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Section A — Chapter 2

The Union Executive: The President and the Vice-President

Class 10 - APC Modern History & Civics Solutions


Short Answer Questions

Question 1

Who is the Chief Executive (Head of State) in India?

Answer

The President is the Chief Executive (Head of State) in India.

Question 2

Mention the qualifications which a person eligible for election as President must possess.

Answer

No person is eligible for election as President unless he-

  1. is a Citizen of India
  2. has completed the age of thirty-five years
  3. is qualified to become a member of the Lok Sabha

Question 3

Mention any two offices of profit, the holders of which may contest Presidential Election.

Answer

  1. A person holding the office of the Speaker of Lok Sabha or of the state Assembly may contest Presidential Election.
  2. An MP may contest Presidential Election.

Question 4

What is the term of Office of the President of India?

Answer

The President holds office for a term of 5 years.

Question 5

How long can the President continue to hold Office even after the expiry of the term?

Answer

The President continues to hold office even after the expiry of the term until his successor enters upon the office.

Question 6

On what grounds may the President of India be removed from Office?

Answer

The President can be removed from the office for violation of the Constitution by the process of Impeachment.

Question 7

Mention any two circumstances which cause vacancy in the Office of the President.

Answer

The Presidential Office may fall vacant because of

  1. The expiration of the term
  2. By reason of death

Question 8

Who constitute the Electoral College for the election of the President?
Or
Who elect the President of India?

Answer

The President is elected by the members of an Electoral College consisting of-

  1. The elected members of both Houses of Parliament
  2. The elected Members of the Legislative Assemblies of the States.

Question 9

What is meant by Single Transferable Vote System?

Answer

In Single Transferable Vote System, all the candidates are listed and the elector gives them numbers according to his preference.

Question 10

Who administers the Oath of Office to the President?

Answer

The Chief Justice of India administers the Oath of Office to the President.

Question 11

Who settles disputes in connection with the election of the President and Vice-President?

Answer

All doubts and disputes in connection with the election of the President or Vice-President are inquired into and decided by the Supreme Court, whose decision shall be final.

Question 12

Mention any two executive powers of the President of India.

Answer

Two executive powers of the President of India are-

  1. All executive orders are issued in the name of the President.
  2. The Constitution lays down that the Prime Minister is to be appointed by the President and the other Ministers are appointed by the President on the advice of the Prime Minister.

Question 13

Who is empowered by the Constitution to summon the Houses of Parliament and to dissolve the Lok Sabha?

Answer

The President is empowered by the Constitution to summon the Houses of Parliament and to dissolve the Lok Sabha.

Question 14

When does the President address both the Houses of Parliament assembled together?

Answer

The President addresses both Houses of Parliament assembled together at the first session after each General Election and at the commencement of the first session each year. The President may address either House or their Joint sitting at any time.

Question 15

Mention any two legislative powers of the President.

Answer

Two legislative powers of the President are-

  1. The President has the power to summon and prorogue the Houses of Parliament and to dissolve the Lok Sabha.
  2. The President nominates twelve members to the Rajya Sabha from among persons having special knowledge or practical experience in these matters — literature, science, art and social service.

Question 16

What is meant by the term 'Ordinance'?

Answer

An Ordinance is a direction or command of an authoritative nature. It has the same force and effect as an Act of Parliament.

Question 17

When can Ordinances be issued by the President?

Answer

The President can issue ordinances when both the houses or either of the house of the Parliament is not in session.

Question 18

Mention the Parliamentary control over the Ordinance - making power of the President.
Or
Why are the Ordinances considered temporary measures?

Answer

The Ordinance should be laid before both Houses of Parliament when they reassemble. If Parliament disapproves the Ordinance it lapses. If it is not disapproved, it will automatically cease to operate at the expiration of six weeks from the reassembly of Parliament. That is the reason why Ordinance is regarded as a temporary measure.

