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Laxmikanth Test: The President-1 - UPSC MCQ


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30 Questions MCQ Test - Laxmikanth Test: The President-1

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Laxmikanth Test: The President-1 - Question 1

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.

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

The correct answer is D: 3 only.
Here's the detailed explanation:
1. Tell the Prime Minister that he will not sign an order promulgating President's rule.
This option is not available to the President because the President's role in the imposition of President's rule is largely ceremonial. The President has to act on the advice of the Council of Ministers, specifically the Prime Minister, in such matters.
2. Make a press statement about how the Prime Minister is wrong.
The President is the head of the state and acts as a neutral and non-partisan figure. Making a public statement against the Prime Minister might be seen as interfering in the political affairs of the country, which goes against the President's constitutional role.
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.
This is the most appropriate course of action for the President. The President can discuss the concerns and objections with the Prime Minister, highlighting the need for alternative measures to address the atrocities against Dalits effectively. The President can try to persuade the Prime Minister to reconsider the imposition of President's rule and explore other options. However, if the Prime Minister insists on the imposition of President's rule, the President has a constitutional obligation to act on the advice of the Council of Ministers and sign the order.

It is important to note that the President's role in the imposition of President's rule is limited to following the advice of the Council of Ministers, and the President should act in the best interest of the nation, considering the constitutional provisions and the advice given by the Prime Minister.

Laxmikanth Test: The President-1 - Question 2

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,

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

The correct answer is option D: 1, 2 and 3.
1. The governor can reserve certain types of bills passed by the state legislature for the President's consideration: This statement is true. The governor of a state has the power to reserve certain bills passed by the state legislature for the consideration of the President. This means that the governor can withhold his assent to the bill and refer it to the President for his 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: This statement is also true. According to the Constitution of India, there are certain matters that fall under the State List, which means that the state legislature has the power to make laws on these matters. However, if the state legislature wants to introduce a bill on any matter that falls under the State List and requires the President's previous sanction, it can only do so with the President's permission.
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: This statement is true as well. During a financial emergency, the President has the power to direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration. This means that the President can review and approve these bills before they become law.

Therefore, all three statements are correct, and the correct answer is option D: 1, 2 and 3.

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Laxmikanth Test: The President-1 - Question 3

Consider the following pairs:

1. Executive Authority - Conducting diplomatic relations

2. Legislative Authority - Summoning and proroguing Parliament

3. Financial Authority - Presentation of the annual financial statement (Union Budget)

4. Judicial Authority - Authority to grant pardons

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test: The President-1 - Question 3

Pair 1 (Correct): Conducting diplomatic relations is an executive function, as it involves managing foreign affairs and representing India internationally. 

Pair 2 (Correct): Summoning and proroguing Parliament is a Legislative Authority of the President.

Pair 3 (Correct): Presentation of the annual financial statement (Union Budget) is a Financial Authority of the President.

Pair 4 (Incorrect): The authority to grant pardons is a Executive  Authority of the President.

Laxmikanth Test: The President-1 - Question 4

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

Detailed Solution for Laxmikanth Test: The President-1 - Question 4
  •  Both the President and the Governor have the power to commute sentences, including death sentences.
  • The President can exercise this power under Article 72 of the Indian Constitution, while the Governor can do so under Article 161 but the Governor does not have this power for death sentences imposed by court-martial.
  •  Commutation refers to reducing the severity of a punishment; for instance, changing a death sentence to life imprisonment.
  • This power allows both the President and the Governor to show mercy and provide relief in specific cases, reflecting the humanitarian aspect of governance.

Therefore Correct Answer : Option C

Laxmikanth Test: The President-1 - Question 5

Consider the following statements regarding the Ordinance-Making Power of the President:

Statement I: The ordinance-making power of the President allows for the issuance of ordinances only when Parliament is not in session or either House is not in session.

