President

Question 1

The union executive consist of what

Answer 1

The President
Vice president
The council of ministers
Attorney general of India

Question 2

The President is the symbol of what?

Answer 2

Unity, integrity and solidarity of the nation.
The President is the head of the Indian state. He is the first citizen of India.

Question 3

Who elects the President?

Answer 3

The President is elected not directly by the people but by members of electoral college consisting of
1. The elected members of both the houses of the Parliament.
2. The elected members of the legislative assemblies of the state.
3. The leg that members of the legislative assemblies of the union territories of Delhi and Pondicherry.

Question 4

Which voting system is used in electing the President

Answer 4

The President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and a voting is my secret ballot.

Question 5

It was pointed out in the constant assembly that the expression proportional representation in the case of presidential election is a misnomer. Is it true

Answer 5

Proportional representation takes place where two or more seats are to be filled. In case of the President of vacancy is only one, it could be better called a preferential or alternative word system.
Similarly, the expression single transferable vote was also objected on the ground that no water has a single votes . Every voter has plural votes

Question 6

The Constitution makers shows the indirect election of the president due to the following

Answer 6

1. The indirect election of the President is in harmony with the parliamentary system of government envisaged in the Constitution. Under this system, the President is only a nominal executive and the real powers are vested in the council of ministers headed by the prime min-ister. It would have been anomalous to have the President elected directly by the people and not give him any real power.
2. The direct election of the President would have been very costly and time- and energy-consuming due to the vast size of the electorate. This is unwarranted keeping in view that he is only a symbolic head.

Question 7

Qualifications for election as president

Answer 7

A person to be eligible for election as President should fulfil the following qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok Sabha.
4. He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority. A sitting President or Vice-President of the Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate.
Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors
as seconders. Every candidate has to make a security deposit of Rs 15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of votes polled
Before 1997, number of proposers and seconders was ten each and the amount of security deposit was Rs 2,500. In 1997, they were increased to discourage the non-serious candidates*.

Question 8

The odds of office to the President is administered by whome

Answer 8

Chief Justice of India, and in his absence, the senior most judge of the Supreme Court available

Question 9

Can the president be arrested?

Answer 9

The President is entitled to a number of privileges and immunities. He enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned. However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

Question 10

Conditions of President’s office

Answer 10

of the President’s office:
1. He should not be a member of either House of Parliament or a House of the state legislature.
If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
2. He should not hold any other office of profit.
3. He is entitled, without payment of rent, to the use of his official residence (the Rastrapathi Bhavan).
4. He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
5. His emoluments and allowances cannot be diminished during his term of office.

Question 11

Term of president’s office

Answer 11

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 Yice-President.
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 assumes charge.

He is also eligible for re-election to that office. He may he elected for any number of terms. However, in USA, a person cannot be elected to the office of the President more than twice.

Question 12

Impeachment of President

Answer 12

The impeachment charges can be initiated by either house of Parliament.

These charges should be signed by one Forth member of the house and 14 days. Notice should be given to the President.

After the impeachment resolution is passed by a majority of two thirds of the total membership of that house, it is sent to the other house which should investigate the charges .

The President has the right to appear in to be represented at such investigation

If the other house also says change the charges and passed up impeachment resolution by a majority of two thirds of the total membership then the president stands removed from the date on which the resolution is so passed.

Question 13

Vacancy in the presidents office

Answer 13

vacancy in the President’s office can occur in any of the following ways:
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal by the process of impeachment.
4 By his death?
5. Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.

When the vacancy is going to be caused by the expiration of the term of the sitting, president and election to fill the vacancy must be held before the expiration of the term.

In case of any delay in conducting the election of the new president, by any reason the the current president continues to hold office until his successor assumes charge. In this situation, the vice president does not get the opportunity to act as president.

Question 14

When a vacancy occurs in the office of the president due to his resignation, removal, death or otherwise, who acts as the President

Answer 14

The vice president acts as the president until a new president is elected. Further, when the sitting president is unable to discharge his functions, the vice president discharges his functions until the President resumes his office.

In in case the office of Vice President is vacant the chief Justice of India or if his office is also we can do the senior most judge of the Supreme Court available acts as the President or discharge the functions of the . President

Question 15

Who appoints the attorney general of India?

Answer 15

The President

Question 16

Who does the President of India apoint

Answer 16

Prime Minister and other ministers
Attorney general of India
Auditor general of India
Comptroller
The chief election Commissioner and election commissioners
The chairman a member of the union Public services commission
The governors of states
The chairman
Members of finance commission and so on

He can appoint a commission to investigate into the conditions of SCs and STs abd other backward classes

He can appoint an interstate council to promote Centre state and interstate cooperation

Question 17

Who has the power to declare any area as scheduled area and has powers with respect to the administration of scheduled area in tribal areas

Answer 17

President

Question 18

Who appoints any member of the Lok Sabha or the Rajya Sabha to precise over its proceedings when the offices of both the speaker and on the beauty speaker Endha, chairman and deputy chairman, fall vacant

Answer 18

President

Question 19

Who decides on questions as to disqualification of members of Parliament in consultation with the election commission?

Answer 19

President

Question 20

Who can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and
‘Nagar Haveli and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved.
Financial Powers
The financial powers and functions of the President

Answer 20

President

Question 21

When a bill is sent to the President after it has been passed by the Parliament, he can:

Answer 21

(i) give his assent to the bill, or
(i) withhold his assent to the bill, or (iii) return the bill (if it is not a money bill) for reconsideration of the Parliament.

