Q 4 Polity 1Mar
Central Executive
Qts 1.Executive power of the Union is vested in the:
(A) Prime Minister of India
(B) President of India
(C) Parliament
(D)Council of Ministers
Ans.(B)
Exp: The President is the head of the Indian State. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation.
Article-53 of the Indian Constitution vests the executive powers of the Union of India in the President. As per the provisions under this article, "President will be the executive head of the Union and all the executive powers of the Union is vested in the President. This article further clarifies that he can exercise these powers either on his own or through officers subordinate to him in accordance with the Constitution."
Article-53 also provided the supreme command of defence forces of the Union to the President.
Now, this executive power of President under Article- 53 has a relation with the provision provided under Article-74, which says that "there shall be a Council of Ministers headed by Prime Minister to aid and advice the President in exercise of his functions".
Qts 2. Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers?
(A) 39th
(B) 40th
(C) 42nd
(D) 44th
Ans. (D)
Exp:- 42nd Amendment Act amended Article-74 and made a provision that President shall always act on advice of Council of Ministers. But due to the severe criticism of this provision,
44th Amendment Act again amended Article-74 and it gave President an option to return back the advice of Council of Ministers once for reconsideration It also added that if the same advice is rendered for the second time by the Council of Ministers, then the President is bound to act on that advice.
Qts 3. How is the President elected in India?
(A) Directly
(B) By Rajya Sabha Members
(C) By Lok Sabha Members
(D) By Indirect Election
Ans.(D)
Exp:- India is a republic i.e. President is the head of the State and the President is elected through an indirect election. Article-54, Article-55 and the President and Vice- President (election) Act, 1952 contain the provision regarding election of the President of India. And under Article-324 of the Constitution of India, the authority to conduct elections to the office of President is vested in the Election Commission of India. Now, since Constitution makers in India adopted for indirect election for this post, they provided for an electoral college under Article-54. Members of this electoral college elect the President of India. It consists of - (1) the elected members of both the Houses of Parliament (2) the elected members of the legislative assemblies of the States and (3) the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
Article-55 provides for the manner of election of President. As per Article-55(3) of the Constitution of India, the election of the President shall be held in accordance with the system of Proportional Representation by means of Single Transferable Vote(PRSTV) and the voting at such election shall be by secret ballot.
Qts 4. Consider the following statements:-
In the electoral college for Presidential Election in India
1. The value of the vote of an elected member of Legislative Assembly equals:
Total value of the votes of all elected MLAs divided by Total number of elected MPs.
2. The value of the vote of an elected members of Parliament equals: State Population divided by Number of elected MLAs of the state × 100
3. There were more than 5000 members in the latest elections. Which of these statement(s) is/are correct?
(A) 1 and 2
(B) Only 2
(C) 1 and 3
(D) Only 3
Ans.(B)
Exp: The process of calculation of votes in this election is based on the value of votes of members of the electoral college. It means every vote polled by an elector has a certain value. The value of votes of electors is basically determined on the basis of population of the States. The Constitution (Eighty-Fourth) Amendment Act, 2001 provides that until the population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purpose of calculation of value of the votes for the Presidential election shall mean the population as ascertained at the 1971 census. The value of the vote of each member of the electoral college, who is a member of a State Legislative Assembly, is calculated by dividing the population of the State by the total number of elected members of the Assembly, and then to divide the quotient by 1000. Total value of all members of each State Assembly is calculated by multiplying the number of elective seats in the Assembly by the value of vote for a member in that State. The total value of votes of all the States added together is divided by the total number of elected members of Parliament to get the value of vote of each Member of Parliament.
Thus, the total value of vote of all MLA's is equivalent to sum total of value of vote of all MP's. Therefore, this ensures the equality between Centre and the States to strengthen federal principles. And also from the above arrangement we can conclude that the value of votes of MLA's differs from State to State, as it is dependent on the population of the concerned State. However, the value of vote of the MP's is same.
Qts 5. Which one of the following is not correct regarding Presidential election?
(A) Election of the successor must be held before the expiry of the terms of the incumbent President.
(B) The President shall hold office for a term of five years from the date on which he enters upon his office.
(C) In the expiration of his term he continues to hold office until his successor enters upon his office.
(D) President's election may be postponed on the ground that electoral college is incomplete.
Ans.(D)
Exp:- Article-56 of the Constitution mentions the term of office of President. As per provisions under this article, the President holds office for a term of five years from the date on which he enters upon his office.
However, he can resign from his office at any time by addressing the resignation letter to the Vice-President. This article also says that any resignation addressed to the Vice-President shall also be communicated to the Speaker of Lok Sabha. Further, he can also be removed from the office before completion of his term by the process of impeachment.