Statement II: The ordinance-making power of the President is not subject to any limitations and can be exercised at any time.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test: The President-1 - Question 5

Statement I is correct: The President of India can issue ordinances only when Parliament is not in session or either House is not in session. This is a constitutional provision meant to address urgent matters that require immediate action.
Statement II is incorrect: The ordinance-making power is not absolute; it is subject to limitations. It can only be exercised under specific circumstances, primarily when the legislative bodies are not in session.
Thus, the correct answer is C: Statement I is correct, but Statement II is incorrect.

Laxmikanth Test: The President-1 - Question 6

Under which Article of the Constitution of India, the executive power of the union is vested in the President?

Detailed Solution for Laxmikanth Test: The President-1 - Question 6

Important Points 
Article 53: Executive Power of the Union

  1. The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
  2. Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union Shall be vested in the President and the exercise thereof shall be regulated by law.
  3. Nothing in this article shall –
  • be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
  • prevent Parliament from conferring by law functions on authorities other than the President.

Thus, we can conclude that under Article 53 of the Constitution of India, the executive power of the union is vested in the President.

Additional Information

  • Article 54: Election of President
  • Article 55: Manner of Election of President
  • Article 56: Term of Office of President
Laxmikanth Test: The President-1 - Question 7

Consider the following statements regarding the Constitutional Position of the President:

Statement I:
The President in India holds significant executive powers akin to the President of the United States.

Statement II:
The President's role is largely ceremonial, with the real executive power vested in the council of ministers headed by the Prime Minister.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test: The President-1 - Question 7

Statement I is incorrect as the President in India does not hold powers similar to the President of the United States but rather has a ceremonial role. Statement II correctly explains that the real executive power lies with the council of ministers, not with the President, aligning with the information provided.

Laxmikanth Test: The President-1 - Question 8

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,

Detailed Solution for Laxmikanth Test: The President-1 - Question 8

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.

 

 

Laxmikanth Test: The President-1 - Question 9

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?

Detailed Solution for Laxmikanth Test: The President-1 - Question 9

 President of India: The President of India is the ceremonial head of state and the constitutional head of the executive branch of the Indian government. As per Article 53 of the Indian Constitution, the President is also the Supreme Commander of the Indian Armed Forces.

  • The President is the highest-ranking military officer and exercises authority over the defence forces.
  • The President's role as the Supreme Commander includes appointing the chiefs of the Army, the Navy, and the Air Force.
  • The appointment of chiefs is made based on the recommendations of the Union Minister of Defence and the Prime Minister.
Laxmikanth Test: The President-1 - Question 10

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,

Detailed Solution for Laxmikanth Test: The President-1 - Question 10

1. Appointment of Inter-State Council: According to Article 263 the President of India has the authority to establish an inter-state council. This council is designed to facilitate cooperation between the central government and the state governments, as well as among the states themselves. This power is essential for addressing issues related to the distribution of powers and responsibilities among various levels of government.

2. Administration of Union Territories:  As per to Article 239 the President directly oversees the administration of union territories. This is accomplished through administrators who are appointed by the President. Union territories, unlike states, are directly governed by the central government, with the President playing a crucial role in their administration.

3. Scheduled Areas and Tribal Areas: The President indeed has the power to declare areas as Scheduled Areas as per the Fifth Schedule of the Constitution. These areas are typically those where tribal populations are predominant, and the schedule provides for the administration and control of these areas, allowing the President to make regulations for peace and good governance.

Therefore, Correct Answer : Option D


     
Laxmikanth Test: The President-1 - Question 11

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,

Detailed Solution for Laxmikanth Test: The President-1 - Question 11

The Correct Answer is D : 1,2 and 3

Explanation:
All the given statements about the administrative setup of the Government of India are correct. Here is a detailed explanation:
1. The President's Ministries/Departments are created by the President on the Prime Minister's advice:

  • This statement is correct. The President of India, on the advice of the Prime Minister, can create new ministries or departments.
  • The President acts on the advice of the Council of Ministers headed by the Prime Minister. This is as per Article 77 of the Constitution of India.

