The President (Indian Polity and Governance) Part-II

Total Questions: 40

1. In case the post of the President of India falls vacant due to his death, resignation of removal from office, who will occupy that post? [M.P.P.C.S. (Pre) 1995]

Correct Answer: (c) Vice- President
Solution:Article 65(1) describes that "In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice- President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office".

Office can be vacant in the following ways:
1. When the President of India completes his term of five years in the office
2. If the President resigns by putting forward his resignation to the Vice-President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed
4. if he dies in the office
5. If the Supreme Court declares his election invalid
Note: Vice-President discharges the duties as President; if the latter's office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President's Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence), Supreme Court's senior-most judge, discharge the functions of the President (till new President is elected.)

2. In case the post of President of India falls vacant, and there is no Vice-President also, who among the following would be the acting President? [U.P.P.C.S. (Pre) (Re. Exam) 2015, U.P.R.O/A.R.O. (Pre) 2014, R.A.S/R.T.S. (Pre) 2007. U.P.P.C.S. (Mains) 2005. U.P.P.C.S. (Pre) 1992 ]

Correct Answer: (d) Chief Justice of the Supreme Court
Solution:Office can be vacant in the following ways:
1. When the President of India completes his term of five years in the office
2. If the President resigns by putting forward his resignation to the Vice-President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed
4. if he dies in the office
5. If the Supreme Court declares his election invalid
Note: Vice-President discharges the duties as President; if the latter's office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President's Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence), Supreme Court's senior-most judge, discharge the functions of the President (till new President is elected.)

3. In the event of vacancy in the office of both president and Vice-President who shall discharge the functions of president/ [U.P.R.O.\A.R.O. (Mains) 2021]

Correct Answer: (c) Chief Justice of India
Solution:Office can be vacant in the following ways:
1. When the President of India completes his term of five years in the office
2. If the President resigns by putting forward his resignation to the Vice-President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed
4. if he dies in the office
5. If the Supreme Court declares his election invalid
Note: Vice-President discharges the duties as President; if the latter's office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President's Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence), Supreme Court's senior-most judge, discharge the functions of the President (till new President is elected.)

4. If the position of President and Vice-President are vacant, who officiates as the President of India? [48th 52nd B.P.S.C. (Pre) 2008]

Correct Answer: (b) The Chief Justice of India
Solution:Office can be vacant in the following ways:
1. When the President of India completes his term of five years in the office
2. If the President resigns by putting forward his resignation to the Vice-President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed
4. if he dies in the office
5. If the Supreme Court declares his election invalid
Note: Vice-President discharges the duties as President; if the latter's office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President's Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence), Supreme Court's senior-most judge, discharge the functions of the President (till new President is elected.)

5. If in India the office of President and Vice-President falls vacant at one point of time, the office of the President will temporarily be held by- [U.P.P.C.S. (Mains) 2014]

Correct Answer: (b) The Chief Justice of Supreme Court
Solution:Office can be vacant in the following ways:
1. When the President of India completes his term of five years in the office
2. If the President resigns by putting forward his resignation to the Vice-President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed
4. if he dies in the office
5. If the Supreme Court declares his election invalid
Note: Vice-President discharges the duties as President; if the latter's office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President's Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence), Supreme Court's senior-most judge, discharge the functions of the President (till new President is elected.)

6. Assertion (A): During the term of office no litigation can be instituted in any court of law against the President of India. [Chhattisgarh P.C.S. (Pre) 2008]

Reason (R): President's office is above the Constitution.

Correct Answer: (d) None of these
Solution:As per the Article 361 (2) No criminal proceedings whatsoever shall be instituted or continued against the President or the Governor of a state in any court during his term of office. However, under the provision of Article 361 (4) a civil proceeding can be instituted against the president or the Governor of a state during his term of office after two months of giving written notice. So none of the above answer is correct.

7. The President can dissolve Lok Sabha on- [M.P.P.C.S. (Pre) 1999]

Correct Answer: (c) Recommendation of the Union Cabinet
Solution:According to Article 85 (2) (b), the President may dissolve the House of the People (Lok Sabha). But president in exercise of his functions, acts in accordance with the advice of the Union Council of Ministers headed by the Prime Minister (Under Article 74(1)).

The legislative powers of the President of India enable significant influence over the functioning of the Parliament. These powers include summoning and proroguing sessions, addressing the Parliament, and granting permission for the introduction of bills.
Summoning and Proroguing Parliament: The President can summon and prorogue the Parliament and dissolve the Lok Sabha on the advice of the CoM headed by the Prime Minister.

  • Summoning Joint Sitting: He summons a joint sitting of both Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
  • Nomination to Rajya Sabha (Article 80): The President nominates 12 members to the Rajya Sabha with special expertise in literature, science, art, and social service.
  • Sending Messages to Parliament (Article 86): The President can send messages to the Houses of Parliament, either concerning a bill or other matters.
  • Addressing Parliament (Article 87): The President addresses the Parliament at the commencement of the first session after each general election and the first session of each year, Appointment of Presiding
  • Officer (Article 93): The President appoints a member of the Lok Sabha to preside over proceedings when both the Speaker and Deputy Speaker's offices are vacant.
  • Disqualification of Members (Article 103): The President decides on questions related to the disqualification of members of Parliament in consultation with the Election Commission.
  • Recommendation for Certain Bills (Article 117): The President's prior recommendation or permission is required to introduce money bills in Parliament.
  • Promulgating Ordinances (Article 123): The President can promulgate ordinances when Parliament is not in session...

