enjoyed by the executive in modem states can be classified into the following four types.

1. Absolute veto withholds of the 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 can be overridden by the legislature with an ordinary majority.

4. Pocket veto takes no action on the bill passed by the legislature.

Of the above four, India's President is vested with a three-absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President; the American President possesses it.

QUESTION: 20

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.

Solution:
  • 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'.

QUESTION: 21

The President of India is an integral part of the Parliament. One of the reasons for it is that Options~

Solution:

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.

QUESTION: 22

It is often remarked that the 'pocket of the Indian President is bigger than that of the American President'. This is so because

Solution:

Explanation- The President can neither ratify nor reject nor return a bill, but simply keep it pending for an indefinite period.

  • The President's power not to take any action (either positive or negative) on the bill is known as the pocket veto.

  • The President can exercise this veto power as the Constitution does not prescribe any time limit. He has to decide concerning a bill presented to him for his assent.

  • On the other hand, in the USA, the President has to return the bill for reconsideration within ten days. Hence, it is remarked that the pocket of the Indian President is bigger than that of the American President.

  • In 1986, President Giani Zail Singh exercised the pocket veto concerning the Indian Post Office (Amendment) Bill.

QUESTION: 23

Consider the following statements.

Assertion (A): The President of India has never exercised his veto powers in India till date.

Reason (R): As per the 24th Constitutional amendment, the President is bound to give his assent to any legislation passed by the Parliament.

In the context of the above, which of these is correct?

Solution:
  • In 1986, President Giani Zail Singh exercised the pocket veto concerning the Indian Post Office (Amendment) Bill. The bill, passed by the Rajiv Gandhi Government, imposed restrictions on press freedom and, hence, was widely criticised.

  • After three years, in 1989, the next President R Venkataraman sent the bill back for reconsideration, but the new National Front Government decided to drop the bill.

  • It should be noted here that the President has no veto power in respect of a constitutional amendment bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill (not an ordinary bill).

QUESTION: 24

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,

Solution: 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.

For example, the bills imposing restrictions on the freedom of trade and commerce can be introduced only after Presidential assent.

QUESTION: 25

The President places the report of which of the following bodies before the Parliament?

  1. Union Public Service Commission

  2. Comptroller and Auditor General of India

  3. National Commission for STs

  4. National Human Rights Commission

Select the correct answer using the codes below,

Solution:

All options are correct.

QUESTION: 26

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:

All of the above.

Solution:
QUESTION: 27

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:

Solution:
  • 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.

QUESTION: 28

When can the President re-promulgate an ordinance?

Solution: Article 123 of the constitution gives legislative power to the President.

QUESTION: 29

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,

Solution: Apart from the above functions, he also has the following powers:
  • 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, whether a minister has taken a decision but, which has not been considered by the council.

  • He can appoint a commission to investigate the conditions of SCs, STs and other backward classes

QUESTION: 30

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,

Solution:

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

1. The petitioner for mercy has no right to an oral hearing by the President.

2. The President can examine the evidence afresh and take a view different from the court's view.

3. The power is to be exercised by the President on the advice of the union cabinet.

4. The President is not bound to give reasons for his order.

5. The President can afford relief from a sentence that he regards as unduly harsh and from an evident mistake.

6. There is no need for the Supreme Court to lay down specific guidelines for the President's power exercise.

7. The President's exercise of power is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.

8. Where the President has rejected the earlier petition for mercy, the stay cannot be obtained by filing another petition.

 

 

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