The President can hold office beyond his term of five years until his successor enters upon his office.
And as per Article-57, he is also eligible for re- election to that office and can be elected for any number of terms.
Article-62 says that an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. This article also mentions that an election to fill the vacancy in the office of President by the reason of his resignation, removal, death or otherwise should be held within six months from the date of the occurrence of such a vacancy.
Disputes regarding the election of President can only be challenged in the Supreme Court and dispute related to the vacancy in the electoral college cannot be challenged. Thus, Presidential election cannot be postponed merely on the ground of incompletion of electoral college.
Qts 6. What is the time limit for holding election to fill the vacancy in the office of the President of India occurring by reason of his death, resignation or removal?
(A) One month
(B) Nine months
(C) Three months
(D) Six months
Ans.(D)
Exp:-Article-62 says that an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. This article also mentions that an election to fill the vacancy in the office of President by the reason of his resignation, removal, death or otherwise should be held within six months from the date of the occurrence of such a vacancy.
Qts7. In case of vacancy arising of any cause other than the expiry of the term of the President in office an election to fill the vacancy must be held:
(A) Within six months from the date of occur- rence of the vacancy.
(B) After one year from the date of vacancy
(C) After nine months from the date of vacancy
(D) After seven months from the date of vacancy
Ans.(A)
Exp:- See the explanation of the above question.
Qts 8. Consider the following statements about the President of India:
1. He should be citizen of India by birth.
2. He should have completed the age of 35 years.
3. He should be qualified for election as a Member of Parliament.
Which of these statement(s) is/are correct?
(A) Only 1
(B) Only 2
(C) 1 and 2
(D) 1 and 3
Ans.(B)
Exp:- Article-58 provides for the qualification for election as President. As per provisions under this article, a person to be eligible for election as President should fulfill the following qualifications:
1. He/she should be a citizen of India.
2. He/she should have completed the age of 35 years.
3.He/she should be qualified for election as a member of the House of the People (Lok Sabha).
4. He/she should not hold any office of profit under the Government of India or the Government of any Sate or under any local or other authority subject to the control of any of the said Governments.
This article also mentions that a sitting President or Vice-President of the Union or the Governor of any State or a Minister of the Union or of any State is not deemed to hold any office of profit and hence are qualified as for a Presidential candidate.
Qts 9. Which of the following types of authorities are attributed to the President of India?
1. Real and Popular
2. Titular and Dejure
3. Political and Nominal
4. Constitutional and Nominal
Select the correct answers from the codes given below:
(A) 1 and 3
(B) 2 and 3
(C) 1 and 4
(D) 2 and 4
Ans.(D)
Exp:- In Indian Parliamentary democracy, President is the Constitutional head, first citizen, head of the State and the formal executive, but it is the Prime Minister in India who is the real repository of all executive powers of the Union, as he is the head of the Government.
The Constitution formally vests many functions in the President but he has no function to discharge in his discretion or in his individual judgement. He acts on the advice of Council of Ministers which is headed by Prime Minister. Therefore, President is the nominal executive(de-jure) authority and the Prime Minister is the popular and the real executive(de-facto) authority. That is why it is also said that President represents the nation but does not rule the nation.
Qts 10. Under which article of the Indian Constitution the President can be impeached?
(A) Article 356
(B) Article 75
(C) Article 76
(D) Article 61
Ans.(D)
Exp:- Article-61 of the Constitution mentions the procedure for impeachment of the President. As per provisions of this article, the President can be impeached for 'violation of the Constitution'. However, the Constitution does not define the meaning of the phrase 'violation of the Constitution'. The procedure for impeachment is as following
1. A resolution seeking impeachment of the President can be brought in either House of Parliament. Any resolution to such effect can be brought only after two pre-conditions are satisfied- (A) A fourteen days prior notice has been served to the President. (B) One-fourth members of the house in which it is proposed to be brought have given signed approval.
2. After formal introduction in the originating house, the resolution after debate is to be passed by a special majority of not less than two-thirds of the total membership of that house.
3.After being passed from the originating house, the resolution moves to the other house, which constitutes a committee to enquire the charges framed against the President of India.
4.The President has the right to appear and defend himself before the committee. If the committee is successful in establishing the charges fully or partially, the process will continue.
5.Now, if the other House also passes the resolution by a special majority of not less than two-third of the total membership, then the President stands impeached from his office from the date on which such resolution is so passed.
Thus, an impeachment is a quasi-judicial procedure in the Parliament. In this context, two things should be noted- (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.
Till now, no President in India has been impeached.
Qts11. Consider the following statements in relation to Governor of a State in India:
1. He must be a citizen of India by birth
2. Must have completed the age of 35 years
3. He must be eligible to be a member of the Lok Sabha
4. He may be appointed as Governor for two or more States
Which of these is/are correct?