2. Each of the Ministries is assigned to a Minister by the President on the Prime Minister's advice:

  • This statement is also correct. The President, on the advice of the Prime Minister, assigns each ministry to a particular minister.
  • This is as per Article 78 of the Constitution, which stipulates that it is the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation.

The rules for the Government of India's allocation of business are made by the President:

  • This statement is correct. The President makes the rules for the allocation of business of the Government of India. This is as per the Allocation of Business Rules, 1961.
  • These rules are made by the President under Article 77(3) of the Constitution. They provide the framework for the governance of India and specify the businesses to be allocated to the various Ministries and Departments of the Government of India.


Hence, option D is the correct answer, which includes all the three statements.

Laxmikanth Test: The President-1 - Question 12

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.

Detailed Solution for Laxmikanth Test: The President-1 - Question 12

The Correct Option is A:- 1 only 

Explanation:
Governor:

  • The Governor holds office during the pleasure of the President as per the Constitution of India. This means that the Governor can remain in office as long as the President of India desires. The Governor can be removed by the President at any time, without any notice or reason.

Chief Election Commissioner (CEC):

  • The Chief Election Commissioner doesn't hold office during the pleasure of the President. The CEC has a fixed tenure of six years, or up to the age of 65 years, whichever is earlier. He can be removed from his office before the expiry of his term only on the recommendation of the Parliament with a two-thirds majority in both houses, on the grounds of proved misbehavior or incapacity.

Comptroller and Auditor General of India (CAG):

  • The Comptroller and Auditor General of India also doesn't hold office during the pleasure of the President. The CAG has a tenure of six years, or up to the age of 65 years, whichever is earlier. Similar to the CEC, the CAG can be removed from office only by an order of the President on the grounds of proved misbehavior or incapacity after an address by both Houses of Parliament.

So, among the given options, only the Governor holds the office during the pleasure of the President. Hence, the correct answer is A: 1 only.

Laxmikanth Test: The President-1 - Question 13

Consider the following statements:

1. During a national emergency, the President can suspend all fundamental rights.

2. The President can impose President's Rule due to the failure of constitutional machinery in states.

3. Financial Emergency allows the President to issue directives to reduce salaries and allowances of government officials, including judges.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test: The President-1 - Question 13
  •  Statement 1 is incorrect : Not all fundamental rights can be suspended during a National Emergency. The right to life and personal liberty (Article 21) cannot be suspended. Moreover, Article 20, which provides protection in respect of conviction for offenses, cannot be suspended. Suspension of fundamental rights under Article 359 is specific to those rights that may be explicitly mentioned in the Presidential Order, excluding Articles 20 and 21.
  •  Statement 2 is correct :Under Article 356 of the Constitution, if the President is satisfied that a situation has arisen where the government of a state cannot be carried on in accordance with the provisions of the Constitution, then President’s Rule (also known as State Emergency or President’s Rule) can be imposed. This is often referred to as the failure of constitutional machinery in a state.
  •  Statement 3 is correct :Under Article 360, if the President declares a Financial Emergency, he may issue directions for the reduction of salaries and allowances of all or any class of persons serving in the Union or a State, including the judges of the Supreme Court and the High Courts.

Therefore Correct Answer : Option C

Laxmikanth Test: The President-1 - Question 14

Consider the following statements:

1. Impeachment of the President can be initiated for "violation of the Constitution."

2. A two-thirds majority vote in both houses of Parliament is required for the removal of the President.

3. The charges for impeachment must be signed by half of the members of either house of Parliament.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test: The President-1 - Question 14

Statement 1 is correct : According to Article 61 of the Indian Constitution, the President can be impeached for "violation of the Constitution." This is the specific ground mentioned for impeachment.

Statement 2 is correct : The impeachment process requires a two-thirds majority of the total membership of each House of Parliament, not just those present and voting. This requirement ensures that the decision to remove the President has substantial support.

