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Indian Constitution > Central Government > Flashcards

Central Government Flashcards

1
Q

Which part of constitution deals with union executive?

A

Part 5
Articles 52 to 78

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2
Q

Who are included in Union executive?

A

President
Vice President
Prime Minister
Council of Ministers
Attorney general

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3
Q

The electoral college for the election of president consists of

A
  • Elected members of both houses of parliament
  • Elected members of legislative assembly of States
  • elected members of the Union territory of Delhi and Puducherry.
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4
Q

Which system is used for the election of the president?

A

System of proportional representation by single transferable vote

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5
Q

Who decides the disputes in connecting with the election of president

A

Supreme Court
(Cannot be challenged on the ground that the electoral college was incomplete)

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6
Q

What are the qualifications for election as a president

A

Citizen of India
35 years of age.
Qualified for election as a member of Lok sabha.
Should not hold any office of profit under the Union government.

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7
Q

What is the oath of president?

A

To faithfully execute the office
To preserve, protect and defend the constitution and the law.
To devote himself to the service and t the wellbeing of the people of India.

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8
Q

Who administer the oath of president?

A

Chief Justice of India

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9
Q

What is the basis on which the president can be impeached?

A

Violation of Constitution
But constitution does not define the term ‘violation of Constitution’

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10
Q

Who can initiate impeachment?

A

Either house of parliament
(Signed by 1/4 of house and 14 days notice should be given to the president)

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11
Q

Describe the process of impeachment.

A
  • Impeachment resolution should be passed by atleast two- third majority( in the house in which the resolution is initiated)
  • Sent to the other house
  • Other house investigate the charges
  • Other house pass the impeachment resolution by two-third majority (of total membership).
    President stand removed from the office from the date on which the resolution is passed)
    -
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12
Q

Can nominated members participate in impeachment?

A

Yes

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13
Q

Do elected members of state legislatives participate in impeachment?

A

No

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14
Q

What happens when a vacancy occurs in the office of the president due to his resignation, removal death or otherwise?

A

A fresh election is held within 6 months.
The vice President acts as the president till the new president is elected.

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15
Q

Who acts as president if both president and vice President are absent?

A

Chief Justice of India or the senior most judge of supreme court.

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16
Q

What are the powers of president?

A

Executive powers
Legislative powers
Financial powers
Judicial powers
Diplomatic powers
Military powers
Emergency powers

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17
Q

What are the executive powers of president?

A
  • Executive actions are taken in his name
  • He can make rules
  • Appoints prime minister
  • Appoints attorney general
  • Appoints C&AG, Chief election Commissioner etc…
  • Seek information relating to administration
  • Appoint a commission to investigate into conditions of SC ,ST, OBC.
  • Appont inter state council.
    Administer union territory .
  • Declare any area as scheduled area.
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18
Q

What are the legislative powers of president?

A
  • Summon parliament
  • Address parliament
  • Sent message to parliament
  • Appoints any member of Lok sabha to preside over the house
  • Nominates 12 members to R.S
  • Gives permission for certain types of bills.
  • Gives assent to bills(Parliament)
  • State bills set aside by governer
  • Promulgate ordinances
  • Regulations for peace of Union territory without elected legislature.
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19
Q

What are the financial powers of president?

A
  • Money Bills
  • Union Budget
  • Recommendation for grants
  • Make advance out of Contingency fund of India
  • Constitutes finance commission
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20
Q

What are the judicial powers of president of India?

A
  • Appoints Chief justice, Judges of high Court and Supreme Court.
  • Seek advice from Supreme Court
  • Pardon, reprieve, respite, remission
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21
Q

What are the diplomatic powers of president?

A
  • International treaties
  • International forum
  • sends and receives deplomats
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22
Q

What are the Military powers of president?

A
  • Supreme commander
  • Appoints chiefs of army
  • declare war
  • conclude peace
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23
Q

What are the emergency powers of president?

