Which of the following is not the requisite qualification for a candidate to be eligible for election as the President of India?
- Not less than 35 years of age
- Must not hold office of profit
- Must be eligible to become a member of Lok Sabha
- Must be a member of either House of Parliament
Answer
Must be a member of either House of Parliament
What is the maximum age prescribed for election as President of India?
- 58 years
- 62 years
- 60 years
- No such limit
Answer
No such limit
The electoral college, which elects the President, consists of:
- Elected members of both Houses of Parliament only
- Elected members of the State Legislative Assemblies and of both the Houses of Parliament
- Only elected members of Lok Sabha and of State Legislatures
- Members of Parliament and of the State Legislative Assemblies
Answer
Elected members of the State Legislative Assemblies and of both the Houses of Parliament
The election to the office of President is conducted by
- Speaker
- Supreme Court
- Election Commission of India
- Parliament
Answer
Election Commission of India
Regarding his power of pardon, the President can employ it in
- all the cases of punishment by a court martial
- offences against laws in the Union and Concurrent Lists
- pardoning a sentence of death
- all the above instances
Answer
all the above instances
In the election of the President
- states are given greater weightage
- the centre enjoys greater weightage
- parity between the states and the centre has been maintained
- none of the above
Answer
parity between the states and the centre has been maintained
A candidate for the office of President must be sponsored and seconded by at least
- 40 members of electoral college each
- 30 members of electoral college each
- 20 members of electoral college each
- 50 members of electoral college each
Answer
50 members of electoral college each
The President can be removed from office
I. On the resignation before expiry of term of five years
II. On impeachment by Parliament
III. He cannot leave office once elected unless illness or death occurs
- II, III
- Only II
- I and II
- None of these
Answer
I and II
To whom does the President address his letter of resignation?
- Prime Minister
- Vice President
- Speaker
- Chief Justice of India
Answer
Vice President
Which body decides disputes arising out of Presidential election?
- High Court of Delhi
- Parliament
- Supreme Court
- Election Commission of India
Answer
Supreme Court
How long does a Presidential ordinance remain in force?
- 3 months
- 2 months
- 6 months and 6 weeks
- 9 months
Answer
6 months and 6 weeks
The President has the same constitutional authority as the
- British monarch
- President of USA
- President of France
- President of USSR
Answer
British monarch
The President can be impeached for
- violating the Constitution
- disregarding Parliament
- for not adhering to Prime Minister's advice
- all the above
Answer
violating the Constitution
Legally speaking who can declare war or peace on behalf of India?
- Chief of Defence Staff (CDS)
- Prime Minister
- President
- Union Defence Minister
Answer
President
The President of India can declare
- national emergency
- financial emergency
- constitutional emergency
- all three types of emergency
Answer
all three types of emergency
Who administers oath of office to the President?
- Speaker
- Chief Justice of India
- Vice-President of India
- Prime Minister of India
Answer
Chief Justice of India
In case the office of President falls vacant, fresh elections to fill up the post must be held within
- 60 days
- 6 months
- one year
- such period as decided by union cabinet
Answer
6 months
In the question given below, there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option.
- Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
- Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).
- Assertion (A) is true, but Reason (R) is false.
- Assertion (A) is false, but Reason (R) is true.
Assertion (A) : The Vice President is elected directly by the people.
Reason (R) : He is the ex-officio chairman of Rajya Sabha.
Answer
Assertion (A) is false, but Reason (R) is true.
Explanation — The Vice President of the Indian Union is elected jointly by members of both the Houses of the Parliament. He is the ex-officio chairman of Rajya Sabha.
Given below are details of a few Indian citizens.
| Candidate | Age | Other details |
|---|---|---|
| W | 30 | His nomination is proposed and seconded by 40 electors |
| X | 34 | He is a proclaimed offender |
| Y | 36 | He is a Governor |
| Z | 40 | He is an employee of Union Government |
Select the candidate who fulfils the eligibility criteria to become a President of India.
- W
- X
- Y
- Z
Answer
Y
Many members of Parliament feel that the President has acted against the provisions of the Constitution and want to remove him. Which of these motions shall the members move?
- No confidence Motion
- Impeachment Motion
- Adjournment Motion
- Censure Motion
Answer
Impeachment Motion
Identify the valid reasons for proclamation of National Emergency.
P : There is a verbal request by the Union Cabinet headed by Prime Minister
Q : There is a war with a foreign country
R : There is an internal disturbance
S : There is an armed rebellion
- P and Q
- R and S
- Q and S
- Q and R
Answer
Q and S
Read the two statements given below regarding the legislative power of the President, and select the option that shows correct relationship between (A) and (B).