Statement 3 is incorrect : For impeachment charges to be leveled against the President, they must be signed by at least one-fourth of the total number of members of the House where the motion is introduced. The constitution does not require half the members to sign the charges.

Therefore Correct Answer : Option B

Laxmikanth Test: The President-1 - Question 15

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:

Detailed Solution for Laxmikanth Test: The President-1 - Question 15
  • 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.

Laxmikanth Test: The President-1 - Question 16

Which of the following bills can be tabled on the floor of the parliament only after the recommendation of the President of India:
1. Money Bills

2. Financial Bills

3. Ordinary Bill under article 3

4. Constitutional Amendment Bills.

Detailed Solution for Laxmikanth Test: The President-1 - Question 16

The bills that can be tabled on the floor of the parliament only after the recommendation of the President of India include:

1. Money Bills

  • Money bills are bills that deal with matters related to taxation, borrowing of money by the government, expenditure from the Consolidated Fund of India, etc.
  • As per Article 110 of the Indian Constitution, a bill is classified as a money bill if it contains only provisions related to these money matters.
  • - A money bill can only be introduced in the Lok Sabha (lower house of Parliament) and not in the Rajya Sabha (upper house).
  • Before a money bill is presented in the Lok Sabha, the President's recommendation is required.


2. Financial Bills

  • Financial bills are bills that deal with matters related to the financial obligations of the government, such as the appropriation of money from the Consolidated Fund, custodianship of the Consolidated Fund, etc.
  • There are two types of financial bills: a) Financial Bills I, and b) Financial Bills II.
  • Similar to money bills, the President's recommendation is required before introducing a financial bill in the Lok Sabha.


3. Ordinary Bill under Article 3

  • An ordinary bill under Article 3 refers to a bill that seeks to change the boundaries or names of existing states or to create new states.
  • As per Article 3 of the Indian Constitution, such a bill can only be introduced in the Parliament with the President's recommendation.


4. Constitutional Amendment Bills

  • Constitutional amendment bills are bills that seek to amend the provisions of the Indian Constitution.
  • These bills can be introduced in either house of Parliament (Lok Sabha or Rajya Sabha) and require a special majority for their approval.
  • Unlike money bills, financial bills, and ordinary bills under Article 3, constitutional amendment bills do not require the President's recommendation.


Therefore, the correct answer is Option A: Only 1, 2 & 3.

Laxmikanth Test: The President-1 - Question 17

Consider the following pairs:

1. Executive Authority - Appointment of the Prime Minister

2. Legislative Authority - Sending messages to Parliament about pending bills

3. Financial Authority - Prior recommendation for the introduction of money bills

4. Judicial Authority - Appointment of the Comptroller and Auditor General of India

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test: The President-1 - Question 17

Pair 1 (Correct) : The appointment of the Prime Minister is indeed a function of the executive authority, specifically the President of India, who appoints the leader of the majority party in the Lok Sabha or a person who can win the confidence of the majority in the Lok Sabha as the Prime Minister.

Pair 2 (Correct): The President, representing the executive branch, does have the authority to send messages to either House of Parliament regarding pending bills or even to call for a joint sitting of both Houses on certain legislative issues, as stipulated under Articles 86 and 108 of the Constitution.

Pair 3 (Correct): The introduction of money bills in the Lok Sabha requires the prior recommendation of the President, as per Article 117 of the Constitution. This is a critical component of the financial powers and responsibilities associated with the executive.

-Pair 4 (Incorrect): The appointment of the Comptroller and Auditor General of India is an executive function, performed by the President of India, as per Article 148 of the Constitution. It is not a judicial function.

