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Laxmikanth Test: The President- 2 - UPSC MCQ


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

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Laxmikanth Test: The President- 2 - Question 1

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

Detailed Solution for Laxmikanth Test: The President- 2 - Question 1

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

Laxmikanth Test: The President- 2 - 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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 2
  • 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.

Laxmikanth Test: The President- 2 - Question 3

The highest formal authority in India is carried by

Detailed Solution for Laxmikanth Test: The President- 2 - Question 3
  • 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

Laxmikanth Test: The President- 2 - Question 4

President can grant pardon to any person convicted of any offence

Detailed Solution for Laxmikanth Test: The President- 2 - Question 4
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.

Laxmikanth Test: The President- 2 - Question 5

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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 5
  • 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.

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 6
  • 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.

  • The nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election

 

 

 

Laxmikanth Test: The President- 2 - 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

Detailed Solution for Laxmikanth Test: The President- 2 - Question 7

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.

Laxmikanth Test: The President- 2 - 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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 8

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 assemblyx 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.

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 9
Explanation:

  • Appointment of Acting Judge: The President has the power to appoint a duly qualified person as an acting judge of a high court under certain circumstances.

  • Reasons for Appointment: The appointment of an acting judge can be made when a judge of the high court (other than the chief justice) is unable to perform the duties of his office due to absence or any other reason. Additionally, if a judge is appointed to act temporarily as the chief justice of that high court, an acting judge can be appointed to fill the vacancy.

  • Conditions for Appointment: The appointment of an acting judge is necessary to ensure the smooth functioning of the high court in case of the absence or incapacity of a regular judge.

  • Options: The correct answer is option C: Both 1 and 2, as both conditions mentioned in 1 and 2 are valid reasons for the appointment of an acting judge by the President.

Laxmikanth Test: The President- 2 - Question 10

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

Detailed Solution for Laxmikanth Test: The President- 2 - Question 10

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

Laxmikanth Test: The President- 2 - 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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 11
  • 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.

Laxmikanth Test: The President- 2 - 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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 12

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.

Laxmikanth Test: The President- 2 - Question 13

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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 13

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.

Laxmikanth Test: The President- 2 - Question 14

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

Detailed Solution for Laxmikanth Test: The President- 2 - Question 14

The constitution of India can explain the manner in which the vice president of India can be removed. As stated in Article 67( b), a resolution by the Rajya Sabha passed by an effective majority and agreed by Lok Sabha by a simple majority, the vice president of India can be removed. The Vice President is also removed by the Supreme Court according to article 71(1) of the Indian constitution.

Hence, the correct option is 'D'.

Laxmikanth Test: The President- 2 - 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:

Detailed Solution for Laxmikanth Test: The President- 2 - Question 15
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.

Laxmikanth Test: The President- 2 - Question 16

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

Detailed Solution for Laxmikanth Test: The President- 2 - Question 16
  • 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.

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - 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; or 2. there are arrears of work in the high court.

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 18

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.

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 19
  1. The President can reject a Money Bill. Once a Money Bill has been passed by the Parliament, the President must give assent to it.

  2. The President cannot return a Money Bill for reconsideration to the Parliament. Unlike other bills where the President has the power to return a bill for reconsideration, a Money Bill must be assented to once it is presented to the President after being passed by the Parliament.

Given these points, the correct answer to which statement is correct is: Neither 1 or 2

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 20

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.

Laxmikanth Test: The President- 2 - Question 21

Which of the following statements is not correct regarding the Election of the President?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 21

The correct answer is Option 2.
Key Points

Election of President of India:

  • The provisions of the election of the President are laid down in Article 54 of the Constitution of India.
  • The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry.
  • The President shall hold office for a term of 5 years from the date on which he enters upon his office.
  • An election of the President can be called in question by means of an election petition presented to the Supreme Court after the election is over. 
  • In the presidential election, one voter can cast only one vote. While the MLAs vote may vary from state to state, the MPs vote always remain constant.
  • The number of the total value of the MPs votes must equal, the total value of the MLAs to maintain the State and the Union balance.
  • The votes of all MLA’s do not have equal values.
  • Facilities are provided by the Election Commission for any MP to vote in the capital of State.

Hence, from the above-mentioned points, it becomes clear that the votes of all MLA’s have equal values.

Laxmikanth Test: The President- 2 - 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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 22

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

Laxmikanth Test: The President- 2 - Question 23

Procedure for impeachment of the president is a subject matter of

Detailed Solution for Laxmikanth Test: The President- 2 - Question 23

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.

 

 

 

 

Laxmikanth Test: The President- 2 - 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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 24

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

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 25

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

Laxmikanth Test: The President- 2 - 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?

Detailed Solution for Laxmikanth Test: The President- 2 - Question 26

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.

 

 

 

Laxmikanth Test: The President- 2 - Question 27

The Constitution

Detailed Solution for Laxmikanth Test: The President- 2 - Question 27

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

Laxmikanth Test: The President- 2 - 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.

Detailed Solution for Laxmikanth Test: The President- 2 - Question 28

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.

 

 

Laxmikanth Test: The President- 2 - 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:

Detailed Solution for Laxmikanth Test: The President- 2 - Question 29

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,

Laxmikanth Test: The President- 2 - Question 30

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

Detailed Solution for Laxmikanth Test: The President- 2 - Question 30

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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