The President and the Vice-President

Who is the head of the state of the Indian Union?

1. The Prime Minister
2. The President
3. The Chief Justice
4. The Speaker

Answer

The President

Who is the Supreme commander of the Defence Forces of India?

1. The President
2. The Defence Minister
3. The Prime Minister
4. The Vice-President

Answer

The President

Which of the following statements about the President of India are correct?

P : The President is the supreme commander of the Defence Forces.

Q : The President exercises all powers according to his/her own discretion.

R : The President exercises his/her powers on the advice of the Prime Minister.

S : The executive power of the Indian Union is vested in the Parliament.

1. P and Q
2. P and R
3. P and S
4. S and R

Answer

P and R

Identify the qualifications necessary for a person to be eligible for election as President of India.

P : Has completed the age of twenty-five years.

Q : Is qualified for election as a member of the Lok Sabha.

R : Is a citizen of India.

S : Is a member of a Political Party.

1. Q and R
2. P and R
3. S and R
4. P and Q

Answer

Q and R

Identify the officials who form the electoral college for the election of President of India.

P : The elected members of both Houses of Parliament.

Q : The elected members of the Legislative Assemblies of the States.

R: Nominated members of Parliament.

S: Nominated members of Legislative Assemblies

1. P and Q
2. R and S
3. P and R
4. Q and S

Answer

P and Q

Name the President of India.

1. Ram Nath Kovind
2. Narendra Modi
3. Droupadi Murmu
4. Yashwant Sinha

Answer

Droupadi Murmu

Which of the following statements about the President of India are correct?

P : The President of India holds office for a term of six years.

Q : The President of India may submit his resignation to the Vice-President of India.

R : The President of India can be removed from office for the violation of the Constitution.

S : The President of India has the power of selecting the Council of Ministers.

1. P and S
2. Q and S
3. Q and R
4. Q and P

Answer

Q and R

Identify the Legislative Powers of the President of India.

P : The President summons and prorogues the Houses of Parliament.

Q : The President can dissolve the Lok Sabha and order fresh elections.

R : The President can nominate two members from the Anglo-Indian Community to the Lok Sabha.

S: The President appoints the Governors of the States.

1. R and S
2. P and R
3. Q and S
4. P and Q

Answer

P and Q

Identify the Emergency Powers of the President of India.

P: The President can proclaim National Emergency if there is a natural calamity.

Q: The President can proclaim National Emergency if an epidemic breaks out.

R: The President can proclaim National Emergency if there is a danger of foreign aggression, civil war, insurgency or any other cause.

S: The President can proclaim Financial Emergency if there is a setback to the financial stability of the country.

1. P and S
2. R and S
3. R and Q
4. P and R

Answer

R and S

The power to summon Parliament is subject to the condition that there should not be a gap of more than ............... months between two session of each house.

1. Four
2. Six
3. Three
4. Nine

Answer

Six

For how long can President's rule be imposed in a state?

1. 1 month
2. 2 months
3. 6 months
4. 3 months

Answer

6 months

Who administers the oath of office to the President of India?

1. Comptroller and Auditor General of India
2. Prime Minister of India
3. Chief Justice of India
4. Judge of the Supreme Court

Answer

Chief Justice of India

Identify the officials who form the electoral college for the election of the Vice-President of India.

P: Members of Lok Sabha.

Q: Members of Legislative Assemblies of States.

R: Members of Legislative Council of States.

S: Members of Rajya Sabha.

1. P and S
2. P and Q
3. R and S
4. Q and S

Answer

P and S

Which of the following statements about the Vice-President of India are correct?

P : Is the ex-officio Chairman of the Lok Sabha.

Q : Holds office for a term of five years.

R : Can be removed as the Vice-President by the process of impeachment.

S : Gets a salary as the Vice-President of India.

1. P and Q
2. Q and S
3. R and S
4. Q and R

Answer

Q and R

Select an Executive Function of the President of India.

