100 A1 Feb15 Himalai Oral Test President of India
Part A
Qts I. How is the President of India elected under Article54 ?
Ans 1.The President of India is elected by an indirect election in accordance with the system of proportional representation by means of a single transferable vote.
2.The electoral college consist of the elected members of both Houses of Parliament
3. Elected members of the Legislative Assemblies of the States
4. Elected members of Union Territories of Delhi and Puducherry.
Qts II. Write qualification of President of India under Article 58
(1) She should be a citizen of India
(2) She should have completed 35 years of age
(3) She should be qualified for election member of the Lok Sabha
(4) She should not hold any office of profit under union government or any local or other authority.
Qts III. Write Impeachment of President of India under Article 61
1. Article 61 provides that the President may be removed by impeachment from his office on grounds of violation of the constitution.
2.The impeachment charges may be initiated by either house of the parliament ( Lok Sabha / Rajya Sabha)
3. Charges should be signed by 1 / 4 th of the members of the house (Lok Sabha / Rajya Sabha ) which framed the charges.
4.The resolution of the charges should be passed by the majority of 2 /3 rd of its total membership of each houses ( Lok Sabha & Rajya Sabha )
Qts IV. Write Executive powers President of India under Article53?
1.All executive actions of the Government of India are formally taken in President name
2. President will appoints the Prime Minister and the other Ministers
3. President will appoints the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners,
4. President will appoints Chief Justice of India and other judges to Supreme court
5. President will appoints Chief Justice and other judges to High Courts
6. President will appoints Governors of the States.
Qts V. Write Legislative power President of India
1. Summons ( summon means starting day of session)
2. Prorogues ( closing day of session )
3. Dissolve ( permanent end of Lok Sabha ).
4..Summons a Joint sitting of both the houses of Parliament which is presided over by the speaker of the Lok Sabha.
5.Nominates 12 members of the Rajya Sabha
6..Promulgates ordinances when the Parliament is not in session.
Qts VI Explain Financial power President of India
1.Only with President prior oral recommendation money bills can be introduced in the Lok Sabha
2.Constitutes a Union Finance commission to distribution of revenues between the Centre and the States
Qts VII. Write Judicial power President of India
1. Appoints the Chief Justice and the Judges of Supreme Court
2. Seek advice from Supreme Court
(but Supreme Court advice not binding to President of India )
3. Appoints the Chief Justice and the Judges of High Courts.
Qts VIII Explain Diplomatic powers President of India
1.The international treaties and agreements concluded on behalf of the President.
2. President represents India in international forums and affairs
3. . President appoints Indian Diplomats like Ambassadors, High commissioners, and so on.
Qts IX. Explain Military power President of India
1.President is the Supreme Commander of the defense forces of India. He appoints the chiefs of the Army, the Navy and the Air force.
2.. President can declare war or conclude peace, subject to the approval of the Parliament.
Qts X . What is Absolute veto
Absolute veto is withholding of assent for bill passed in Parliament. Bill means law
Qts XI .What is Suspensive veto
Suspensive veto is instead of refusing the assent, the President returns the Bill or part of it for the reconsideration.
Qts XII. What is Pocket veto
Pocket veto is taking no action on the bill.
Qts XIII. What is Qualified veto
Qualified veto is sending back of a bill, which can be overridden by the legislature with a higher majority.
Qts XIV. What is Pardon
Pardon is removal of both the sentence and the conviction which given by court .
Qts XV. What is Commutation
Commutation is substitution of one form of punishment for a lighter form.
Qts XVI What is Remission
Remission is reducing the period of sentence without changing its character.
Qts XVII .What is Respite
Respite is awarding a lesser sentence in place of one originally awarded due to some special fact like physical disability of a convict or the pregnancy of woman offender.
Qts XIII What is Reprieve
Reprieve stay of the execution of a sentence for a temporary period to enable the convict to have time to seek pardon or commutation from the President.