(A) No bill passed by the Parliament can become an Act or law unless the President signs it.
(B) The President has no choice other than signing the bill if it is not a Money Bill.
- (B) contradicts (A)
- (B) is the reason for (A)
- (A) is true but (B) is false
- (A) and (B) are independent of each other.
Answer
(A) is true but (B) is false
Who is the chief executive authority of the Indian Union?
Answer
The chief executive authority of the Indian Union is the President.
What is the term of office of the President of India?
Answer
The President of India is elected for a term of five years.
Mention the qualifications which a person seeking election to the office of the President must possess.
Answer
A person seeking election to the office of the President must possess the following qualifications :
- He should be a citizen of India.
- He should have completed the age of thirty-five years at the time of election.
- He must be qualified for election as a member of the Lok Sabha but shall not be a member.
- He should not hold any office of profit under the Central or State Government. If he does, he must vacate such a post before seeking election. However, the Governor of a State, a Minister of the Union or State, or the Vice-President of the Union is not considered to be holding an office of profit.
- He should not be a proclaimed offender or a sentenced criminal under the law of the land.
How many electors should propose and second a Presidential candidate?
Answer
A prospective Presidential candidate must have his nomination paper proposed by at least 50 electors (members of the Electoral College) and seconded by another 50 electors.
Who elects the President of India?
Answer
The President of India is elected indirectly by the Electoral College.
Who constitutes the Electoral College for the election of the President?
Answer
The Electoral College for the election of the President consists of:
- the Elected members of the Legislative Assemblies of all the Federating States including those of Union Territories of Delhi, Jammu & Kashmir and Puducherry.
- the Elected members of the Lok Sabha and the Rajya Sabha.
How is the voting power of an elected member of a Vidhan Sabha worked out in the election of President?
Answer
Value of the vote of each member of the Vidhan Sabha (Legislative Assembly) is determined by dividing the population of the State concerned by the total number of the elected members of the Assembly. The quotient so obtained is divided by one thousand.
(Total Population of the State/ Total number of elected members of the Legislative Assembly ) ÷ 1000
How is the voting power of an elected member of the Parliament worked out in the election of President?
Answer
The voting power of an elected member of the Parliament is worked out as per the formula given below :
(Total Voting Power of All the States / Elected Members of the Parliament)
Who settles the dispute arising in connection with the election of the President?
Answer
The Supreme Court of India settles the dispute arising in connection with the election of the President.
Who administers the oath of office to the President?
Answer
The Chief Justice of India administers the oath of office to the President.
What does the President solemnly undertake to do when he takes the oath of office?
Answer
In his oath the President promises :
- to faithfully discharge the functions of the President
- to preserve, protect and defend the Constitution and the law
- to devote himself to the service and well-being of the people of India.
What do you call the official process by which a President who has violated the Constitution is removed from office?
Answer
The official process by which a President who has violated the Constitution is removed from office is called the Impeachment process.
Mention any two executive powers of the President.
Answer
Two executive powers of the President are:
- The President is the Head of the Executive. All executive orders of the Union are issued in his/her name.
- He has to make many appointments to key posts to run the administration. He appoints the Prime Minister, the Council of Ministers, the Governors of the States, and so on.
Mention any two legislative powers of the President.
Answer
Two legislative powers of the President are:
- He can summon and prorogue either House of the Parliament. The power to summon Parliament is subject to the condition that there shouldn't be a gap of more than 6 months between two sessions of each House.
- He can dissolve the Lok Sabha and order fresh elections.
Explain the term Ordinance.
Answer
An ordinance is a law promulgated by the President when Parliament is not in session. It has the same force and effect as an Act of Parliament. The ordinance must be laid before both Houses when they reassemble. If it is not approved within six weeks from the date of reassembly, it automatically ceases to operate. An ordinance also lapses if it is replaced by a new Act passed by Parliament.
When can the President issue an Ordinance?
Answer
The President can promulgate an ordinance when the Parliament is not in session.
How many members can the President of India nominate to the Rajya Sabha and what qualifications, if any, should they possess for nomination to the Rajya Sabha?
Answer
The President can nominate 12 members to the Rajya Sabha from among persons who have distinguished themselves in the fields of literature, science, art, and social service.
What is meant by the Joint Session of Parliament?
Answer
If a bill has been rejected by any House of the Parliament and if more than six months have elapsed, the President can summon a Joint Session of the both Houses of the Parliament for the purpose of passing the bill.
When does the President address the Houses of the Parliament assembled together?
Answer
The President of India addresses both Houses of Parliament, assembled together:
- at the commencement of the first session after each general election to the Lok Sabha
- at the commencement of the first session of each year (Budget Session)
- at the Joint session of the Parliament.