1. Issuing ordinances
2. Appointing the Prime Minister
3. Granting assent to bills passed by Parliament
4. Addressing the nation on Independence Day

Answer

Appointing the Prime Minister

Ms Anita Singh's nomination for the election as the Vice-President of India was rejected even though she had the qualifications of being a citizen of India and not being a member of the Parliament and State Legislature. On what ground was she disqualified?

1. For being below the age of thirty-five.
2. For being qualified to be a Member of Parliament.
3. For not holding a office of profit.
4. For her mother not being a citizen of India.

Answer

For being below the age of thirty-five.

(A) No Bill can become a law without the assent and the signature of the Prime Minister.

(R) Money Bills can be introduced only on the recommendation of the President.

1. (A) is true, but (R) is false
2. (A) is false, but (R) is true
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
4. Both (A) and (R) are false

Answer

(A) is false, but (R) is true

Explanation: A Bill becomes a law only after the assent and signature of the President, not the Prime Minister.

(A) The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.

(R) The Vice-President gets the salary in the capacity of the Vice-President only and not as the Chairman of the Rajya Sabha.

1. (A) is true, but (R) is false
2. (A) is false, but (R) is true
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
4. Both (A) and (R) are false

Answer

(A) is true, but (R) is false

Explanation: The Vice-President gets the salary and allowances in his capacity as the Chairman of the Rajya Sabha, not as the Vice-President.

(A) The President of India can dissolve the Lok Sabha and the Rajya Sabha and order fresh elections.

(R) The President of India has the power to summon both the Houses of Parliament after a gap of more than six months.

1. (A) is true, but (R) is false
2. (A) is false, but (R) is true
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
4. Both (A) and (R) are false

Answer

Both (A) and (R) are false

Explanation: The President can dissolve only the Lok Sabha, not the Rajya Sabha.
The Constitution mandates that the gap between two sessions of Parliament must not exceed six months. Therefore, the President of India has the power to summon both the Houses of Parliament, but there should not be a gap of more than six months between the two sessions.

(A) The President uses discretionary judgement to appoint the Prime Minister when no party has a clear majority in the Parliament.

(R) The President cannot appoint a new Prime Minister on the advice of the outgoing Prime Minister, who may have lost the election or the support of the House.

1. (A) is true, but (R) is false
2. (A) is false, but (R) is true
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
4. Both (A) and (R) are false

Answer

(A) is false, but (R) is true

Explanation: The President uses discretionary judgement to appoint the Prime Minister when no party has a clear majority in the Lok Sabha (not the Parliament).

Parliament = President + Rajya Sabha + Lok Sabha

Hence, Assertion (A) is inaccurate as the Rajya Sabha has no role in the appointment of the Prime Minister.

Name the body as well as the process involved in the election of the President.

Answer

Body: Electoral College (elected MPs + elected MLAs).
Process: Proportional representation via single transferable vote, with secret ballot.

Why is the President elected by indirect elections?

Answer

The President is elected by indirect elections because of the following reasons:

1. If the President were to be elected directly by the people, he could become a rival centre of power to the Council of Ministers. This would be against the parliamentary system with ministerial responsibility.
2. Since the membership in the two Houses of Parliament was likely to be dominated by one party, election of the President merely by a majority of members of the Union Parliament could make him a nominee of the ruling party like the Prime Minister. Such a President could not represent the constituent States of the Union.
3. The President is elected by an Electoral College, which consists of the elected members of the two Houses of Parliament and Legislative Assemblies of the States. This makes the President the elected representative of the whole nation with a clear voice given to the States as well.

How can the President vacate his/her office? On what grounds can the President of India be removed from office?

Answer

The President can vacate his office by either of the following procedures-

1. The President may submit his resignation letter to the Vice-President, in order to resign his office. Such resignation will be communicated by the Vice-President to the Speaker of the Lok Sabha.
2. The President may, for the violation of the Constitution, be removed from the office by the process of impeachment.

The President may, for the violation of the Constitution, be removed from the office by the process of impeachment.

