The President (Part-II)

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]

(a) Article 39
(b) Article 60
(c) Article 61
(d) None of the above

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]

(a) Both the Houses of the Parliament
(b) Lok Sabha
(c) Rajya Sabha
(d) Speaker of the Lok Sabha

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]

(a) The Chief Justice of India.
(b) The Vice-President of India.
(c) The Speaker of the Lok Sabha.
(d) The two house of parliament

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]

(a) 7 days
(b) 14 days
(c) 21 days
(d) 30 days

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]

(a) Lok Sabha
(b) Rajya Sabha
(c) State Legislative Councils
(d) State Legislative Assemblies

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]

(a) Quasi-Judicial Procedure
(b) Executive Procedure
(c) Judicial Procedure.
(d) Legislative Procedure

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]

(a) 90 days
(b) Six months
(c) Nine months
(d) One year

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]

(a) Within six months from the date of occurrence of the vacancy
(b) After one year from the date of vacancy
(c) After nine months from the date of vacancy
(d) After seven months from the date of vacancy

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]

(a) One month
(b) Nine months
(c) Three months
(d) Six months

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]

(a) 5 years
(b) 4 years
(c) 1 year
(d) 6 months

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.

The President (Part-II)

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]

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]

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

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]

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]

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

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]

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]

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]

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]

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