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The President (Part-II)

📆 October 4, 2024

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".

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: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]

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]

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]

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.

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)).

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)).

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.

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.

11. Who among the following can call the joint session of Indian Parliament? [Uttarakhand P.C.S. (Pre) 2003]

Correct Answer: (a) 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.

12. Which of the following expression is appropriate regarding the message to call joint sitting of both houses under Article 108 of the Constitution of India? [M.P.P.C.S. (Pre) 2020]

Correct Answer: (a) Intention of President
Solution:Article 108-Joint sitting of the both Houses in certain cases- If after a Bill has been passed by one House and transmitted to the other House-

(a) the Bill is rejected by the other House; or

(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or

(c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill.

Hence option (a) is correct.

13. Which of the following is required under Article 108 of the Constitution of India to summon a joint sitting of the two houses of Parliament? [M.P.P.C.S. (Pre), 2021]

Correct Answer: (a) Intention of the President
Solution:Article 108-Joint sitting of the both Houses in certain cases- If after a Bill has been passed by one House and transmitted to the other House-

(a) the Bill is rejected by the other House; or

(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or

(c) more than six months elapse from the date of the reception of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message if they are sitting or by public notification if they are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill.

Hence option (a) is correct.

14. Which one of the following statements about the President of India is not correct? [U.P.P.C.S. (Mains) 2010]

Correct Answer: (b) He participates in the discussions in the both Houses.
Solution:According to Article 79 of the Constitution, the President of India is a constituent part of the Parliament. He addresses the two Houses at a joint meeting every year. He can promulgate Ordinances (according to Article 123) during the recess of Parliament. He does not participate in the Parliamentary discussions.

15. Given below are two statements: [U.P.P.C.S. (Mains) 2007]

Assertion (A): The President is the part of the Parliament

Reason (R): A Bill passed by the two Houses of Parliament cannot become law without the assent of the President.

In the context of the above, which one of the following is correct?

Correct Answer: (a) Both (A) and (R) are true, and (R) is the correct explanation of (A).
Solution:According to Article 79, the Parliament included the President and both the Houses (Lok Sabha and Rajya Sabha), and under Article 111, a Bill becomes law only when it gets the President's assent. So both (A) and (R) are correct statement and (R) is the correct explanation of (A).

16. Given below are two statements, one is labelled as Assertion (A) and other as Reason (R): [U.P.P.C.S. (Pre) 2023]

Assertion (A): The President is a part of the Parliament.

Reason (R): A bill passed by the two Houses of the Parliament cannot become a law without the assent of the President.

Select the correct answer using the code given below:

Correct Answer: (d) Both (A) and (R) are true and (R) is correct explanation of (A)
Solution:As per Article 79, there shall be a Parliament for the Union, which shall consist of the President and two Houses, to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). As per Article 111. when a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill or that he withholds assent. Hence, option (d) is correct answer.

17. A Bill presented in Parliament becomes an Act after- [48th to 52th B.P.S.C. (Pre) 2008]

Correct Answer: (b) The President has given his Assent.
Solution:A bill presented in and passed by the Parliament becomes an Act after the assent of the President. (under Article 111).

18. The only instance when the President of India exercised his power of veto, is related to- [I.A.S. (Pre) 1993]

Correct Answer: (c) The Indian Post Office (Amendment) Bill
Solution:President Dr. Rajendra Prasad applied an absolute Veto on the advice of the Council of Ministers over the PEPSU Appropriation Bill 1954, Whereas President Gyani Zail Singh exercised a the pocket veto in Indian Post Office (Amendment) Bill in 1986. Hence, pocket veto can be regarded as the veto power used by the President at his discretion. Whereas absolute veto is subject to the discretion of the union council of ministers. Therefore, option (c) is the correct answer.

19. Who among the following Presidents exercised a power which is 'Pocket veto' in Constitutional terminology? [Chhattisgarh P.C.S. (Pre) 2015]

Correct Answer: (c) Gyani Zail Singh
Solution:A Pocket Veto is a legislative manoeuvre that allows a president to exercise that power over a Bill by taking no action (instead of affirmatively voting it or sending it back for reconsideration). To date 'Pocket Veto' has been exercised only once in India by the President Gyani Zail Singh in 1986 on the Indian Post Office (Amendment) Bill.

20. Under which Article of the Indian Constitution, the President of India enjoys the power to withhold his assent to any Bill passed by both the Houses of the Parliament? [U.P. Lower Sub. (Pre) 2004, U.P. P.C.S. (Pre) 2008]

Correct Answer: (d) Article 111
Solution:According to Article 111 of the Indian Constitution, when a Bill has Bill has passed by both the Houses of Parliament, it shall be presented to the President and the President shall declare that either he assents to the Bill or that he withholds assent therefrom.