Mention the occasion when the President addresses both the Houses of Parliament assembled together.

Answer

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.

Read the following headline that appeared in The Economic Times, April 23, 2020 and answer the question that follow:

"COVID-19: Prez Ram Nath Kovind gives nod for promulgating ordinance to punish those attacking healthcare workers."

Under which conditions can the President promulgate an Ordinance?

Answer

The power to promulgate an Ordinance is subject to the following conditions:

1. The President must be satisfied that circumstances make it necessary for him/her to take immediate action.
2. An Ordinance can be promulgated at a time when both Houses of Parliament are not in session. However, if one House is in session, there is no bar in issuing of Ordinances.
3. The Ordinance so promulgated should be laid before both Houses of Parliament when they reassemble. If the Parliament does not approve the Ordinance, it lapses. If an ordinance is not disapproved, it will automatically cease to operate at the end of six weeks from the date the Parliament re-assembles.
4. The Ordinance lapses if it is replaced by an Act of Parliament.

How is the Vice-President elected?

Answer

An Electoral College consisting of the members of both Houses of Parliament elects the Vice-President.

1. The election is held in accordance with the system of proportional representation by means of the single transferable vote.
2. The voting at such an election is by secret ballot.
3. Each nomination paper should be proposed by at least twenty electors (MPs) and another twenty electors should second the same.

How long can the Vice-President continue to hold office even after the expiry of his/her term? How can the Vice-President be removed from office?

Answer

The Vice-President shall continue to hold office, notwithstanding the expiry of his term, until his successor enters upon his office.

The Vice-President can be removed from office in the following cases-

1. He may, by writing, addressed to the President, resign his office. Such resignation will be communicated by the President to the Speaker of the Lok Sabha.
2. He may, for the violation of the Constitution, be removed from the office by the process of impeachment.

State the power of Vice-President as the ex-officio Chairman of the Rajya Sabha.

Answer

The Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha.

1. In this capacity he regulates debates and proceedings of the House and decides the order of speeches.
2. He decides the admissibility of a resolution or of questions.
3. He may suspend or adjourn the business of the House in case of grave disorder.
4. He issues directions to the chairmen of various committees in all matters relating to their working.

Mention the ways in which the Vice-President's office is a unique feature of the Indian Constitution.

Answer

The Vice President is the second head of the Union Executive. He is also the ex-officio Chairman of the Rajya Sabha (Union Legislature). Thus, he has two distinct and separate offices. This dual capacity is one of unique features of the Indian Constitution.

The excerpt given below shows which feature of the Indian Constitution: Unitary or Federal? Give a reason to support your answer.

The Raj Bhavan (Kerala), in an official communication, said, "Hon'ble President of India has withheld assent to the following Bills which Hon'ble Governor Shri Arif Mohammed Khan had referred to Rashtrapati Bhavan for consideration. ....Of the seven bills which Governor Arif Mohammed Khan referred to the Rashtrapati Bhavan in November last year, assent has been accorded to only one Bill, namely, Kerala Lokayukta Amendment Bill 2022. Decision on other three Bills is awaited."

— Indian Express February 29, 2024

Answer

The excerpt reflects the unitary feature of the Indian Constitution.

Although India has a federal structure, certain provisions in the Constitution give greater authority to the Union Government. One such unitary feature is that the Governor of a State can reserve a Bill passed by the State Legislature for the consideration of the President of India.

The President may give or withhold assent to such Bills, thereby exercising control over State legislation. This indicates that the States are not fully sovereign in their law-making powers, and the ultimate authority lies with the Centre, which is a unitary characteristic of the Constitution.

The President of India enjoys vast powers. In this context, briefly explain:

(a) Any three of his/her Executive Powers.

(b) Any three of his/her Legislative Powers.

(c) Any two of his/her Judicial Powers.

