President of India

Question 1

Who is the head and first citizen of India?

Answer 1

President of India

Question 2

Who are member of the electoral college to elect the President?

Answer 2

1. the elected members of both the Houses of Parliament;
2. the elected members of the legislative assemblies of the states;
3. the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry

Question 3

Why did Constitution makers choose the indirect election for President’s position?

Answer 3

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 minister. 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 4

Why is the President not elected by the members of the two Houses of Parliament alone?

Answer 4

The Parliament is dominated by one political party.
It would have invariably chosen a candidate from that party and such a President could not represent the states of the Indian Union.

The present system makes the President a representative of the Union and the states equally.

Question 5

What are the qualifications required for Election as President?

Answer 5

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
5. 50 electors as proposers and
6. 50 electors as seconders.
   Every candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India.

Question 6

What is the oath of the President?

Answer 6

1. to faithfully execute the office;
2. to preserve, protect and defend the Constitution and the law;
   and
3. to devote himself to the service and well-being of the people of
   India.

Question 7

Who administers the oath to the President?

Answer 7

The oath of office to the President is administered by the Chief Justice of India and

in his absence, the seniormost judge of the Supreme Court available.

Question 8

What is the salary of the President?

Answer 8

₹5 lakh per month

Question 9

What are privileges for the President?

Answer 9

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

What is the Term of President’s Office?

Answer 10

Holds office for a term of 5 years from the date on which he enters his office.

He can resign from his office at any time by addressing the resignation letter to the Vice President.

He can also be removed from the office before the completion of his term by the process of impeachment.

Question 11

What is the process of impeachment of the President?

Answer 11

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

These charges should be signed by one-fourth of members of the House (that framed the charges),

and a 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 and to be represented at such an investigation.

If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed.

Question 12

When does a President’s office fall vacant?

Answer 12

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.

Question 13

When are the election to fill the vacancy of the President’s office held?

Answer 13

Within 6 months from the date of the vacancy.

Question 14

Who holds the office after the vacancy of the President’s office?

Answer 14

1. Vice-President
2. Chief Justice of India or
3. seniormost judge of the Supreme Court

Question 15

What are the diplomatic powers of the President?

Answer 15

The international treaties and agreements are negotiated and concluded on behalf of the President.

He represents India in international forums and affairs and sends and receives diplomats like ambassadors, high commissioners, and so on.

Question 16

What are the military powers of the President?

Answer 16

As the supreme commander of the defence forces of India, he appoints the chiefs of the Army, the Navy and the Air Force.

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

Question 17

Which articles determine the emergency powers of the President?

Answer 17

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 18

What are the President’s veto powers over the bills passed by the Parliament?

Answer 18

1. He may give his assent to the bill, or
2. He may withhold his assent to the bill (Pocket Veto), or
3. He may return the bill (if it is not a Money 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, the President must give his assent to the bill (Suspensive Veto).

Question 19

When can the President promulgate an ordinance?

Answer 19

He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session.

Question 20

When is an ordinance considered void?

Answer 20

An ordinance that is made when both the Houses are in session is void.

Question 21

When/Why can an ordinance be questioned in court?

Answer 21

President’s satisfaction can be questioned in a court on the ground of malafide.

This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately with a view to promulgating an ordinance on a controversial subject, so as to bypass the parliamentary decision and thereby circumventing the authority of the Parliament.

The 38th Constitutional Amendment Act of 1975 made the President’s satisfaction final and conclusive and beyond judicial review.

But, this provision was deleted by the 44th Constitutional Amendment Act of 1978. Thus, the President’s satisfaction is justiciable on the ground of malafide.

Question 22

What are the requirements of the President’s ordinance-making power?

Answer 22

(a) An ordinance can be issued only on those subjects on which the Parliament can make laws.
(b) An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights

Question 23

What are the mercy powers of the President noted under Article 72?

Answer 23

1. Pardon
   It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
2. Commutation
   It denotes the substitution of one form of punishment for a lighter form.
3. Remission
   It implies reducing the period of a sentence without changing its character. For example, 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 24

What are the discretionary powers of the President?

Answer 24

the President can act on his discretion (that is, without the advice of the ministers) under the following situations:

(i) Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.
(ii) Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha.
(iii) Dissolution of the Lok Sabha if the council of ministers has lost its majority.