Whom does the President call upon to form the government after the election to the Lok Sabha?
Answer
The President summons the leader of the majority group in the Parliament and asks him to form the Government.
What can the President do if he does not wish to sign a Non-Money Bill passed by the Parliament?
Answer
If the President does not wish to sign a Non-Money bill, he may withhold the Bill or send it back to the House for reconsideration with his suggestions or recommendations. However, if the Bill is passed again with or without his suggestions, the President has to give his assent.
Under what circumstances can the President proclaim a State of Emergency in the country?
Answer
The President can proclaim a state of emergency in the country in the following circumstances:
- National Emergency can be declared when whole of India or a part of its territory in case of war or external aggression or armed rebellion.
- State Emergency can be declared when the President feels that the constitutional machinery has broken down or the government can not be carried-out according to the provisions of the Constitution.
- President can proclaim a Financial Emergency when the financial stability or credit feasibility of the nation or of any part of its territory is threatened or has occurred or is likely to occur.
How has the power of the President to declare an Emergency been subjected to the control of the Parliament?
Answer
The Parliament controls the power of the President to declare an emergency as the proclamation of emergency should be approved by the Parliament within one month for National emergency, and within two months for State and Financial emergency.
State one limitation imposed on the powers of the President by
(i) the Parliament and (ii) the Council of Ministers.
Answer
(i) The President can only recommend changes in the ordinary bills, or withhold them if he does not wish to sign them. If they are passed a second time, the President has to give his assent. The President has no choice in case of a Money Bill. He has to sign it.
(ii) The Council of Ministers, led by the Prime Minister, limits the President's executive power by requiring the President to act on their advice in most matters.
How is the Vice President elected?
Answer
The Vice President of the Indian Union is elected jointly by members of both the Houses of the Parliament. The election of the Vice President shall be indirect and in accordance with the system of proportional representation by means of the single transferable vote. The proposal for nomination of Vice President has to be proposed by 20 members and seconded by 20 members of Parliament. An absolute majority of the votes polled is also required for the election of the Vice-President.
Mention any one important function of the Vice President of India.
Answer
The Vice President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha.
How can the Vice President of India be removed from office?
Answer
The Vice President of India may be removed by a resolution of the Upper House passed by an effective majority (majority of all the members of the House) and agreed to by the Lok Sabha with simple majority.
When can any State of the Indian Union be placed under the President's rule?
Answer
The President can declare a State Emergency or President's Rule when he is fully satisfied, based on the report of the Governor of the concerned state, that the constitutional machinery has broken down or the government cannot be carried on according to the provisions of the Constitution. He can then proclaim a State of Emergency in the state under Article 356. Such an Emergency must be approved by the Parliament within a period of two months.
People of great integrity and eminence have always held the high post of President of the Indian Republic. In this context, explain the following :
(a) Who is elected as the President of India?
(b) How is the President of India elected?
(c) Explain how the President of India can be removed from office?
Answer
(a) To seek election to become the President of India, a person must have the following qualifications:
- He should be a citizen of India.
- He should have completed the age of thirty-five years at the time of election.
- He must be qualified for election as a member of the Lok Sabha but shall not be a member.
- He should not hold any office of profit under the Central or State Government. The Governor of a State or a Minister of a Union or State or Vice-President of the Union is not considered a person holding an office of profit.
- He should not be a proclaimed offender or a sentenced criminal under the law of the land.
(b) The President of India is elected indirectly by the members of an Electoral College.
Value of the vote of each member of the Vidhan Sabha (Legislative Assembly) is determined by:
(Total Population of the State / Total number of elected members of the Legislative Assembly ) ÷ 1000
The voting power of an elected member of the Parliament is worked out as per the formula given below:
(Total Voting Power of All the States / Elected Members of the Parliament)
The election of the President is held according to the system of proportional representation by means of Single Transferable Vote System. According to this system, the voter may mark as many preferences (1, 2, 3, 4, 5, 6, ...) on the ballot paper as there are the candidates. After the casting of votes is over, first of all the first preference votes are counted. If any candidate gets the absolute majority or more than 50% of the votes, he is declared elected and there is no need of counting the second preference votes. But in case no candidate is able to get the absolute majority, then the candidate who has secured the least votes is eliminated and his second preference votes are added to the other candidates. This process goes on and ultimately the candidate who gets the absolute majority is declared elected. Any dispute that arises is settled by the Supreme Court of India.
(c) The President of India can be removed from office by the process of Impeachment.
- Resolution of impeachment is moved after at least fourteen days prior notice in writing signed by not less than one-fourth of the total number of members of either House starting the process.