Answer

(a) Three executive powers of the President are-

1. Head of the Union Administration — All executive orders are issued in the name of the President. All the Union officials are his subordinates.
2. 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.
3. Union Territories and Border Areas — The administration of the Union Territories and the Border Areas is the responsibility of the President.

(b) Three legislative powers of the President are-

1. 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.
2. 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.
3. Dissolve the Lok Sabha — He can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.

(c) Two judicial powers of the President are-

1. The President is not answerable before any court of law for the exercise of the powers and duties of his office.
2. No criminal suit can be initiated against him during his tenure of office.

According to Dr. Ambedkar, "The President represents the nation but does not rule the nation." In this context answer the following questions:

(a) The President of India is referred to as a nominal head of the State. State two examples of legislative powers that suggest his/her nominal status.

(b) Mention the circumstances when the President can declare a national emergency.

(c) Explain two discretionary Powers of the President.

Answer

(a) The President of India is referred to as a nominal head of the State because of the following reasons-

1. According to the Constitution, the President is required to exercise his powers on the aid and advice of the Prime Minister and his Council of Ministers.
2. All proclamations of emergency made by the President have to be approved by the Parliament within one month. If it is not approved then it ceases to exist.

(b) The President can declare a national emergency in case of danger of foreign aggression or danger to the peace and security of the country because of a civil war, insurgency or any other such cause (Article 352).

(c) Two discretionary powers of the President are-

1. When the ruling party who has lost majority support in the Lok Sabha or when a vote of no-confidence may have been passed against it, recommends to the President to dissolve the Lok Sabha, then it is at the discretion of the President to either dissolve the House or ask another party to prove its majority on the floor of the House.
2. The President can dismiss Ministers in case the Council of Ministers loses the confidence of the House but refuses to resign.

The President may declare an emergency in a State, if he/she is convinced of the breakdown of constitutional machinery in the State. In this context, answer the following questions:

(a) When can such an emergency be proclaimed? Why is such an emergency often referred to as President's Rule?

(b) What is the duration of such an emergency? State two conditions under which such an emergency can be extended beyond one year.

(c) State the effect of the emergency on the administration of the State.

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. This is called President's rule because the President may assume to himself all or any of the functions of the Government of the State.

(b) The duration of such an emergency is two months.

1. If it were to continue beyond two months, it should be ratified by the Parliament.
2. The Proclamation will cease to be valid for six months after the date of its issue even if the Parliament ratifies it.
3. It can, however, be extended for another six months.
4. Thus, President's Rule can normally continue only for a year.
5. It may be extended beyond one year, under 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.

(c) The effect of the emergency on the administration of the State is as follows-

1. The State administration is directly placed under the President (i.e. the Union Government). The Governor of the concerned State acts in accordance with the instructions that are issued by the Union Government from time to time.
2. The President may:
   1. dissolve the Vidhan Sabha of the State and dismiss the Council of Ministers
   2. keep the Assembly and the Council of Ministers in suspended animation.
      In both cases, the Union Parliament can pass laws, even on all the Subjects of the State List, for that particular State. Even the Annual Budget of that State is presented to and passed by the Parliament.
3. When the Lok Sabha is not in session the President may authorise expenditure out of the Consolidated Fund of the State.
4. The President may suspend the provision of the Constitution relating to any authority of the State except those relating to High Courts.

According to Article 63 of our Constitution "There shall be a Vice-President of India". In this context, state:

(a) the manner of his/her election;

(b) any three qualifications for election; and

(c) two of his/her important powers.

Answer

(a) An Electoral College consisting of the members of both Houses of Parliament elects the Vice-President.

1. The election is held in accordance with the system of proportional representation by means of the single transferable vote.
2. The voting at such an election is by secret ballot.
3. Each nomination paper should be proposed by at least twenty electors (MPs) and another twenty electors should second the same.

(b) A person shall be eligible for election as Vice-President, if he-

1. is a citizen of India.
2. has completed the age of thirty-five.
3. is qualified for election as a member of the Council of States.

