The President (Part-II)

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]

(a) Prime Minister
(b) Chief Justice to the Supreme Court
(c) Vice- President
(d) None of the above

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".

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 ]

(a) Vice-Chairman of Rajya Sabha
(b) Attorney-General of India
(c) Lok Sabha Speaker
(d) Chief Justice of the Supreme Court

Correct Answer: (d) Chief Justice of the Supreme Court

Solution:The President (discharge of function) Act, 1969 of India provides that the Chief Justice of India (CJI) shall act as the President of India in the event if the office of both the President and Vice - President being vacant. In the Supreme Court shall perform the function of the President.

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]

(a) Prime Minister
(b) Lok Sabha Speaker
(c) Chief Justice of India
(d) None of the above

Correct Answer: (c) Chief Justice of India

Solution:The President (discharge of function) Act, 1969 of India provides that the Chief Justice of India (CJI) shall act as the President of India in the event if the office of both the President and Vice - President being vacant. In the Supreme Court shall perform the function of the President.

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]

(a) The Prime Minister
(b) The Chief Justice of India
(c) The Speaker of Lok-Sabha
(d) None of these

Correct Answer: (b) The Chief Justice of India

Solution:The President (discharge of function) Act, 1969 of India provides that the Chief Justice of India (CJI) shall act as the President of India in the event if the office of both the President and Vice - President being vacant. In the Supreme Court shall perform the function of the President.

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]

(a) The Prime Minister
(b) The Chief Justice of Supreme Court
(c) The Chief of Armed Forces
(d) None of the above

Correct Answer: (b) The Chief Justice of Supreme Court

Solution:The President (discharge of function) Act, 1969 of India provides that the Chief Justice of India (CJI) shall act as the President of India in the event if the office of both the President and Vice - President being vacant. In the Supreme Court shall perform the function of the President.

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.

(a) Both (A) and (R) are true, and (R) is the correct explanation of (A).
(b) Both (A) and (R) are true, but (R) is not correct explanation of (A).
(c) (A) is true, but (R) is false.
(d) None of these

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]

(a) Recommendation of Chief Justice of India
(b) Lok Sabha's recommendation
(c) Recommendation of the Union Cabinet
(d) Rajya Sabha's recommendation

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)).

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

(a) Rajya Sabha
(b) Election Commission
(c) Chief Justice of India
(d) Cabinet

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)).

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

(a) The President
(b) Speaker of Lok Sabha
(c) Parliament
(d) Chairman of Rajya Sabha

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.

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]

(a) Chairman of Rajya Sabha
(b) Speaker of Lok Sabha
(c) Prime Minister
(d) President

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 President (Part-II)

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]

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 ]

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]

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]

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]

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]

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

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

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

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]

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