- The resolution is passed by a majority of not less than two-thirds of the total membership of the House.
- When a charge has been so preferred by either House of Parliament, the other House will investigate the charge and the President has the right to appear and to be represented at such an investigation.
- If, as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the investigating House, declaring that the charge has been sustained, the President will have to vacate his office.
The President of India enjoys vast powers. In this context, explain :
(a) His executive powers
(b) His legislative powers
(c) His judicial powers.
Answer
(a) The executive powers of the President are given below:
- Head of the Union Administration — All executive orders are issued in the name of the President. All the Union officials are his subordinates.
- 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.
- Union Territories and Border Areas — The administration of the Union Territories and the Border Areas is the responsibility of the President.
- Appointment to key posts — The President appoints the Prime Minister, and the Council of Ministers on his advice. He summons the leader of the majority group in the Parliament and asks him to form the Government. He makes many other appointments to key posts to run the administration.
(b) The legislative powers of the President are given below:
- Addresses Sessions of Parliament — The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year. In this address he lays emphasis on the internal and external policies of the Government. The President has the power to address either House of Parliament or their joint sitting at any time.
- Messages to Parliament — He has the power to send messages to either House of Parliament either in the regard to any pending Bill or to any other matter.
- Dissolve the Lok Sabha — He can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.
- Nominate members to the Rajya Sabha — He nominates 12 members to the Rajya Sabha from among persons having distinguished themselves in field of literature, science, art and social service.
- Promulgating Ordinances — The President can promulgate an ordinance when the Parliament is not in session. However, it should be laid before both the Houses of Parliament for approval when they reassemble.
(c) The judicial powers of the President are given below:
- He is not answerable before any Court of Law for the discharge of his duties.
- No criminal suit can be initiated against him during his tenure of office.
- He has the power to grant pardon, to remit or suspend a sentence of punishment on any appeal for mercy. He can exercise aforesaid powers in following cases —
- in all the cases where the sentence is for an offence against any law contained in Union and Concurrent Lists.
- in all cases where the sentence is by a Court Martial.
- in all cases where there is a death sentence. He can commute even death sentence to imprisonment for life or otherwise in respect of an offender who has been sentenced to death by the Supreme Court.
Of all the powers vested in the President of India, his emergency powers have the most far-reaching effects. Keeping this theory in view, describe the following :
(a) Emergency caused as a result of a threat to the security of India.
(b) Emergency caused as a result of the breakdown of the constitutional machinery.
(c) Financial Emergency.
Answer
(a) National Emergency can be declared in the whole of India or a part of its territory in case of war or external aggression or armed rebellion. Under Article 352, the President can declare such an Emergency only on the basis of a written request by the Union Cabinet headed by the Prime Minister. Such a proclamation must be approved by the Parliament within one month. It can be imposed for 6 months at a time, and can be extended by 6 months by repeated parliamentary approvals, with no maximum duration.
(b) State emergency or President's rule is proclaimed by the President when he is fully satisfied, on the basis of the report of the Governor of the concerned state that the constitutional machinery has broken down or the government can not be carried-out according to the provisions of the Constitution. Such an Emergency must be approved by the Parliament within a period of 2 months. Such an Emergency can be imposed from 6 months to a maximum period of 3 years with repeated parliamentary approvals every 6 months. If the Emergency needs to be extended beyond a period of 3 years, this can be achieved by a constitutional amendment.
(c) Under Article 360 of the Constitution, President can proclaim a Financial Emergency when the financial stability or credit feasibility of the nation or of any part of its territory is threatened or has occurred or is likely to occur. Such an Emergency must be approved by the Parliament within two months by a simple majority.
With reference to the Vice President of India, explain the following :
(a) How is the Vice President of India elected?
(b) What are his functions?
Answer
(a) The Vice President of the Indian Union is elected jointly by members of both the Houses of the Parliament. The election of the Vice President shall be indirect and in accordance with the system of proportional representation by means of the single transferable vote. The proposal for nomination of Vice President has to be proposed by 20 members and seconded by 20 members of Parliament. An absolute majority of the votes polled is also required for the election of the Vice-President. All disputes regarding his election is decided by the Supreme Court.
(b) The functions of the Vice President are given below:
- Ex-Officio Chairman of the Rajya Sabha : The Vice President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha. The Vice-President receives his salary and many other facilities in his capacity as Chairman of the Rajya Sabha. He can exercise a casting-vote in case of a tie.
- Acting as the President of India : If the office of the President falls vacant due to his resignation, death, impeachment, illness or absence from the country, the Vice President of India takes over as the President till a new President is elected. This period can be of six months at the most.