21. The President holds office for a term of 5 years from date on- [R.A.S.\R.T.S. (Pre) 1996]

Correct Answer: (c) Which he enters upon his office\hold his office
Solution:According to Article 56(1), the President holds ;office for a term of 5 years from the date on which he enters upon his office.

22. To whom does the President of India address hi resignation? [I.A.S. (Pre) 2009]

Correct Answer: (b) Vice-President of India
Solution:According to Article 56(1)(a), the President addresses his resignation to the Vice-President of India and then under Article 56(2), the vice-President shall immediately communicate the same to the Speaker of the House of the People [Art 56(2)].

23. To whom does the President of India submit his resignation? [Jharkhand P.C.S. (Pre) 2013]

Correct Answer: (b) The Vice-President of India
Solution:According to Article 56(1)(a), the President addresses his resignation to the Vice-President of India and then under Article 56(2), the vice-President shall immediately communicate the same to the Speaker of the House of the People [Art 56(2)].

24. The President of India can be removed from his post by- [39th B.P.S.C. (Pre) 1994, 47thB.P.S.C. (Pre) 2005]

Correct Answer: (d) Parliament
Solution:According to Article 56(1)(b), the President can be removed from his/her office by impeachment for the violation of the Constitution, and the process of impeachment can be started by either House of the Parliament in accordance with provisions of Article 61.

25. What is not true in relation to election of President? [Chhattisgarh P.C.S. (Pre) 2011 30 of 76]

Correct Answer: (d) None of the above
Solution:As per Article 55 of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be done by secret ballot. Hence option (a) is correct. The nomination of a candidate for election to the office of president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Hence option (b) is correct. The value of the vote of each MLA (Members of Legislative Assemblies) varies from state to state. It's based on 1971 census data. Hence all the option (a), (b) and (c) are true. Hence option (d) is correct answer.

26. Under which Article of the Indian Constitution can the President be impeached? [Uttarakhand P.C.S. (Mains) 2006]

Correct Answer: (d) Article 61
Solution:As per Article 55 of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be done by secret ballot. Hence option (a) is correct. The nomination of a candidate for election to the office of president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Hence option (b) is correct. The value of the vote of each MLA (Members of Legislative Assemblies) varies from state to state. It's based on 1971 census data. Hence all the option (a), (b) and (c) are true. Hence option (d) is correct answer.

27. Under which one of the following Articles, the procedure for removal of the President of India through the process of impeachment has been laid down? [U.P.P.C.S. (Pre) (Re. Exam) 2015]

Correct Answer: (b) Article-61
Solution:As per Article 55 of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be done by secret ballot. Hence option (a) is correct. The nomination of a candidate for election to the office of president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Hence option (b) is correct. The value of the vote of each MLA (Members of Legislative Assemblies) varies from state to state. It's based on 1971 census data. Hence all the option (a), (b) and (c) are true. Hence option (d) is correct answer.

28. The President of India can be removed from office even before the expiry of the term. [U.P.P.C.S. (Pre) 1994]

Correct Answer: (c) Through impeachment
Solution:As per Article 55 of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be done by secret ballot. Hence option (a) is correct. The nomination of a candidate for election to the office of president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Hence option (b) is correct. The value of the vote of each MLA (Members of Legislative Assemblies) varies from state to state. It's based on 1971 census data. Hence all the option (a), (b) and (c) are true. Hence option (d) is correct answer.

29. By which House of Parliament, impeachment may be Imposed on President? [Jharkhand P.C.S. (Pre) 2003]

Correct Answer: (c) By any House of Parliament
Solution:As per Article 55 of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be done by secret ballot. Hence option (a) is correct. The nomination of a candidate for election to the office of president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Hence option (b) is correct. The value of the vote of each MLA (Members of Legislative Assemblies) varies from state to state. It's based on 1971 census data. Hence all the option (a), (b) and (c) are true. Hence option (d) is correct answer.

30. Which Article of the Indian constitution provides the Provisions related to the impeachment of the President? [M.P.P.C.S. (Pre.) 2022]

Correct Answer: (c) Article 61
Solution:Article 61 of the Indian Constitution provides the procedure for impeachment of the President. As per this provision, the President can be removed from office by a process of impeachment (a quasi-judicial procedure in the Parliament) for "violation of the Constitution'. However, the Constitution does not define the meaning of the phrase "violation of the Constitution'. The impeachment charges can be initiated by either House of Parliament after giving a 14 days' Prior-notice to the President. These charges should be signed by one- fourth of the members of the House (that framed the charges). After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed. However, no President has so far been impeached.