Therefoe Correct Answer : Option C

Laxmikanth Test: The President-1 - Question 18

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

Detailed Solution for Laxmikanth Test: The President-1 - Question 18

Role of the President in the Parliament
 Option AConstitutional Right to Attend Parliament's Meetings 
The President of India does not have a constitutional right to attend the Parliament's meetings. While the President is an integral part of the Parliament, they are not required to attend its meetings. The President's presence is usually reserved for important occasions such as the opening and closing sessions of Parliament.
Option C : Constitutional Authority to Both Constitute and Dissolve Parliament 
The President of India does have the constitutional authority to dissolve the Parliament, but they do not have the authority to constitute it. The Parliament is constituted through the general elections held in the country, and the President's role is limited to summoning and proroguing the sessions of Parliament.
Option D :Head of the Executive Branch of the Government in our Parliamentary Democracy 
While it is true that the President of India is the head of the executive branch of the government in our parliamentary democracy, this alone does not make the President an integral part of the Parliament.
 Option B :Bill Cannot Become Law Without the President's Assent
The most significant reason for the President of India being an integral part of the Parliament is that a bill passed by both the Houses of Parliament cannot become law without the President's assent. Once a bill is passed by both the Lok Sabha (Lower House) and the Rajya Sabha (Upper House) of Parliament, it is sent to the President for their assent.

The President has the power to either give their assent to the bill, in which case it becomes law, or withhold their assent, in which case the bill does not become law. This power of the President acts as a check and balance on the legislative process, ensuring that the laws enacted by the Parliament are in line with the interests of the nation as a whole.
Therefore, option B is the correct answer as it accurately describes the reason why the President of India is an integral part of the Parliament.

Laxmikanth Test: The President-1 - Question 19

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:

Detailed Solution for Laxmikanth Test: The President-1 - Question 19

Discretionary Powers of the President
The President of a country holds certain discretionary powers that allow them to exercise their judgment and take independent actions in specific situations. In the case of India, the President has discretionary powers in various scenarios. Let's discuss each of the situations mentioned in the question:
1. Asking the Council of Ministers to reconsider the advice tendered to him:

  • The President can exercise discretionary powers by seeking reconsideration of the advice given by the Council of Ministers.
  • This power enables the President to review and reassess the recommendations and decisions put forward by the Council of Ministers before giving his final assent or taking any action.
  •  By doing so, the President can ensure that the advice given is in the best interest of the nation and aligns with the constitutional provisions.

2. Pocket veto in case of Parliamentary legislation:

  • The President can utilize a pocket veto when it comes to parliamentary legislation.
  • A pocket veto is a power that allows the President to indirectly veto a bill by not giving his assent within a specified time frame.
  •  If the President does not take any action on a bill passed by Parliament within a particular period (generally six weeks), it is considered as a pocket veto.
  • Through this discretionary power, the President can effectively prevent the enactment of a bill if he deems it necessary.

3. Appointing the Prime Minister when no political party can prove a clear majority:

  •  In situations where no political party can demonstrate a clear majority in the Parliament, the President exercises discretionary powers in appointing the Prime Minister.
  • The President weighs various factors, including the support extended by different political parties, the ability to form a stable government, and the overall political landscape, while making this decision.
  • By exercising this power, the President plays a crucial role in ensuring the formation of a government that can effectively govern and maintain stability.

Therefore, Correct Answer :Option D

Laxmikanth Test: The President-1 - Question 20

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:

Detailed Solution for Laxmikanth Test: The President-1 - Question 20

1. Appointment of the judges of the Supreme Court of India:

  • Judicial Power: The President has the authority to appoint the Chief Justice of India (CJI) and other judges of the Supreme Court.

2. Pardoning a death sentence:

  •  Judicial power: The Constitution provides the President with 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 offense.
  • Types of Pardons: The President can exercise these powers in the following ways:
    Pardon: Completely absolves the offender.
    Commutation: Substitution of one type of punishment with a lighter form.
    Reprieve: Temporary suspension of a sentence.
    Respite: Awarding a lesser sentence on special grounds.
    Remission: Reducing the amount of sentence without changing its character.

