The President (Indian Polity and Governance) Part-III

Total Questions: 45

31. Under which Article of the Indian Constitution did the President give his assent to the Ordinance in electoral reforms when it when it was sent back to him by the Union Cabinet without making any changes (in the year 2002)? [I.A.S. (Pre) 2003, U.P.P.C.S. (Pre) 2015]

Correct Answer: (c) Article 123
Solution:Article 123 of the Indian Constitution provides the power to the President to promulgate Ordinances during recess of Parliament, if at any time, except when both the Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as required by the circumstances which appear to him. The Ordinance, thus issued, will have the same force as an Act of Parliament.

32. Under which of the following Articles of the Constitution, the President of India has been empowered to promulgate an ordinance? [U.P.P.C.S. (Mains) 2016, U.P. Lower Sub. (Mains) 2013]

Correct Answer: (b) Article-123
Solution:Article 123 of the Indian Constitution provides the power to the President to promulgate Ordinances during recess of Parliament, if at any time, except when both the Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as required by the circumstances which appear to him. The Ordinance, thus issued, will have the same force as an Act of Parliament.

33. An ordinance promulgated by the President must be placed before the Parliament within what time frame after the start of its session? [Jharkhand P.C.S. (Pre) 2013]

Correct Answer: (b) 6 weeks
Solution:According to Article 123(2), an Ordinance promulgated by the President must be laid before both the Houses of Parliament and shall cease to operate after the expiration of six weeks from the reassembly of 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.

34. Which among the following is/are appointed by the President of India? [I.A.S. (Pre) 1994, U.P.P.C.S. (Mains) 2005]

1. Chairman of the Finance Commission

2. Vice-Chairman of the Planning Commission

3. Chief Ministers of the Union Territories

Select the correct answer by using the following:

Correct Answer: (c) 1 and 3 are correct
Solution:According to Article 280(1), the Chairman of the Finance Commission is appointed by the President of India and according to Article 239AA(5), the Chief Minister of the Union Territories shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall bold office during the pleasure of the President. The Vice-Chairman of the Planning Commission is appointed by the Prime Minister

35. Who among the following is appointed by the President: [U.P.P.C.S. (Pre) 2002]

Correct Answer: (d) All of the above
Solution:Attorney General of India, Comptroller and Auditor General of India and Governor of State, all are appointed by the President in accordance with the Article 76, 148 and 155 respectively of the Indian Constitution.

The executive powers and functions of the President of India are as follows:

  • All executive actions of the Government of India are formally taken in his/her name.
  • He/she can make rules specifying the manner in which the orders and other instruments made and executed in his/her name shall be authenticated.
  • He/she can make rules for more convenient transactions of business of the Union government and allocation of the said business among the ministers.
  • He/she appoints the Prime Minister and the other ministers. They hold office during his/her pleasure.
  • He/she appoints the Governors of States, the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Chairman and Members of the Finance Commission, and soon.

36. Which one of the following is not appointed by the President of India: [U.P.P.C.S. (Pre) 2017]

Correct Answer: (a) Vice-President
Solution:The Vice-President is not appointed by the President. Vice-President is elected in the manner provided in Article 66.

The executive powers and functions of the President of India are as follows:

  • All executive actions of the Government of India are formally taken in his/her name.
  • He/she can make rules specifying the manner in which the orders and other instruments made and executed in his/her name shall be authenticated.
  • He/she can make rules for more convenient transactions of business of the Union government and allocation of the said business among the ministers.
  • He/she appoints the Prime Minister and the other ministers. They hold office during his/her pleasure.
  • He/she appoints the Governors of States, the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Chairman and Members of the Finance Commission, and soon.

37. The Constitution authorizes the President to make provisions for discharge of duties of Governor in extraordinary circumstances under- [U.P.P.C.S. (Mains) 2007]

Correct Answer: (a) Article 160
Solution:As per Article 160 of the Indian Constitution, the President may make such provisions as he thinks fit for the discharge of the duties of the Governor of a State in any contingency.

The powers and functions of the President of India are crucial to the country's governance, as outlined in the Constitution. While the President's role is largely ceremonial, they hold significant powers in areas like the legislative, executive, financial, and judicial domains. The President can summon and prorogue Parliament, give assent to bills, and address the nation in times of need.
Beyond these duties, the President of India also exercises executive authority, including the appointment of key officials such as the Prime Minister and Governors. As commander-in-chief of the Armed Forces, the President is responsible for national defense and emergency decisions to protect the Constitution and the nation's stability.

38. Indian Constitution doesn't empower the president of India with the right of- [38th B.P.S.C. (Pre) 1992]

Correct Answer: (b) Appointment of Chief Minister in States
Solution:According to the Article 164(1), the chief Minister is appointed by the Governor, not by the president of India.

The executive powers and functions of the President of India are as follows:

  • All executive actions of the Government of India are formally taken in his/her name.
  • He/she can make rules specifying the manner in which the orders and other instruments made and executed in his/her name shall be authenticated.
  • He/she can make rules for more convenient transactions of business of the Union government and allocation of the said business among the ministers.
  • He/she appoints the Prime Minister and the other ministers. They hold office during his/her pleasure.
  • He/she appoints the Governors of States, the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and Members of the Union Public Service Commission, the Chairman and Members of the Finance Commission, and soon.

39. Which Article of the Indian Constitution empowers the President to consult the Supreme Court? [U.P.P.C.S. (Mains) 2012]

Correct Answer: (c) Article 143
Solution:Article 143 of the constitution empowers the president to consult the supreme court on the question of law or fact, but he is not bound to accept the advice given by the supreme court.

The judicial powers of the President of India play a crucial role in shaping the country's legal framework. These powers include appointments to the judiciary, seeking legal advice, and exercising clemency in criminal cases.

  • Appointments to the Judiciary: The President has the authority to appoint the Chief Justice and other judges of the Supreme Court and High Courts.
  • Consultation with the Supreme Court (Article 143): The President can seek the advice of the Supreme Court on legal or factual matters, though the advice is non-binding.
  • Clemency Powers (Article 72): The President has the power to grant pardons, reprieves, and commutations, as well as suspend or reduce sentences for individuals convicted of offenses.

40. Which of the following is incorrect about the powers of the president of India? [U.P.P.C.S. (Pre) (Mains) 2008]

Correct Answer: (a) The president should accept the advice of Supreme Court
Solution:Article 143 of the constitution empowers the president to consult the supreme court on the question of law or fact, but he is not bound to accept the advice given by the supreme court.

The judicial powers of the President of India play a crucial role in shaping the country's legal framework. These powers include appointments to the judiciary, seeking legal advice, and exercising clemency in criminal cases.

  • Appointments to the Judiciary: The President has the authority to appoint the Chief Justice and other judges of the Supreme Court and High Courts.
  • Consultation with the Supreme Court (Article 143): The President can seek the advice of the Supreme Court on legal or factual matters, though the advice is non-binding.
  • Clemency Powers (Article 72): The President has the power to grant pardons, reprieves, and commutations, as well as suspend or reduce sentences for individuals convicted of offenses.