President and Governor (2)

Question 1

Describe the ordinance-making power of the President.

Answer 1

The ordinance-making power is the most important legislative power of the President, allowing him to deal with unforeseen or urgent matters.

Question 2

Define the conditions under which the President can promulgate an ordinance.

Answer 2

The President can promulgate an ordinance only when both Houses of Parliament are not in session or when either House is not in session.

Question 3

How can the President’s satisfaction regarding the necessity of an ordinance be challenged?

Answer 3

The President’s satisfaction can be questioned in court on the grounds of malafide, particularly if he prorogued Parliament to bypass a controversial subject.

Question 4

What was the significance of the 38th and 44th Constitutional Amendment Acts regarding the President’s satisfaction?

Answer 4

The 38th Amendment made the President’s satisfaction final and beyond judicial review, but the 44th Amendment deleted this provision, making it justiciable.

Question 5

Explain the scope of the ordinance-making power in relation to Parliament’s law-making powers.

Answer 5

The ordinance-making power is coextensive with Parliament’s law-making powers, meaning it can only be exercised on subjects where Parliament can make laws.

Question 6

What constitutional limitations apply to ordinances issued by the President?

Answer 6

An ordinance cannot abridge or take away any fundamental rights and is subject to the same constitutional limitations as an act of Parliament.

Question 7

What happens to an ordinance after Parliament reassembles?

Answer 7

Every ordinance must be laid before both Houses of Parliament; if approved, it becomes an act; if not acted upon, it ceases to operate after six weeks.

Question 8

How long can an ordinance remain in effect without parliamentary approval?

Answer 8

The maximum life of an ordinance can be six months and six weeks if not approved by Parliament.

Question 9

What occurs if an ordinance lapses without being placed before Parliament?

Answer 9

If an ordinance lapses without being placed before Parliament, the acts done under it before it ceased to operate remain valid and effective.

Question 10

Can the President withdraw an ordinance?

Answer 10

Yes, the President can withdraw an ordinance at any time.

Question 11

Is the ordinance-making power of the President discretionary?

Answer 11

No, the ordinance-making power is not discretionary; it can only be exercised on the advice of the council of ministers headed by the prime minister.

Question 12

Describe the ordinance-making power of the President in India.

Answer 12

The ordinance-making power allows the President to issue ordinances that can be retrospective, modify or repeal acts of Parliament, and amend tax laws, but cannot amend the Constitution. This power is unique to India and is justified as a means for the Executive to address urgent situations when Parliament is not in session.

Question 13

How does the ordinance-making power relate to the national emergency in India?

Answer 13

The ordinance-making power of the President is not necessarily connected to a national emergency as defined in Article 352. The President can issue ordinances even in the absence of war, external aggression, or armed rebellion.

Question 14

Define the conditions under which the President can grant pardons according to Article 72.

Answer 14

The President can grant pardons in cases where the punishment is for an offence against Union Law, by a court martial, or involves a death sentence.

Question 15

What is the significance of the D.C. Wadhwa case regarding the repromulgation of ordinances?

Answer 15

The D.C. Wadhwa case highlighted that successive repromulgation of ordinances without attempts to pass bills in the assembly violates the Constitution, indicating that the ordinance power cannot substitute legislative power.

Question 16

Explain the two-fold objective of the President’s pardoning power.

Answer 16

The two-fold objective is to correct judicial errors in the operation of law and to provide relief from sentences deemed unduly harsh by the President.

Question 17

What does a pardon entail in the context of the President’s pardoning power?

Answer 17

A pardon removes both the sentence and the conviction, completely absolving the convict from all sentences, punishments, and disqualifications.

Question 18

Describe the process and requirements when a bill seeks to replace an ordinance in the Lok Sabha.

Answer 18

When a bill to replace an ordinance is introduced in the Lok Sabha, a statement explaining the circumstances necessitating the immediate legislation by ordinance must also be presented.

Question 19

What is commutation in the context of the President’s pardoning power?

Answer 19

Commutation refers to the substitution of one form of punishment for a lighter form, such as changing a death sentence to rigorous imprisonment.

Question 20

How does the President’s pardoning power differ from the Judiciary’s role?

Answer 20

The President’s pardoning power is an executive power and does not function as a court of appeal, meaning it operates independently of the Judiciary.

Question 21

What limitations exist on the ordinance-making power of the President?

Answer 21

The President cannot use the ordinance-making power to amend the Constitution, and the power should not be used as a substitute for the legislative power of the state legislature.