3. Deciding on whether a bill should be sent for reconsideration to the concerned state legislature:

  • Legislative Power: This is not a judicial power but a legislative one. If a bill, which can become a law applicable to one or more states but not all, is sent to the President after being passed by the Parliament, the President can send it back to the concerned state legislature for reconsideration.

Therefore ,Correct Answer : Option A

 

Laxmikanth Test: The President-1 - Question 21

The president nominates 12 members to the Rajya Sabha from

Detailed Solution for Laxmikanth Test: The President-1 - Question 21

The Nomination of Members to the Rajya Sabha by the President
The President of India has the authority to nominate 12 members to the Rajya Sabha, the upper house of the Parliament of India. This is stipulated in Article 80 of the Indian Constitution. The rationale behind this provision is to ensure that the Rajya Sabha represents a wide array of talent and expertise, which might not be present among the members who are elected through the regular political process.
These nominated members are chosen from the following categories:
People with special knowledge or practical experience in art, literature, science, and social service.

  • This is the correct category according to the Indian Constitution. It allows for the representation of practitioners and scholars in these fields who have made significant contributions to their respective disciplines.
  • This ensures that their expertise and experience can be used for the benefit of the nation. The National Integration Council does not have a role in recommending members for nomination to the Rajya Sabha.
  • Therefore, option A is incorrect. People who have contributed immensely to Indian politics are typically part of the political process and get elected through the regular electoral process. They are not specifically mentioned in the Constitution as a category for presidential nomination to the Rajya Sabha.
  • Therefore, option C is incorrect. Eminent political scientists who have never contested an election could potentially fall under the category of 'science'. However, they are not specifically mentioned in the Constitution as a separate category for presidential nomination to the Rajya Sabha. Therefore, option D is incorrect.

In conclusion, the President of India nominates 12 members to the Rajya Sabha from among people who have special knowledge or practical experience in the fields of art, literature, science, and social service, as per the Indian Constitution. This ensures that the Rajya Sabha benefits from a diverse range of expertise and experience.

Laxmikanth Test: The President-1 - Question 22

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.

Detailed Solution for Laxmikanth Test: The President-1 - Question 22

Roles of the President concerning the sessions of the Parliament:
The President of India has several significant roles and powers when it comes to the functioning of the Parliament of India. Here are the roles corresponding to the options mentioned:

  • Summoning: The President has the power to summon each House of Parliament to meet. This means that the President can call for a new session of the Parliament. This is done at such time and place as he thinks fit. Normally, there are three sessions of Parliament in a year: the Budget session, the Monsoon session, and the Winter session.
  • Proroguing: The President can prorogue the Houses of Parliament. This means that the President can end a session of the Parliament. However, it must be noted that prorogation does not affect the bills, resolutions, motions, etc., pending before the House, which can be resumed in the next session from the stage at which they were left before prorogation.
  • Dissolving Lok Sabha: The President has the power to dissolve the Lok Sabha. This means that the President can end the tenure of the Lok Sabha before its term of five years. However, the President can dissolve Lok Sabha only on the advice of the Prime Minister. Once the Lok Sabha is dissolved, all business including bills, motions, resolutions, etc., pending before it or its committees lapse.

So, all the above-mentioned roles - summoning, proroguing, and dissolving the Lok Sabha are performed by the President concerning the sessions of the Parliament. Hence, the correct answer is D: All of the above.

Laxmikanth Test: The President-1 - Question 23

Consider the following statements:

1. The President of India can declare war or peace only with the approval of Parliament.

2. The President of India serves a term of six years from the date of assuming office.

3. The President can continue in office until the successor takes over and is eligible for re-election for multiple terms.

Which of the statements given above is/are correct?

Detailed Solution for Laxmikanth Test: The President-1 - Question 23
  •  Statement 1 is correct. The President of India, as the supreme commander of the defense forces, can declare war or peace, but only with the approval of Parliament.
  •  Statement 2 is incorrect. The President of India serves a term of five years, not six, from the date of assuming office.
  • Statement 3 is correct. The President can continue in office until the successor takes over and is eligible for re-election for multiple terms.

