The President And VIce President

Question 1

qualifications for president

Answer 1

1. citizen of india
2. completed age of 35
3. qualified for election as member of lok sabha

Question 2

composition of electoral college

Answer 2

1. elected members of both houses of parliament
2. elected members of legislative assemblies of states and UTs
   (nominated members of rajya sabha and state assemblies not allowed)

Question 3

reasons for indirect election of president

Answer 3

1. if president would be elected directly, he would become a rival centre of power to council of ministers. this would be against parliamentary system with ministerial responsibility
2. the membership in the house always has a dominating party. election by majority of the union parliament could make him a nominee of the ruling party like the prime minister
3. an electoral college would make the president the elected representative of the whole nation with a clear voice given to states as well

Question 4

who gives oath of office

Answer 4

Chief justice of india (in his absence, seniormost judge of supreme court)

Question 5

term of office of president

Answer 5

5 years, until successor takes charge

Question 6

vacation of office

Answer 6

1. may submit resignation letter to VP
2. may be impeached for violation of constitution

Question 7

impeachment of president

Answer 7

1. the parliament can level up the charge as: (resolution that is moved after 14 days’ notice in write, signed by 1/4th members, OR resolution is passed by 2/3rd membership)
2. when a charge is preferred by a house, the other house investigates the charge. President has a right to appear and be represented at such an investigation
3. if a resolution of 2/3rds majority is passed by the majority that the charge has been sustained, the resolution will have an effect to remove president from his office

Question 8

executive powers of president

Answer 8

1. head of union administration
2. appointment of officials of state
3. control over state governments
4. administration of union territories and border areas

Question 9

who does the president appoint as officials of state?

Answer 9

1. PM, council of ministers
2. chief justice, and judges of supreme court and high court
3. governers of state
4. chief commissioners of union territories

Question 10

legislative powers

Answer 10

1. addresses both houses of parliament after they assemble together for the first time after general election to the lok sabha, and at commencement of first session of the year.
2. sends messages to either house of parliament either in regard to any pending bill or other matter
3. summon and prorogue houses of parliament, when there is not more than 6 months gap betweem two sessions
4. can dissolve the lok sabha and order fresh elections
5. nominates 12 members of rajya sabha having practical experience in literature, science, art, social service, etc.
6. no bill can become a law without the president’s assent. the president may send a bill back to the houses with necessary recommendations
7. may promulgate and withdraw ordinances

Question 11

financial powers of president

Answer 11

1. money bills can be introduced only by the recommendation of president
2. finance minister, on behalf of the president, places the annual budget before the parliament
3. annual financial statement is also laid before parliament in beginning of every financial year, on behalf of president
4. can authorise withdrawal of advances from the contingency fund
5. president appoints a Finance commission after every 5 years to advise him on financial matters

Question 12

judicial powers of the president

Answer 12

1. not answerable before any court of law for the exercise of the powers and duties of his/her office
2. no criminal suit can be issued against him during the tenure of his office
3. has the power to grant pardons, reprieves, respites, and remissions of punishments- or to suspend, remit or commute the sentence of a person

Question 13

discretionary powers of the president

Answer 13

1. appointment of PM when there is a hung parliament , because president cannot appoint on the advice of outgoing PM who may have lost election or support of the house
2. appointment of PM in case of sudden death of incumbent, where ruling party is unable to meet immediately to elect leader
3. when the ruling party of lok sabha has lost majority, the president can dissolve the house or ask another party to prove their majority on the floor of the house
4. can dismiss ministers in case the council of ministers loses the confidence of house but refuses to resign

Question 14

define emergency

Answer 14

a sudden or unforseen situation demanding immediate action

Question 15

when can president declare emergency

Answer 15

1. national/general emergency
2. breakdown of constitutional machinery
3. financial emergency

Question 16

define national emergency

Answer 16

when there is danger of foreign aggression or danger to the peace and security of the country because of civil war, insurgency, etc

Question 17

breakdown of constitutional machinery

Answer 17

when constitutional machinery of a state has been broken down or there is deadlock due to political uncertainties

Question 18

financial emergency

Answer 18

a set-back to the financial stability or credit feasibility of the country is likely to occur or has occurred

Question 19

duration of national/general emergency

Answer 19

every proclamation of emergency must be approved within 1 month, by majority of 2/3rds members present. it cannot remain in operation for more than 6 months at a time. if the lok sabha passes a resolution disapproving emergency, the president has to revoke it.

Question 20

effects of general emergency

Answer 20

1. fundamental rights are suspended
2. states have to carry out orders of the centre
3. centre can suspend financial provisions of constitution
4. term of lok sabha, legislative assembly can be extended 1 year at a time

Question 21

qualifications for vice president

Answer 21

1. citizen of india
2. above 35
3. qualified for election as member of rajya sabha

Question 22

election of VP

Answer 22

electoral college consisting of both houses of parliament. election is held in accordance with system of proportional representation by single transferable vote, by secret ballot.

Question 23

term of office of VP

Answer 23

1. shall hold office for 5 years
2. may resign by giving letter to president
3. may be impeached for violating constitution
4. can hold office until successor enters upon office

Question 24

powers and functions of VP

Answer 24

1. ex-officio chairman of rajya sabha: he regulates debates and proceedings of the house, decides order of speeches, decides admissibility of questions and resolutions, may adjourn sessions
2. taking over as president (death, resignation, removal, illness)