The President (Indian Polity and Governance) Part-III

Total Questions: 45

41. According to the Constitution, which among the following is literally not a Power of the President of India? [R.A.S.\R.T.S. (Pre) 2013]

Correct Answer: (c) To send messages to houses of parliament
Solution:According to the Article 86(2), send message to the Parliament is a right of the President, not a power.

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.

42. The President of India does not have the right to- [41th B.P.S.C. (Pre) 1996]

Correct Answer: (b) Remove a judge of Supreme Court
Solution:The President of India does not have the right to remove a judge of the Supreme Court. The provision regarding this is discussed in the Article 124(4) of the Constitution which says "A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of the Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity".

43. Power of the President to grant pardons etc. is a :- [U.P.P.C.S. (Mains) 2010]

Correct Answer: (b) Judicial Power
Solution:Under Article 72, the President has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This comes under the judicial power of the President.

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.

44. Which of the following doesn't consists in the power 'To Pardon' of President? [Chhattisgarh P.C.S. (Pre) 2018]

i. Pardon

ii. Commutation

iii. Remission

iv. Respite

v. Reprieve

vi. Detention

vii. Continuation

Correct Answer: (d) vi, vii
Solution:According to Article 72 of the Constitution, "the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This also includes punishment or sentences by a Court Martial.

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.

45. From which Article does the President of India derive his/her pardoning power? [M.P.P.C.S. (Pre.) 2022]

Correct Answer: (a) Article 72
Solution:Article 72 of the Constitution empower the president to grant pardons, reprieves respites or remissions of punishment or to suspend, remit or commute the sentence pf any person convicted of any offence, an offence against a Union Law; 2. Punishment or sentence is by a court martial (military court); and 3. The sentence is a sentence of death.

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.