31. Which one of the following Articles of the Indian Constitution deals with the impeachement process against the Indian President? [U.P. P.C.S. (Mains) 2017]

Correct Answer: (c) Article 61
Solution:Article 61 of the Indian Constitution provides the procedure for impeachment of the President. As per this provision, the President can be removed from office by a process of impeachment (a quasi-judicial procedure in the Parliament) for "violation of the Constitution'. However, the Constitution does not define the meaning of the phrase "violation of the Constitution'. The impeachment charges can be initiated by either House of Parliament after giving a 14 days' Prior-notice to the President. These charges should be signed by one- fourth of the members of the House (that framed the charges). After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed. However, no President has so far been impeached.

32. Which one of the following has the power to initiate the Motion of Impeachment of the President of India? [U.P.P.C.S. (Mains) 2017]

Correct Answer: (a) Both the Houses of the Parliament
Solution:Article 61 of the Indian Constitution provides the procedure for impeachment of the President. As per this provision, the President can be removed from office by a process of impeachment (a quasi-judicial procedure in the Parliament) for "violation of the Constitution'. However, the Constitution does not define the meaning of the phrase "violation of the Constitution'. The impeachment charges can be initiated by either House of Parliament after giving a 14 days' Prior-notice to the President. These charges should be signed by one- fourth of the members of the House (that framed the charges). After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed. However, no President has so far been impeached.

33. The President can be impeached on the grounds of violating the Constitution by- [U.P.P.C.S. (Mains) 2008]

Correct Answer: (d) The two house of parliament
Solution:Article 61 of the Indian Constitution provides the procedure for impeachment of the President. As per this provision, the President can be removed from office by a process of impeachment (a quasi-judicial procedure in the Parliament) for "violation of the Constitution'. However, the Constitution does not define the meaning of the phrase "violation of the Constitution'. The impeachment charges can be initiated by either House of Parliament after giving a 14 days' Prior-notice to the President. These charges should be signed by one- fourth of the members of the House (that framed the charges). After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed. However, no President has so far been impeached.

34. At least how many days of prior notice is required for the impeachment of the President of India? [U.P.P.C.S. (Pre) 2014]

Correct Answer: (b) 14 days
Solution:According to Article 61(1), the process of impeachment can be started from either House of the Parliament, and it is required to give prior notice of at least 14 days [Art. 61(2) (a)) in writing which must be signed by not less than 1/4- of the total number of members of the House, who have given their intention to move the resolution. Under Article 61(2) (b), such a resolution must be passed by a majority of not less than two-thirds of the total membership of the House.

35. Which one of the following is a part of the electoral college of the President but not of the process of impeachment? [I.A.S. (Pre) 1996]

Correct Answer: (d) State Legislative Assemblies
Solution:The Members of Lok Sabha and Rajya Sabha can start impeachment of the President of India as mentioned in Art. 61 of the Constitution. Members of State Legislative Assemblies do not participate in the process of impeachment though they take part in the election process of the President. It is known that State Legislative Councils are not the part of the electoral college and do not take part in the election of the President. The procedure for Impeachment of the President of India is Quasi-Judicial Procedure.

36. The procedure of Impeachment of the President of India is- [RA.S/R.T.S. (Pre) 2016]

Correct Answer: (a) Quasi-Judicial Procedure
Solution:The Members of Lok Sabha and Rajya Sabha can start impeachment of the President of India as mentioned in Art. 61 of the Constitution. Members of State Legislative Assemblies do not participate in the process of impeachment though they take part in the election process of the President. It is known that State Legislative Councils are not the part of the electoral college and do not take part in the election of the President. The procedure for Impeachment of the President of India is Quasi-Judicial Procedure.

37. The vacant post of the President is to be filled within [U.P.P.C.S. (Pre) 2005, U.P.P.C.S. (Mains) 2013]

Correct Answer: (b) Six months
Solution:Article 62(2) of the Indian Constitution describes that the vacant post of the President should be filled within six months from the date of occurrence of the vacancy because of his death, resignation or removal, or otherwise.

38. In the case of a vacancy arising from any cause other than the expiry of the term of the President in office an election to fill the vacancy must be held: [U.P.P.C.S. (Mains) 2016]

Correct Answer: (a) Within six months from the date of occurrence of the vacancy
Solution:Article 62(2) of the Indian Constitution describes that the vacant post of the President should be filled within six months from the date of occurrence of the vacancy because of his death, resignation or removal, or otherwise.

39. What is the deadline to fill the occurrence of vacancy due to death, resignation or removal of the President in India? [U.P.P.C.S. (Pre) 1998]

Correct Answer: (d) Six months
Solution:Article 62(2) of the Indian Constitution describes that the vacant post of the President should be filled within six months from the date of occurrence of the vacancy because of his death, resignation or removal, or otherwise.

40. For how long can the Vice-President act as President when the President cannot perform his duties for reasons of death resignation, removal or otherwise? [Jharkhand P.C.S. (Pre) 2013]

Correct Answer: (d) 6 months
Solution:In the case of a vacancy for the post of the President, it should not be vacant for more than 6 months. So the Vice-President can hold the office for not more than 6 months.
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