Question 19

What options are open to the President when an Ordinary Bill is sent for his Assent?

Answer

The President has the following options when an Ordinary Bill is sent for his assent-

  1. The President may withhold assent to a Bill or may send it back for reconsideration.
  2. The Constitution does not prescribe "any time-limit within which the President is to declare his assent or refusal or return the Bill for reconsideration." The President is at liberty to decide what is right or proper.

Question 20

Mention any one financial power of the President.

Answer

One financial power of the President is that a Money Bill cannot be introduced except on the recommendation of the President.

Question 21

Mention any one judicial power of the President.

Answer

One judicial power of the President is that the President is not answerable to any Court for the exercise of the powers and duties of his office.

Question 22

Mention any one discretionary power of the President of India.

Answer

One discretionary power of the President of India is that the President may withhold assent to a Bill or may send it back for reconsideration, if it is not a Money Bill.

Question 23

Mention three types of Emergencies which the Constitution makes provision for.

Answer

Three types of Emergencies which the Constitution makes provision for are-

  1. Emergency caused by war or external aggression or armed rebellion. This may be referred to as "National or General Emergency"
  2. Emergency on account of the failure of Constitutional machinery in States
  3. Emergency on account of a threat to financial stability of India.

Question 24

Under what circumstances can the President proclaim National or General Emergency?

Answer

A Proclamation of National Emergency may be made if President is satisfied that the security of India or any part thereof is threatened by war or external aggression or armed rebellion.

Question 25

Under what circumstances can there be imposition of President's Rule in a State?

Answer

If the President on receipt of a report from the Governor or otherwise, is satisfied that the governance of a State cannot be carried on in accordance with the provisions of the Constitution, he may declare an Emergency in the State.

Question 26

Under what circumstances may the Financial Emergency be proclaimed?

Answer

Article 360 provides for a situation where the financial stability or credit of India is threatened. In that event the President may declare a Financial Emergency.

Question 27

What qualifications should a person possess in order to be elected as Vice-President?

Answer

In order to be elected as Vice-President, a person must be-

  1. Citizen of India.
  2. must not be less than thirty-five years of age.
  3. must be qualified for election as a Member of the Rajya Sabha.
  4. He should not hold an Office of Profit under the Government of India or the Government of any State.

Question 28

What is the normal Term of Office of the Vice-President?

Answer

The normal term of Office of the Vice-President is five years. However, he continues to hold office until his successor enters upon his office.

Question 29

How long can the Vice-President continue to hold office even after the expiry of the term?

Answer

The Vice-President continues to hold office until his successor enters upon his office.

Question 30

How can the Vice-President be removed from Office?

Answer

The Vice-President may be removed by a resolution of the Rajya Sabha passed by a majority of all the then members and agreed to by the Lok Sabha.

Question 31

How is the Vice-President of India elected?

Answer

The Vice-President is elected by an Electoral College consisting of the members of both Houses of Parliament.

Question 32

Shri Hamid Ansari became the second person in India's history to have been re-elected the Vice-President. Name the person who was the first to get re-elected to this post.

Answer

Dr. S. Radhakrishnan was the first person to get re-elected as the Vice-President.

Question 33

Mention two important functions of the Vice-President.

Answer

Two important functions of the Vice-President are-

  1. The normal function of the Vice-President is to act as the Ex-officio Chairman of the Rajya Sabha.
  2. In the event of the President's death, resignation or removal, the Vice-President acts as President until a new President is elected and enters upon his office.

Question 34

Mention the circumstances under which the Vice-President will take over the office of the President. How long shall the Vice-President act as President?

Answer

The Vice-President will take over the office of the President normally under these situations:

  1. Death of the President
  2. Resignation of the President
  3. Removal of the President
  4. When President, owing to absence, illness or any other cause, is unable to discharge his functions.

In the event of the President's death, resignation or removal, the Vice-President acts as President until a new President is elected and enters upon his office.