Qts XIX How President will appoint Prime Minister
1.The President generally appoints the head of the party that wins majority of the seats as the Prime Minister
2.In situations where no party can claim absolute majority to form a government, Presisdent can use his discretion to appoint a person as the Prime Minister but President has to give a time to prove that person his majority in Lok Sabha
Part B Previous Year Question
Qts I. With reference to the election of the President of
India, consider the following statements:
1.The value of the vote of each MLA varies from State to State.
2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. A
Explanation:
Statement 1 is correct : Every elected member of the legislative assembly of a State has as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the Assembly. Therefore, the value of each vote of each MLA varies from state to state.
Statement 2 is not correct: Every elected member of either House of Parliament shall have such number of votes assigned to the members of the State Legislative Assemblies by the total number of elected members of both the Houses of Parliament. Therefore, the value of vote of MPs of Lok Sabha and Rajya Sabha is equal.
Qts II. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
(a) the Assembly of the State is automatically dissolved.
(b) the power of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
(c) Article 19 is suspended in that State.
(d) the President can make laws relating to that State.
Ans.B
Explanation:
After the imposition of Article 356, the Governor of the State on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President. The President can either suspend or dissolve the state legislative assembly. The President can also declare that the powers of the State Legislature shall be exercisable by or under the authority of the Parliament.
Qts III. Which of the following are not necessarily the consequences of the proclamation of the President's Rule in a State
1. Dissolution of the State Legislative Assembly
2. Removal of the Council of Ministers in the State
3. Dissolution of the local bodies
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Ans. B
Explanation:
Statements 1 and 3: The President can either suspend or dissolve the Legislative assembly, so statement 1 does not necessarily follow the proclamation of the President's Rule in a state. Similar is the case with regard to the dissolution of local bodies.
Statement 2: When the President's Rule is imposed in a state, the President dismisses the state Council of Ministers headed by the Chief Minister. So, it's a necessary consequence of the proclamation
Qts IV. Consider the following statements
1. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans. A
Explanation:
Article 77(3) provides that President shall make rules. Rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
Under Article 77(1) all executive action shall be expressed to be taken in the name of the President (and not the Prime Minister).
Qts V .Under which Article of the Indian Constitution did the President give his assent to the ordinance on electoral reforms, when it was sent back to him by the Union Cabinet without making any changes
(a) Article 121
(b) Article 122
(c) Article 123
(d) Article 124
Ans. C
Explanation:
(a) Article 121-Restrictions on discussion in the Parliament
(b) Article 122-Courts barred from enquiring into the proceeding in the Parliament
(c)Article 123 lays down the ordinance making power of the President
(d) Article 124-Establishment of Supreme Court.
Part B Answer I A , IIB , IIIB, IVA , VC
Part C
Qts I, How is the President of India elected?
Ans The President of India is indirectly elected by means of single transferable vote by an electoral college.
The President of India is elected by an indirect election in accordance with the system of proportional representation by means of a single transferable vote. The electoral college consist of the elected members of both Houses of Parliament, elected members of the Legislative Assemblies of the States and the elected members of Union Territories of Delhi and Puducherry.
Qts II What are the exceptions when the Presidents of and advice of the Council of Ministers?
Ans India being a Parliamentary democracy, Prime Minister along with his Council of Ministers is the real executive. At the same time, India by virtue of a Republic also provides for an elected President, who is but a nominal executive.
Moreover this position, have been made all the more prominent by the changes made by the 42nd and 44th Amendments to the Constitution. These amendments made it compulsory for the President to abide by the advice of the Council of Ministers, in the discharge of his functions.
However, there are exceptions where President acts on his discretion
1 In appointing the Prime Minister from among the contenders when no single party attains majority after elections to the Lok Sabha.
2. The Council of Ministers after being voted out and after resigning advices the President to dissolve the Lok Sabha has and hold fresh elections, the President may exercise in his direction.
3.In the exercise pocket veto
4.Can return the advice of the Council of Ministers once for its reconsideration.
5. Can return the Bill passes by the Parliament once for its reconsideration.
Qts III Pocket Veto
Ans The President neither ratifies nor rejects and returns the Bill, but simply keeps the Bill pending for an indefinite period. This power of the President to take any action on the Bill is known as the Pocket Veto.