Question 22

When a bill passed by a state legislature is reserved by the governor for consideration of the President, the President can:

Answer 22

(i) give his assent to the bill, or (in) withhold his assent to the bill, or
(i) direct the governor to return the bill (if it is not a money bill) for reconsideration of the state legislature. It should be noted here that it is not obligatory for the President to give his assent even if the bill is again passed by the state legislature and sent again to him for his consideration.

Question 23

Who can promulgate ordinances when the Parliament is not in session?

Answer 23

The President
Deez ordinances must be approved by the Parliament within six weeks from its re assembly he can also withdraw any ordinance at any time

Question 24

Who lays the reports of the Comptroller and auditor general , union Public service commission, finance commission and other before the Parliament

Answer 24

President

Question 25

Financial powers of the president

Answer 25

(a Money bills can be introduced in the Parliament only with his prior recommendation.
(b) He causes to be laid before the Parliament the annual financial statement (ie, the Union Budget).
c) No demand for a grant can be made except on his recommendation.
(d He can make advances out of the contingency fund of India to meet any unforeseen expenditure.
(e) He constitutes a finance commission after every five years to recommend the distribution of revenues between the Centre and the states.

Question 26

Who appoints the chief justice and judges of Supreme Court and High Court?

Answer 26

President

Question 27

Who appoints the chief of the Army, the Navy and air force?

Answer 27

President

He is the supreme commander of the defence forces of India

Hi, can declare war or conclude peace subject to the approval of the Parliament

Question 28

Emergency powers of the president

Answer 28

In addition to the normal powers mentioned above, the Constitution confers extraordinary powers on the President to deal with the following three types of emergencies?:
(a) National Emergency (Article 352);
(b) President’s Rule (Article 356 & 365); and
(c) Financial Emergency (Article 360)

Question 29

Absolute veto

Answer 29

It refers to the power of the President to withhold his assent to a bill passed by the Parliament. The bill then ends and does not become an act. Usually, this veto is exercised in the following two cases:
(a) With respect to private members’ bills (ie, bills introduced by any member of Parliament who is not a minister); and
(b) With respect to the government bills when the cabinet resigns (after the passage of the bills ire but before the assent by the President) and the gil To new cabinet advises the President not to give
his assent to such bills.

Question 30

Suspensive veto

Answer 30

The President exercises this veto when he returns a bill for reconsideration of the Parliament. However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill.

This means that the presidential veto is overridden by a re-passage of the bill by the same ordinary majority (and not a higher majority as required in USA).
As mentioned earlier, the President does not possess this veto in the case of money bills. The President can either give his assent to a money bill or withhold his assent to a money bill but cannot return it for the reconsideration of the Parliament.
Normally, the President gives his assent to money bill as it is introduced in the Parliament with his previous permission.

Question 31

Pocket veto

Answer 31

In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period. This power of the President not to take any action (either positive or negative) on the bill is known as the pocket veto. The President can exercise this veto power as the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent. In USA, on the other hand, the President has to return the bill for reconsideration within 10 days. Hence, it is remarked that the pocket of the Indian President is bigger than that of the American President.

Question 32

Does the president have a veto power in respect of A constitutional amendment bill

Answer 32

The President has no veto power in respect of constitutional amendment bill

The 24th Constitutional amendment act of 1971 made it obligatory for the President to give his assent to a Constitutional amendment Bill

Question 33

Which article in the Constitution empowers the President to promulgate ordinances during the racess of Parliament

Answer 33

Article 123

Question 34

Which article of the Constitution empowers the President to grant pardons to people who have been tried and convicted of any offence

Answer 34

Article 72

Question 35

In which cases can the president pardon?

Answer 35

1. Punishment or sentence is for an offence against a Union Law;
2. Punishment or sentence is by a court martial (military court); and
3. Sentence is a sentence of death.

Question 36

The pardoning power of the president includes

Answer 36

L 4. pardon It removes both the sentence and the conviction and completely absolves the convict frone ail sentences, punishments and disqualifications.
2. commutation It denotes the substitution of one form of punishment for a lighter form. For exam. ple, a death sentence may be commuted to rigorous nprisonment, which in turn may be commuted to a simple imprisonment.
3. Remission It implies reducing the period of sentence without changing its character. For exam-ple, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for
one year.
4. Respite
It denotes awarding a lesser sentence
in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
5. Reprieve It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

Question 37

Which article of the constitution gives the governor of a state, the power of pardoning

Answer 37

Article 161

Question 38

The pardoning power of the governor differs from that of the president in following two respects

Answer 38

The president can pardon sentences inflicted by court-martial (military courts, )while the governor cannot.

The President can pardon death sentences while governor cannot

Question 39

The power of pardoning by the president is to be exercise on the advice of whom

Answer 39

Union Cabinet

Question 40

Important articles relating to president

Answer 40

Article No.

52.The President of India
53. Executive power of the Union
54. Election of President
55. Manner of election of President
56. Term of office of President
57.Eligibility for re-election
58. Qualifications for election as President
59. Conditions of President’s office
60. Oath or affirmation by the President
61. Procedure for impeachment of the President
62. Time of holding election to fill vacancy in the office of President

65. Vice President to act as President or to discharge his functions
66. relating to the election of President
67. Power of President to grant pardons etc., and to suspend, remit or commute sentences in certain cases
68. Council of ministers to aid and advise the President
69. Other provisions as to ministers like appointment, term, salaries, etc.
70. Attorney-General of India
71. Conduct of business of the Government of India
72. Duties of Prime Minister in respect to furnishing of information to the President, etc.
    85.Sessions of Parliament, prorogation and dissolution
    111.Assent to bills passed by the Parliament
73. Union Budget (annual financial statement)
74. Power of President to promulagate ordinances
75. Power of President to consult Supreme Court