Structured Questions

Question 1

The President of India shall be elected by the members of an Electoral College. In this context answer the following questions:

(a) What reasons were given for adopting the method of Indirect Election for Presidential Elections?

(b) How is the Electoral College for Presidential elections constituted and how is the value of vote of a Member of a Legislative Assembly and Members of Parliament determined?

Answer

(a) Four reasons were given for adopting the method of Indirect Election for Presidential election-

  1. The power really resided in the Council of Ministers, headed by the Prime Minister and the Union Parliament and not in the President as such. Therefore, it would be an anomaly if the President is to be elected directly by the people and is not given any real power.
  2. The framers of the Constitution wanted the Presidential election to remain a quiet and dignified affair. They knew that tremendous loss of time, energy and money would be involved in a direct Presidential election.
  3. It would be difficult to provide an electoral machinery for an election in which millions of people would have to participate. Such a complex system of voting is often difficult to understand.
  4. A direct election would place too much of power in the hands of the masses, many of whom being illiterate even now.

(b) The President is elected by the members of an Electoral College consisting of-

  1. The elected members of both Houses of Parliament
  2. The elected Members of the Legislative Assemblies of the States.

The number of votes which each elected MP or MLA is entitled to cast shall be determined in the following manner:

  1. Value of the Vote of each member of a State Legislative Assembly is determined by dividing the population of the State concerned by the total number of elected members of the Assembly. The quotient so obtained is divided by one thousand.
  2. Each elected Member of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to MLAs of the States by the total number of the elected Members of Parliament.
    Value of the Vote of an MP is as under:
    Total number of Votes assigned to MLAs of all States / Total number of elected MPs

Question 2

With reference to the Office of the President of India answer the following questions:

(a) What procedure has to be followed for Impeaching the President?

(b) What are two other ways in which a vacancy in the Office of the President may be caused?

Answer

(a) The President can be removed from the office for violation of the Constitution by Impeachment.

  1. The resolution to impeach the President may be moved in either House of Parliament.
  2. It must be passed by two-thirds of the total membership of that House.
  3. Then the charges are investigated by the other House. President has the right to appear in person in order to answer the charges. He has also the right to be defended by a Counsel (lawyer).
  4. If the charges are sustained by a two-thirds vote in the other House as well, the Impeachment succeeds. The President is removed from the office from the date on which the resolution is passed.

(b) The Presidential Office may fall vacant because of

  1. The expiration of the term
  2. By reason of resignation

Question 3

With reference to the powers of the President of India briefly explain the following:

(a) Any four Executive Powers

(b) Any two Judicial Powers

(c) Any two Military Powers

Answer

(a) Four executive powers of the President of India are-

  1. Head of the Union Executive — All executive orders are issued in the name of the President.
  2. Formation of the Council of Ministers — The Constitution lays down that the Prime Minister is to be appointed by the President and the other Ministers are appointed by the President on the advice of the Prime Minister. It is the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers.
  3. Administration of Union Territories — The Constitution provides that every Union Territory shall be administered by the President. The President acts through an Administrator with such designation as the President may specify.
  4. Control over State Governments — The Union Government may give necessary directions to a State. During President's rule the control of the Union Government over States is complete.

(b) Two judicial powers of the President of India are-

  1. The President is not answerable to any Court for the exercise of the powers and duties of his office.
  2. No criminal proceedings shall be instituted against the President in any Court during the term of office.

(c) Two military powers of the President of India are-

  1. The President is the Supreme Commander of the Defence Forces of India. However, the President is required to exercise this power in accordance with the laws made by Parliament.
  2. The President has the power as to declarations of War and Peace. The Parliament is competent to give directions to the President as to the exercise of such powers.

