The President (Part-III)

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]

(a) Promulgation of Ordinances
(b) To consult the Supreme Court
(c) To send messages to houses of parliament
(d) To Grand Pardon

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.

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

(a) Give pardon
(b) Remove a judge of Supreme Court
(c) Declare emergency
(d) Pass ordinances

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]

(a) Legislative Power
(b) Judicial Power
(c) Executive Power
(d) None of the above

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.

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

(a) i
(b) ii, iii
(c) iv, v
(d) vi, vii

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.

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

(a) Article 72
(b) Article 71
(c) Article 73
(d) Article 74

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.