Therefore Correct Answer : Option C

Laxmikanth Test: The President-1 - Question 24

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?

Detailed Solution for Laxmikanth Test: The President-1 - Question 24

The correct answer is B: 2 only.
Explanation:
1. An ordinance made when both the Houses are in session is valid if approved by the Council of Ministers and Parliament.

  • This statement is incorrect. According to Article 123 of the Constitution, the President can promulgate an ordinance only when both Houses of Parliament are not in session.
  • It is a temporary legislative power granted to the President in exceptional circumstances when immediate action is required and Parliament is not in session.
  • Once Parliament is in session, the ordinance must be approved by both Houses within a specified period, typically six weeks, from the reassembly of Parliament.


2. An ordinance cannot be used to amend the constitution.

  • This statement is correct. The power to amend the Constitution lies with the Parliament, not the President.
  • The President's power to promulgate ordinances is limited to making laws on matters that fall within the legislative competence of Parliament.
  • The Constitution can only be amended by following the specific procedure outlined in Article 368, which involves the introduction and passage of a constitutional amendment bill in both Houses of Parliament, followed by the President's assent.

Therefore, only statement 2 is correct, and the correct answer is B: 2 only.

Laxmikanth Test: The President-1 - Question 25

In the matter of State legislation, the President may

Detailed Solution for Laxmikanth Test: The President-1 - Question 25

The correct answer is C: withhold his assent to any bill reserved for his consideration

Under Article 200 and Article 201 of the Indian Constitution:

  1. When a Governor reserves a bill for the President's consideration, the President has the following options:

    • Grant assent to the bill.
    • Withhold assent to the bill.
    • Return the bill (if it is not a money bill) to the state legislature with a request for reconsideration.
  2. The President is not bound by the advice of the Council of Ministers in this matter, and he can withhold assent to any bill, including non-money bills, reserved for his consideration.
Laxmikanth Test: The President-1 - Question 26

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

Detailed Solution for Laxmikanth Test: The President-1 - Question 26

Constitutional Provision
The requirement for the President to address both Houses of Parliament assembled is a Constitutional Provision, specifically, it is stated in Article 87 of the Indian Constitution.

  • Role of President: The President, as the head of state, is required to inform Parliament about its summons. This is a key part of the separation of powers and checks and balances in the Indian political system.
  • Timing of the Address: The address is made at the beginning of the first session after each general election and at the start of the first session each year. This means that the President must address Parliament at least once a year.
  • Content of the Address: The President's address covers a wide range of issues, including government policy, legislative priorities, and national issues of importance. The President's address sets the agenda for the legislative year.
  • Importance of the Provision: This provision ensures that Parliament is kept informed of the President's perspective and allows the President to influence the legislative agenda. It also provides an opportunity for the President to comment on national issues and to set out the government's agenda.
  • Difference from other Provisions: This provision is different from statutory provisions, rules of procedure of the house, or parliamentary conventions, all of which are created by Parliament itself and can be changed by Parliament. A constitutional provision, on the other hand, is part of the Constitution and can only be changed through a constitutional amendment, which requires a special majority in Parliament.

In conclusion, the requirement for the President to address both Houses of Parliament assembled at specified times is a constitutional provision that plays a key role in the functioning of the Indian political system.

Laxmikanth Test: The President-1 - Question 27

Consider the following statements regarding the Pardoning Power of the President:

Statement I: The President's pardoning power includes the ability to grant pardons, commutations, remissions, respites, and reprieves.

Statement II: The President exercises the pardoning power independently without any advice from the Union Cabinet.

Which one of the following is correct in respect of the above statements?