Question 4

The President is an essential part of the Union Parliament. In this context explain the following Legislative powers of the President of India:

(a) Power to summon and prorogue

(b) Right to address and send messages to either House of Parliament

(c) President's Assent to Bills

(d) Power to promulgate Ordinances

Answer

(a) The President has the power to summon and prorogue the Houses of Parliament.

  1. The power to summon Parliament is subject to the condition that six months shall not intervene between the last sitting in one session and first sitting in the next session.
  2. The President has the power to dissolve the Lok Sabha.
  3. The Rajya Sabha is a permanent body, not subject to dissolution.

(b) The President addresses both Houses of Parliament assembled together at the first session after each General Election and at the commencement of the first session each year.

The President may address either House or their Joint Sitting at any time. The President may also send messages to either House of Parliament.

(c) The President may give assent to the Bill or may refuse assent. The President can also send it back for reconsideration, if it is not a Money Bill. If the Bill is passed again by both the Houses of Parliament with or without amendment, the President must give his assent thereto.

(d) The President has the power to promulgate Ordinance. An Ordinance is a direction or command of an authoritative nature. It has the same force and effect as an Act of Parliament. This power is subject to these limitations-

  1. The Ordinance can be promulgated at a time when both Houses of Parliament are not in session. In other words, if one House is in session, there is no bar to issuing of Ordinance.
  2. The President must be satisfied that circumstances exist which render it necessary to take immediate action
  3. The Ordinance should be laid before both Houses of Parliament when they reassemble.

Question 5

The President can issue Proclamation of National Emergency under certain circumstances. In this context explain the following:

(a) The three circumstances leading to the Proclamation of National Emergency

(b) Duration of such Proclamation

(c) Effect of such Proclamation on Centre-State relations (or Federal Provisions of the Constitution)

(d) Effect of such Proclamation on Fundamental Rights

Answer

(a) A Proclamation of National Emergency may be made if President is satisfied that the security of India or any part thereof is threatened by-

  1. War
  2. External aggression
  3. Armed rebellion

(b) Every Proclamation of National Emergency must be approved by both the Houses of Parliament within one month.

  1. Even then, it cannot remain in operation for more than six months at a time.
  2. It will get a fresh lease of six months every time after being approved by Parliament by the said majority.

(c) So long as the Emergency lasts, the Federal provisions of the Constitution to some extent remain suspended. The Union Parliament can legislate upon any subject even though it is included in the State List.

(d) Fundamental Rights guaranteed under Article 19 remain suspended.

  1. This Article contains freedoms such as freedom of speech and assembly.
  2. The President may suspend the right to move any Court for the enforcement of such rights as may be mentioned in the Order (except the rights guaranteed under Articles 20 and 21).
  3. Article 20 says that no person shall be punished for the same offence more than once.
  4. Article 21 declares that "no person shall be deprived of his life or personal liberty except according to procedure established by law."

Question 6

With reference to Emergency in the event of failure of Constitutional Machinery in a State, answer the following questions:

(a) When is such an Emergency proclaimed?

(b) What is the Duration of the Emergency?

(c) What are the effects of the imposition of the President's Rule?

Answer

(a) If the President on receipt of a report from the Governor or otherwise, is satisfied that the governance of a State cannot be carried on in accordance with the provisions of the Constitution, he may declare an Emergency in the State.

The President may assume all or any of the functions of the Government of the State. That is why it is popularly known as the imposition of the "President's Rule".

(b) The duration of this emergency is two months.

  1. If it is to continue beyond two months, it should be ratified by the Parliament.
  2. But even if Parliament has ratified the Proclamation, it will cease to operate six months after the date of its issue.
  3. It can, however, be extended for another six months.
  4. Thus, President's Rule can normally continue only for a year.
  5. President's rule may be extended beyond one year only under the following two conditions-
    1. When a Proclamation of Emergency is in operation in the whole of India or in any part of the State.
    2. The Election Commission certifies that holding elections to the Legislative Assembly of the State is difficult. But no such Proclamation shall remain in force for more than three years.