(c) Two important powers of a Vice-President are-

1. Chairman of the Rajya Sabha — The Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha. In this capacity he regulates debates and proceedings of the House and decides the order of speeches. He decides the admissibility of a resolution or of questions. He may suspend or adjourn the business of the House in case of grave disorder. He issues directions to the chairmen of various committees in all matters relating to their working.
2. Taking over as the President — The Vice-President takes over the office of the President under the following situations:
   1. death of the President
   2. resignation of the President
   3. removal of the President
   4. when the President is unable to discharge his functions owing to absence, illness or any other cause.

Study the picture and answer the questions that follow:

(a) Who is administering the oath of office and to whom?

(b) State the qualifications necessary to become the President of India.

(c) Why is it said that the President of India is only a nominal head?

Answer

(a) The then Chief Justice of India, Justice N.V. Ramana is administering the Oath of Office to President Droupadi Murmu.

(b) A person shall be eligible for election as President, if he/she —

1. is a citizen of India
2. has completed the age of thirty-five years
3. is qualified for election as a member of the Lok Sabha

(c) The President of India is referred to as the nominal head of the state because India follows a parliamentary system of Government.

1. According to the Constitution, the President is required to exercise his powers on the aid and advice of the Prime Minister and their Council of Ministers.
2. All proclamations of emergency made by the President have to be approved by the Parliament within one month. If it is not approved then it ceases to exist.

Suppose you have a penfriend who lives in Los Angeles in the USA. He/She wants to know the difference in powers of the Presidents of India and the USA. Tell him/her the differences and also who has more powers.

Answer

The difference in powers of the Presidents of India and the USA are:

Suppose riots break out in your State and there is a break down of law and order. What will the Governor of your State do and what will be its consequences?

Answer

The Governor of the State will send a report of the situation to the President and will recommend for President's rule. If the President is satisfied with the report he/she will declare an emergency in the state and impose President's rule. Consequences of President's rule in the state will be the following:

1. The State administration is directly placed under the President (i.e. the Union Government). The Governor of the concerned State acts in accordance with the instructions that are issued by the Union Government from time to time.
2. The President may:
   1. Dissolve the Vidhan Sabha of the State and dismiss the Council of Ministers; or
   2. Keep the Assembly and the Council of Ministers in suspended animation.
      In both cases, the Union Parliament can pass laws, even on all the Subjects of the State List, for that particular State. Even the Annual Budget of that State is presented to and passed by the Parliament.
3. When the Lok Sabha is not in session the President may authorise expenditure out of the Consolidated Fund of the State.
4. The President may suspend the provision of the Constitution relating to any authority of the State except those relating to High Courts.

However, the duration of President's rule is two months. Beyond this, it should be ratified by the Parliament for six months. It can be extended for another six months. Thus, President's rule can normally continue only for a year.

There are a few areas where the President of India can act at his/her discretion. Thus proving that the President of India is not a rubber stamp at all. Give your views on this statement by giving examples from the past.

Answer

The President of India usually acts on the advice of the Council of Ministers. However, there are certain situations where the President can act independently or use discretionary powers. This shows that the President is not just a rubber stamp, but plays an important role in safeguarding the Constitution.

Some examples where the President can act at their own discretion are:

1. When no party gets a clear majority in the Lok Sabha — the President uses personal judgment to appoint a Prime Minister who is likely to win the confidence of the House. Example — (i) In 1989, President R. Venkataraman appointed V.P. Singh as Prime Minister when no party had a majority.
   (ii) In 1996, President Shankar Dayal Sharma appointed Atal Bihari Vajpayee as Prime Minister for 13 days as BJP was the single largest party.

2. The President can send back a bill passed by Parliament for reconsideration. This shows that the President can express independent views, though if the bill is passed again, the President must give assent.

3. In special cases, the President can dismiss a government that has lost majority and refuses to resign. This is also a discretionary power, though used rarely.

These situations prove that the President is not a mere rubber stamp, but an important guardian of the Constitution who acts wisely when needed.