(A) 1 and 2 are correct
(B) 1, 2 and 3 are correct
(C) 1, 2 and 4 are correct
(D) 2 and 4 are correct
Ans.(D)
Exp:- The Governor is the chief executive head of the State. But, like the President, he is a nominal executive head and the real executive power lies with the Chief Minister of that State. As per Article-153, there shall be a Governor for each State, but through 7th Constitutional Amendment Act of 1956, a provision was added under this article to make it possible to appoint the same person as a Governor for two or more States, if required.
He is appointed by the President by warrant under his hand and seal.
Article-157 mentions the essential qualifications for the appointment of a person as Governor.As per this article, no person shall be eligible for appointment as Governor unless he is a citizen of India(no mention of any specific mode of acquiring citizenship) and has completed the age of 35 years.
As per Article-156, a Governor holds office for a term of five years from the date on which he enters upon his office.However, this term of five years is subject to the pleasure of the President. Further, he can resign at any time by addressing a resignation letter to the President.
Qts12. In case the post of the President of India falls vacant due to his death, resignation or removal from office, who will occupy that post?
(A) Prime Minister
(B) Chief Justice of the Supreme Court
(C) Vice-President
(D) None of the above
Ans.(C)
Exp:-President is head of the State and executive is head of the Union. Country cannot afford to be without President even for a moment. That is why, in case of vacancy in the office of the President due to his death, resignation, impeachment or otherwise, the Vice-President acts as the President until a new President is elected. And also, when the sitting President is unable to discharge his duties due to his absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.
In case the office of Vice-President is also vacant, the Chief Justice of India (or if his office is also vacant, the senior-most judge of the Supreme Court available) acts or discharges the functions of the President.
When Vice-President or Chief Justice of India, or the senior-most judge of the Supreme Court discharges responsibilities 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.
Qts 13. The Joint Sitting of the Lok Sabha and Rajya Sabha under Article 108 is summoned by:
(A) The President
(B) Speaker of Lok Sabha
(C) The Prime Minister
(D) Chairman of Rajya Sabha
Ans.(A)
Exp:- Article-108 contains the provisions regarding the joint sitting of both the Houses of Parliament in certain cases. As per provisions under this article, it can be summoned by the President of India to resolve a deadlock between the two Houses over the passage of certain categories of bills. There are three circumstances which can lead to a deadlock between two houses of the Parliament. These are
1. If a bill passed by one house is rejected by the other House.
2. If the amendment proposed to the bill by one house is not acceptable to the other house.
3. If more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.
It is to be noted that the provision of joint sitting is applicable to ordinary bills or financial bills only. In case of a money bill or Constitutional amendment bill, there is no provision of joint sitting.
It is the Speaker of Lok Sabha who presides over a joint sitting of the two Houses. In his absence, the Deputy Speaker or in case if the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha presides over joint sitting.
During the joint sitting if the bill in dispute is passed by a majority of the total membership of both the Houses present and voting, the bill is deemed to have been passed by both the Houses.
Qts14. Which one of the following Articles of Indian Constitution vests in President of India the power to issue ordinances?
(A) Article 74
(B) Article 78
(C) Article 123
(D) Article 124(2)
Ans.(C)
Exp: Ordinance is a contingency legislative process to deal with unforeseen or urgent situations. Article-123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. Ordinances issued by President have the same effect, nature, authority, force and effect as an act of Parliament, but they have the nature of temporary laws. President can promulgate an ordinance anytime except when both the Houses of Parliament are 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.
It can be issued by President only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action. It can be issued only on those subjects on which the Parliament can make laws.
Every ordinance issued by the President during the recess of Parliament must be approved by the Parliament within 6 weeks of its reassembly. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from date of the reassembly of Parliament. The ordinance may also cease to operate even before the prescribed six weeks, if both the Houses of Parliament pass resolutions for its disapproval. Thus, the maximum time for which an ordinance can remain in force even without approval of Parliament is six months and six weeks (six months being the maximum gap between the two sessions of Parliament).
Qts15. Who has the right under the Const seek the opinion of the Supreme Court on question of law?
(A) President
(B) Any High Court
(C) Prime Minister
(D) All the above
Ans.(A)
Exp: Article 143 talks about the Advisory or Consultative jurisdiction of the Supreme Court. This article authorizes the President to seek the opinion of the Supreme Court on any question of law or fact of public importance which has arisen or which is likely to arise. In this situation, the Supreme Court may or may not tender its opinion to the President. But, if the opinion sought is related to any dispute arising out of any treaty or agreement which was entered into before the commencement of the Constitution, the Supreme Court is duty bound to advise the President. The opinion expressed by the Supreme Court is only advisory in nature. President is not bound to accept the advice
Qts16. Which article of the Indian Constitution describes "The Executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union?