Detailed Solution for Laxmikanth Test: The President-1 - Question 27

 

  • Statement I: The President of India has the authority to grant pardons, commutations, remissions, respites, and reprieves. This is enshrined in Article 72 of the Indian Constitution, which provides the President with the power to grant mercy in various forms to those convicted of offenses. This statement is correct.
  • Statement II: This statement suggests that the President exercises the pardoning power independently, without the advice of the Union Cabinet. However, this is incorrect. As per the constitutional framework and the established conventions in India, the President exercises executive powers based on the advice of the Council of Ministers, headed by the Prime Minister. This includes the exercise of the pardoning power. Therefore, the President does not act independently in this regard; rather, the decision is typically made on the advice of the Union Cabinet.

Therefore Correct Answer : Option C


     
Laxmikanth Test: The President-1 - Question 28

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?

Detailed Solution for Laxmikanth Test: The President-1 - Question 28

The correct answer is option D: None.
1. Ordinances can only be made from subjects in the Union List by the Union executive.
This statement is incorrect. According to Article 123 of the Indian Constitution, the President of India can promulgate ordinances on any subject mentioned in the Union List, the Concurrent List, or even the State List if both houses of Parliament are not in session.
2. All ordinances made by the state executive are null and void if made without the President's prior recommendation.
This statement is also incorrect. While the President's recommendation is required for the promulgation of ordinances by the President of India, state executives (Governors) do not require the President's recommendation to promulgate ordinances. State executives can issue ordinances under certain circumstances as specified in the state constitutions.

Therefore, neither statement 1 nor statement 2 is correct. Hence, the correct answer is option D: None.

Laxmikanth Test: The President-1 - Question 29

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.

Detailed Solution for Laxmikanth Test: The President-1 - Question 29

The Correct Answer is D: None of the Above

1. Dissolve the Lok Sabha:

  • The President has the power to dissolve the Lok Sabha (the lower house of Parliament).
  • This power can be exercised if the President is satisfied that there is no possibility of forming a stable government.
  • Specific circumstances for dissolution include a government losing a vote of confidence, failure to form a government after a general election, or when there is a constitutional crisis.
  • Dissolution is a measure taken when the President believes the government is unable to function effectively or when there is a severe political deadlock.

2. Dismiss the Council of Ministers:

  • The President can dismiss the Council of Ministers, which is the group of ministers headed by the Prime Minister.
  • This power can be exercised if the President believes that the Council of Ministers is not functioning properly or is acting against the interests of the country.
  • It allows the President to remove the entire government, including the Prime Minister, effectively leading to the fall of the government.

3. Promulgate ordinance to keep the legislative business on track:

  • The President has the power to promulgate ordinances, which are temporary laws.
  • This power is typically used in urgent situations when immediate action is required.
  • Ordinances are not directly related to Parliament's failure to perform its duty but serve as a mechanism for the executive branch to take legislative action when Parliament is not in session.
  • It is a tool to address pressing issues and is not a direct means of addressing parliamentary dysfunction.

In summary, the correct answer is D: None of the above because while the President has certain powers, none of these powers, either individually or in combination, are specifically designed to address Parliament's repeated failure to perform its duty. Each power has a distinct purpose and set of circumstances under which it can be exercised.

Laxmikanth Test: The President-1 - Question 30

Consider the following pairs:

1. Diplomatic Authority - Negotiation and conclusion of international treaties

2. Military Authority - Appointment of the Chief Election Commissioner

3. Veto Power - Withholding assent to bills passed by Parliament

4. Emergency Authority - Declaration of scheduled areas

How many pairs given above are correctly matched?

Detailed Solution for Laxmikanth Test: The President-1 - Question 30
  • Pair 1 (Correct): Negotiation and conclusion of international treaties is a Diplomatic Authority of the President.
  • Pair 2 (Incorrect): Appointment of the Chief Election Commissioner falls under Executive Authority, not Military Authority.
  • Pair 3 (Correct): Withholding assent to bills passed by Parliament is a part of the President's Veto Power.
  • Pair 4 (Incorrect): Declaration of scheduled areas is an Executive Authority, not Emergency Authority. Emergency Authority includes powers like declaring a state of emergency.

Therefore Correct Answer is Option B

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