8. The President of India can dissolve the Lok Sabha on the recommendation of: [Chhattisgarh P.C.S. (Pre) 2003]

Correct Answer: (d) Cabinet
Solution:According to Article 85 (2) (b), the President may dissolve the House of the People (Lok Sabha). But president in exercise of his functions, acts in accordance with the advice of the Union Council of Ministers headed by the Prime Minister (Under Article 74(1)).

The legislative powers of the President of India enable significant influence over the functioning of the Parliament. These powers include summoning and proroguing sessions, addressing the Parliament, and granting permission for the introduction of bills.
Summoning and Proroguing Parliament: The President can summon and prorogue the Parliament and dissolve the Lok Sabha on the advice of the CoM headed by the Prime Minister.

  • Summoning Joint Sitting: He summons a joint sitting of both Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
  • Nomination to Rajya Sabha (Article 80): The President nominates 12 members to the Rajya Sabha with special expertise in literature, science, art, and social service.
  • Sending Messages to Parliament (Article 86): The President can send messages to the Houses of Parliament, either concerning a bill or other matters.
  • Addressing Parliament (Article 87): The President addresses the Parliament at the commencement of the first session after each general election and the first session of each year, Appointment of Presiding
  • Officer (Article 93): The President appoints a member of the Lok Sabha to preside over proceedings when both the Speaker and Deputy Speaker's offices are vacant.
  • Disqualification of Members (Article 103): The President decides on questions related to the disqualification of members of Parliament in consultation with the Election Commission.
  • Recommendation for Certain Bills (Article 117): The President's prior recommendation or permission is required to introduce money bills in Parliament.
  • Promulgating Ordinances (Article 123): The President can promulgate ordinances when Parliament is not in session.

9. The joint sitting of the House of People and the Council of States is summoned by- [U.P.P.C.S.(Pre) 2012]

Correct Answer: (a) The President
Solution:The joint sitting of the House of the People and the Council of States can be summoned by the President in certain cases prescribed in Article 108 of the Constitution. Under Article 118(4), the speaker of the Lok Sabha presides the joint- session of the Parliament.

The legislative powers of the President of India enable significant influence over the functioning of the Parliament. These powers include summoning and proroguing sessions, addressing the Parliament, and granting permission for the introduction of bills.
Summoning and Proroguing Parliament: The President can summon and prorogue the Parliament and dissolve the Lok Sabha on the advice of the CoM headed by the Prime Minister.

  • Summoning Joint Sitting: He summons a joint sitting of both Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
  • Nomination to Rajya Sabha (Article 80): The President nominates 12 members to the Rajya Sabha with special expertise in literature, science, art, and social service.
  • Sending Messages to Parliament (Article 86): The President can send messages to the Houses of Parliament, either concerning a bill or other matters.
  • Addressing Parliament (Article 87): The President addresses the Parliament at the commencement of the first session after each general election and the first session of each year, Appointment of Presiding
  • Officer (Article 93): The President appoints a member of the Lok Sabha to preside over proceedings when both the Speaker and Deputy Speaker's offices are vacant.
  • Disqualification of Members (Article 103): The President decides on questions related to the disqualification of members of Parliament in consultation with the Election Commission.
  • Recommendation for Certain Bills (Article 117): The President's prior recommendation or permission is required to introduce money bills in Parliament.
  • Promulgating Ordinances (Article 123): The President can promulgate ordinances when Parliament is not in session.

10. The Joint sitting of Lok Sabha and Rajya Sabha under Article 108 is summoned by- [U.P.P.C.S. (Mains) 2015, U.P.P.C.S. (Pre) (Re. Exam) 2015]

Correct Answer: (d) President
Solution:The joint sitting of the House of the People and the Council of States can be summoned by the President in certain cases prescribed in Article 108 of the Constitution. Under Article 118(4), the speaker of the Lok Sabha presides the joint- session of the Parliament.

The legislative powers of the President of India enable significant influence over the functioning of the Parliament. These powers include summoning and proroguing sessions, addressing the Parliament, and granting permission for the introduction of bills.
Summoning and Proroguing Parliament: The President can summon and prorogue the Parliament and dissolve the Lok Sabha on the advice of the CoM headed by the Prime Minister.

  • Summoning Joint Sitting: He summons a joint sitting of both Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
  • Nomination to Rajya Sabha (Article 80): The President nominates 12 members to the Rajya Sabha with special expertise in literature, science, art, and social service.
  • Sending Messages to Parliament (Article 86): The President can send messages to the Houses of Parliament, either concerning a bill or other matters.
  • Addressing Parliament (Article 87): The President addresses the Parliament at the commencement of the first session after each general election and the first session of each year, Appointment of Presiding
  • Officer (Article 93): The President appoints a member of the Lok Sabha to preside over proceedings when both the Speaker and Deputy Speaker's offices are vacant.
  • Disqualification of Members (Article 103): The President decides on questions related to the disqualification of members of Parliament in consultation with the Election Commission.
  • Recommendation for Certain Bills (Article 117): The President's prior recommendation or permission is required to introduce money bills in Parliament.
  • Promulgating Ordinances (Article 123): The President can promulgate ordinances when Parliament is not in session.