A

National Emergency (352)
President’s rule (356 & 365)
Financial emergency (360)

24
Q

Which part of the constitution deals with emergency provisions?

A

Part XVIII
Articles 352 to 360

25
Q

What are the grounds under which the President declare national Emergency under article 352?

A

External aggression
Armed rebellion

26
Q

Why was Veto power conferred to president

A

Prevent
1. Hasty legislation
2. Unconstitutional legislation

27
Q

Which are the 4 types of Veto?

A
  • Absolute Veto
  • Qualified Veto
  • Suspensive Veto
  • Pocket Veto
28
Q

What is absolute Veto?

A

Power of the president to withhold his assent to a bill.

29
Q

What are the cases in which the president exercise absolute Veto?

A
  1. Private member’s bill
  2. Old Cabinet resigns and new cabinet advises against the bills.
30
Q

What is Suspensive Veto?

A

The president returns the Bill for reconsideration.
(Overridden by a re- passage with ordinary majority)
Not in case of Money Bills.

31
Q

What is Pocket Veto?

A

President neither ratifies not rejects not returns the Bill. Keeps the Bill pending for an indefinite period.

32
Q

The president cannot exercise Veto power on ______ bills

A

Constitutional amendment bills

33
Q

Can state legislature over ride the Veto of president

A

No

34
Q

What does Article 123 state?

A

Empower the president to Promulgate ordinances during recess of parliament.

35
Q

Explain Cooper case (1970)

A

President’s satisfaction can be questioned in court

36
Q

What is the maximum life of an ordinance?

A

6 months and 6 week

37
Q

Is ordinance making a discretionary power?

A

No.
He can Promulgate or withdraw ordinance only on the advice of council of Ministers.

38
Q

Can an ordinance be issued to amend constitution?

A

No

39
Q

What does Article 72 state?

A

Empower the president to grant pardon.

40
Q

What is pardon

A

Completely absolves the convict from all sentences.

41
Q

What is commutation?

A

Substitution of one from of punishment for a lighter one

42
Q

What is remission

A

Reducing the period of sentence

43
Q

What is respite?

A

Awarding a lesser sentence in place of one originally awarded due to a special circumstance like physical disability

44
Q

Electoral college for the election of vise president?

A

Members of both houses of parliament

45
Q

What is the oath of vice president?

A

To bear true of faith and allegiance to the Constitution
To faithfully discharge the duties of the office.

46
Q

How to remove a vice - president from office?

A

Impeachment not required.
Effective majority ( majority of all the members)in Rajya Sabha
Simple majority in lok sabha

47
Q

What are the functions of Vice President

A
  • ex officio chairman of Rajya sabha
  • Acts as president
48
Q

Which office is known as the office of political continuity

A

Office of Vice President

49
Q

Who is the head of government?

A

Prime Minister

50
Q

What does Article 75 state?

A

Prime Minister shall be appointed by President
(He cannot appoint anyone he likes)

51
Q

Can a person who is not a member of either house of parliament be appointed as the prime minister?

A

Yes.
But he should become a member of either house within 6 months.

52
Q

Prime Ministers who were members of Rajya Sabha.

A

Indira Gandhi (1966)
Deve Gowda (1996)
Manmohan Singh (2004)

53
Q

What is the oath of Prime minister?

A
  • To bear true faith and allegiance to the Constitution of India
  • Uphold the sovereignty and integrity of India
  • To faithfully and conscientiously discharge the duties of his office
  • To do right to all manner of people
54
Q

What are the powers of prime minister in relation to Council of Ministers?

A
  • Recommends appointment as minister
  • Allocate portfolio
  • Ask a minister to resign
  • Presides council of Ministers
  • Guides the ministers
55
Q

What is the power of the prime minister in relation to President?

A
  • Channel of communication
  • Advises the president
56
Q

What are the powers of prime Minister in relation to Parliament?

A
  • Advice president (summoning & proroging)
  • Recommend dissolution
  • Announce govt policies

Indian Constitution (1 decks)

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