Question 22

Describe the concept of remission in the context of sentencing.

Answer 22

Remission implies reducing the period of a sentence without changing its character, such as reducing a two-year rigorous imprisonment sentence to one year.

Question 23

Define respite in legal terms.

Answer 23

Respite denotes awarding a lesser sentence in place of one originally awarded due to special circumstances, such as the physical disability of a convict or the pregnancy of a woman offender.

Question 24

How does reprieve function in the context of a death sentence?

Answer 24

Reprieve implies a stay of the execution of a sentence, especially a death sentence, for a temporary period to allow the convict time to seek pardon or commutation.

Question 25

What powers does the governor have regarding pardons and commutations?

Answer 25

The governor can grant pardons, reprieves, respites, and remissions of punishment, as well as suspend, remit, and commute the sentence of any person convicted of an offense against state law.

Question 26

Explain the difference between the pardoning powers of the President and the governor.

Answer 26

The President can pardon sentences inflicted by court martial and death sentences, while the governor cannot. However, the governor can suspend, remit, or commute a death sentence.

Question 27

How does the Supreme Court view the President’s pardoning power?

Answer 27

The Supreme Court has established that the petitioner for mercy has no right to an oral hearing, the President can examine evidence afresh, and the power is exercised on the advice of the union cabinet.

Question 28

What are the limitations on the President’s pardoning power?

Answer 28

The President is not bound to give reasons for his order, and the exercise of power is not subject to judicial review unless it is arbitrary, irrational, mala fide, or discriminatory.

Question 29

What happens if a petition for mercy is rejected by the President?

Answer 29

If an earlier petition for mercy has been rejected by the President, a stay cannot be obtained by filing another petition.

Question 30

Describe the executive powers and functions of the Governor.

Answer 30

The Governor’s executive powers include formally taking all executive actions of the state government in his name, making rules for authentication of orders, facilitating business transactions of the state government, and appointing the chief minister and other ministers.

Question 31

How was the model for the Governor’s appointment determined in the Constituent Assembly?

Answer 31

The American model, where the Governor is directly elected, was dropped in favor of the Canadian model, where the Governor is appointed by the Governor-General.

Question 32

Describe the role of the governor in appointing the Tribal Welfare minister in certain states.

Answer 32

The governor appoints the Tribal Welfare minister in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, but the state of Bihar is excluded from this provision by the 94th Amendment Act of 2006.

Question 33

How does the governor influence the appointment of the advocate general in a state?

Answer 33

The governor appoints the advocate general of a state and determines his remuneration, with the advocate general holding office during the pleasure of the governor.

Question 34

Define the process for the removal of the state election commissioner.

Answer 34

The state election commissioner can only be removed in the same manner and on the same grounds as a judge of a high court.

Question 35

What powers does the governor have regarding the state public service commission?

Answer 35

The governor appoints the chairman and members of the state public service commission, but they can only be removed by the president, not by the governor.

Question 36

How can the governor seek information from the chief minister?

Answer 36

The governor can seek any information relating to the administration of the affairs of the state and proposals for legislation from the chief minister.

Question 37

What authority does the governor have over decisions made by ministers?

Answer 37

The governor can require the chief minister to submit for consideration by the council of ministers any matter on which a decision has been taken by a minister but has not yet been considered by the council.

Question 38

Describe the governor’s role in recommending constitutional emergency in a state.

Answer 38

The governor can recommend the imposition of constitutional emergency in a state to the president, and during President’s rule, the governor enjoys extensive executive powers as an agent of the President.

Question 39

What is the governor’s function as the chancellor of universities in the state?

Answer 39

The governor acts as the chancellor of universities in the state and appoints the vice-chancellors of those universities.

Question 40

How can the governor summon or prorogue the state legislature?

Answer 40

The governor has the power to summon or prorogue the state legislature and dissolve the state legislative assembly.

Question 41

What is the significance of the governor addressing the state legislature?

Answer 41

The governor can address the state legislature at the commencement of the first session after each general election and the first session of each year.

Question 42

How does the governor communicate with the state legislature regarding bills?

Answer 42

The governor can send messages to the house or houses of the state legislature concerning a bill pending in the legislature or otherwise.

Question 43

What happens when both the Speaker and Deputy Speaker offices are vacant in the state legislative assembly?

Answer 43

The governor can appoint any member of the State legislative assembly to preside over its proceedings when both the Speaker and Deputy Speaker offices are vacant.

Question 44

How does the governor nominate members to the state legislative council?