(c) The consequences of the imposition of the President's rule are:

  1. Legislative Assembly of the State may be dissolved or suspended. In that case powers of the State Legislature shall be exercised by the Parliament.
  2. The Annual Budget of the State is passed by the Parliament.

Question 7

With reference to the Financial Emergency, explain the following:

(a) Circumstances surrounding the Proclamation of Financial Emergency

(b) Duration of such a Proclamation

(c) Consequences of Financial Emergency

Answer

(a) Article 360 provides for a situation where the financial stability or credit of India is threatened. In that event the President may declare a Financial Emergency.

(b) The Proclamation should be approved by Parliament if it is to continue beyond a period of two months. It may be revoked by the President at any time. The Financial Emergency continues until it is revoked by the President of India. No use of this power has been made until now.

(c) The consequences of Financial Emergency are:

  1. The President is competent to reduce salaries and allowances of persons employed by Union Government, including the Judges of the Supreme Court and the High Courts.
  2. The Union Government may ask the States to reduce salaries and allowances of all public servants connected with the affairs of the States.
  3. All Money Bills, passed by the State Legislatures, may be reserved for the consideration of the President.

Question 8

Powers shall be exercised by the President in accordance with the advice of the Council of Ministers, but situations may arise when the President may use his discretion to act as he thinks right. In this context describe any four Discretionary powers of the President of India.

Answer

Four discretionary powers of the President of India are-

  1. The President may withhold assent to a Bill or may send it back for reconsideration, if it is not a Money Bill.
  2. The Constitution does not prescribe "any time-limit within which the President is to declare his assent or refusal or return the Bill for reconsideration." The President is at liberty to decide what is right or proper.
  3. A situation may arise when after a General Election, no party or no leader seems to enjoy majority support in the Lok Sabha. Under such circumstances the President shall have freedom to decide who should be appointed as Prime Minister.
  4. It may be that the Prime Minister has lost the Confidence of the Lok Sabha. Instead of submitting his resignation, the Prime Minister may ask for the dissolution of the House. In this situation the President is not bound to act on the advice of the Prime Minister. The President should explore the possibility of forming an alternative government at the Centre.

Question 9

The election of the Vice-President shall be indirect and not many functions are attached to the office of the Vice-President as such. In this context answer the following questions:

(a) Mr. K. Mohanty is not legally eligible for election as Vice-President, even though he -

  1. is a Citizen of India,
  2. has completed the age of thirty-two years, and
  3. is qualified for election as a Member of the Rajya Sabha.

In view of these facts mention why he is not eligible for election as Vice-President.

(b) What are the three main functions of the Vice-President as the Ex-officio Chairman of the Rajya Sabha?

(c) Mention any three situations when the Vice-President shall take over the Office of the President of India.

(d) What is the effect of Vice-President's 'Casting Vote' as Chairman of the Rajya Sabha?
Or
When can the Vice-President give a Casting Vote and what is the effect of such a vote?

Answer

(a) Mr. K. Mohanty is not eligible for election as Vice-President because his age is less than thirty five years.

(b) The normal function of the Vice-President is to act as the Ex-officio Chairman of the Rajya Sabha. As Chairman of the Rajya Sabha, he-

  1. regulates debates and proceedings of the House and decides the order of speeches
  2. decides the admissibility of a resolution or of questions
  3. may suspend or adjourn the business of the House in case of grave disorder.

(c) The Vice-President will take over the office of the President normally under these situations:

  1. Death of the President
  2. Resignation of the President
  3. When President, owing to absence, illness or any other cause, is unable to discharge his functions.

(d) The Vice-President (as Chairman of the Rajya Sabha) shall not vote in the first instance.

  1. He is entitled to vote only when there is a tie, i.e., in case of an equality of votes for and against a proposal.
  2. Such vote is called Casting Vote.
  3. This Vote decides whether or not the Bill or the Resolution will be passed.
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