(A) Article 257
(B) Article 258
(C) Article 355
(D) Article 356
Ans.(A)
Exp: Articles 256 to 263 under Part XI of the Constitution deal with the administrative relations between the Centre and the States. Article-257 restricts the powers of State executive and sub-ordinates it to the powers of the union executive. As per this article, the use of executive power by State shall not prejudice or put obstacles in the exercise of executive powers of the Union. It also gives power to Union executive to give directions for this purpose.
Qts17. Who nominates the members for Rajya Sabha in India?
(A) Prime Minister
(B) Chief Justice
(C) President
(D) Vice President
Ans.(C)
Exp:-As per provisions under Article-80, President of India can nominate 12 members to the Rajya Sabha from amongst the persons having special knowledge or practical experience in art, science, literature and social service.
Further, as per provisions under Article-331, he can also nominate two members to the Lok Sabha from the Anglo-Indian Community, if he is of the opinion that the community is not adequately represented in the Lok Sabha. Originally, this provision was to operate till 1960 but has been extended till 2020 by the 95th Amendment Act, 2009.
Thus, President can nominate total of 14 members in the Parliament.
Qts18. Which one of the following statement is not correct?
(A) The Constitutional Amendment Bill has to be passed by both the houses.
(B) Constitutional cases in Supreme Court is heard by minimum five judges.
(C) Freedom of press is included in the Fundamen- tal Right, freedom of speech and expression.
(D) Zakir Hussain was the first Vice-President of India.
Ans.(D)
Exp: Statement 1:- Article-368 under Part XX of the
Constitution deals with the powers of Parliament to amend the Constitution and its procedure. As per provisions of this article, a bill seeking amendment of the Constitution can be initiated in either House of Parliament. Any Constitution Amendment Bill has to be passed by both houses with special majority which is a majority of the total membership of the House and a majority which is not less than two-thirds of the members of the House present and voting. It is to be noted that each House must pass the bill separately and in case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
Statement 2:- To decide any case "involving a substantial question of law as to the interpretation" of the Constitution of India, there is a provision under Article-145(3) that these cases should be decided by at least five judges bench which is named as Constitution bench. The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.
Statement 3:- Freedom of Speech and Expression provided under Article-19(1)(A) also includes Freedom of Press. It is an inferred right under this article. Freedom of Press includes- (A) right to express one's opinion (B) right to express other's opinion (C) right to have access to other's opinion.
Statement 4:- Dr. Zakir Hussain was the 3rd President and 2nd Vice-President of India. Whereas Dr. Sarvepalli Radhakrishnan was the first Vice-President of India.
Qts 19. Given below are two statements, one is labelled Assertion (A) and other is labelled as Reason (R) and choose the correct answer from codes given below
Assertion (A) : "The President or a Governor cannot be sued in a court of law for any act".
Reason (R): "The President can be impeached and the Governor may be dismissed for unconsti- tutional acts done."
Select the correct answer using codes given below:
A. Both (A) and (R) are true and (R) is the correct explanation of (A)
B. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
C. (A) is true, but (R) is false
D .(A) is false, but (R) is true.
Ans.(B)
Exp: President and Governors are the executive heads of the Union and the States respectively. Constitution through Article-361, attaches certain privileges and immunities to the office of President and Governors. They are not answerable to any court for the exercise and performance of the powers and duties of their office, or for "any act done or purporting to be done by them" in the exercise and performance of those powers and duties. The other privilege is that no criminal proceedings whatsoever can be instituted against the President and the Governor during their term of office. And also no process for the arrest or imprisonment of the President and the Governor can be issued from any court during their term of office. However, civil proceedings in which relief is claimed against the President and the Governors can be instituted during their term of office but for that at least two months prior notice is to be given to them explaining the nature of proceedings, cause of action etc.
Under Article-61, President of India can be impeached for the violation of the Constitution whereas Governor can also be removed from his office by the President as mentioned under Article-156(1).
Qts 20. Which of the following is not appointed by the President of India?
(A) Vice-President
(B) Prime Minister
(C) Governor
(D) Chief Election Commissioner
Ans.(A)
Exp: President is the executive head of the Union of India. All the important appointments in India are either done by President or in his name. Prime Minister, Governors, Chief Election Commissioner, Election Commissioners, Chairman and members of UPSC, judges of Supreme Court and High Courts etc. are appointed by the President.
However, Vice-President is not appointed by the President rather he is elected by the Members of Parliament. President of India administers oath of office to the Vice-President.