Answer 44

The governor nominates one-sixth of the members of the state legislative council from individuals with special knowledge or practical experience in literature, science, art, cooperative movement, and social service.

Question 45

What is the governor’s role in the disqualification of state legislature members?

Answer 45

The governor decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.

Question 46

What options does the governor have when a bill is sent to him after being passed by the state legislature?

Answer 46

The governor can give his assent to the bill, withhold his assent, return the bill for reconsideration (if it is not a money bill), or reserve the bill for the consideration of the president.

Question 47

Describe the circumstances under which a governor must reserve a bill.

Answer 47

A governor must reserve a bill when it endangers the position of the state high court or if it is ultra-vires, opposed to the Directive Principles of State Policy, against the larger interest of the country, of grave national importance, or deals with compulsory acquisition of property.

Question 48

How can a governor exercise ordinance-making power?

Answer 48

A governor can promulgate ordinances when the state legislature is not in session, which must be approved by the state legislature within six weeks of its reassembly. The governor can also withdraw an ordinance at any time.

Question 49

Define the financial powers of the governor regarding the state budget.

Answer 49

The governor ensures that the Annual Financial Statement (state budget) is laid before the state legislature and that money bills can only be introduced with his prior recommendation.

Question 50

What role does the governor play in the appointment of judges?

Answer 50

The governor is consulted by the president while appointing judges of the state high court and makes appointments, postings, and promotions of district judges in consultation with the state high court.

Question 51

How does the governor influence the financial position of local governments?

Answer 51

The governor constitutes a finance commission every five years to review the financial position of the panchayats and municipalities.

Question 52

Explain the process of electing the President of India.

Answer 52

The President of India is elected by an electoral college consisting of the elected members of both Houses of Parliament, the elected members of the legislative assemblies of the states, and the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

Question 53

What is the significance of the governor’s veto power?

Answer 53

The governor’s veto power allows him to reserve bills that may be unconstitutional or detrimental to the state’s interests, thereby protecting the integrity of the state governance.

Question 54

How does the governor manage unforeseen expenditures?

Answer 54

The governor can make advances from the Contingency Fund of the state to meet any unforeseen expenditure.

Question 55

What are the judicial powers of the governor?

Answer 55

The judicial powers of the governor include granting pardons, reprieves, respites, remissions of punishment, and consulting on the appointment of judges and judicial service personnel.

Question 56

Identify the members who do not participate in the election of the President.

Answer 56

Nominated members of both Houses of Parliament, nominated members of state legislative assemblies, members of state legislative councils, and nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President.

Question 57

Describe the uniformity in representation during the Presidential election as provided by the Constitution.

Answer 57

The Constitution mandates uniformity in the scale of representation among different states and parity between the states and the Union during the Presidential election.

Question 58

How is the number of votes for each elected member of a state legislative assembly determined?

Answer 58

Each elected member of a state legislative assembly receives votes equal to the multiples of one thousand in the quotient obtained by dividing the state’s population by the total number of elected members of the assembly.

Question 59

Define the voting system used in the election of the President.

Answer 59

The election of the President is conducted using the system of proportional representation by means of the single transferable vote, with voting done by secret ballot.

Question 60

What is required for a candidate to be declared elected as President?

Answer 60

A candidate must secure a fixed quota of votes to be declared elected to the office of President.

Question 61

How is the quota of votes for the Presidential election calculated?

Answer 61

The quota is determined by dividing the total number of valid votes polled by the number of candidates to be elected plus one, and then adding one to the quotient.

Question 62

Explain the process of indicating preferences while voting in the Presidential election.

Answer 62

Voters indicate their preferences by marking 1, 2, 3, etc., against the names of candidates on a single ballot paper.

Question 63

What happens if no candidate secures the required quota of votes in the first phase of counting?

Answer 63

If no candidate secures the required quota, the candidate with the least number of first preference votes is eliminated, and their second preference votes are transferred to the remaining candidates.

Question 64

How does the Supreme Court handle disputes related to the Presidential election?

Answer 64

The Supreme Court inquires into and decides all doubts and disputes regarding the election of the President, and its decision is final.

Question 65

Can the election of a President be challenged due to an incomplete electoral college?

Answer 65

No, the election cannot be challenged on the grounds of an incomplete electoral college, such as the existence of vacancies among its members.

Question 66

What is the status of acts done by a President if their election is later declared void by the Supreme Court?

Answer 66

Acts done by a President before the Supreme Court’s declaration of void election remain valid and continue to be in force.