The President Part-I

Total Questions: 40

11. Consider the following statements in respect of election to the President of India: [U.P.S.C. (Pre.) 2023]

1. The members nominated to either House of the Parliament or the Legislative Assemblies of States are also eligible to be included in the Electoral College.

2. Higher the number of elective Assembly seats, higher is the value of vote of each MLA of that State.

3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala.

4. The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh.

How many of the above statements are correct?

(a) Only one
(b) Only two
(c) Only three
(d) All four

Correct Answer: (a) Only one

Solution:The President is elected not directly by the people but by members of the Electoral College consisting of:

The elected members of both the Houses of Parliament;

The elected members of the legislative assemblies of the states; and

The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry (added by the 70 Constitutional Amendment Act of 1992).

Thus, the nominated members of both Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) do not participate in the election of the President. Hence statement I is not correct. Article 55 of the Constitution provides the manner of election of the President, according to this Article, value of the vote of an MLA of a state Total population of the state/(1000 total number of elected members in the state legislative assembly). From the equation, it is clear that the higher the number of seats in the legislative assembly the lower the value of the vote of an MLA.

of that state (as the number of seats forms the denominator) According to the 84 Constitutional Amendment Act of 2001, the expression 'population' means the population as ascertained at the 1971 census, until the relevant figures for the first census taken after 2026 have been published. On the basis of the above formula, the value of a vote of an MLA is given for the following states and union territories 1. Madhya Pradesh 131, 2. Kerala 152, 3. Arunachal Pradesh-8, 4. Puducherry - 16. Hence statement 2 and 3 are incorrect while statement 4 is correct.

12. The Chief Minister of a State in India is not eligible to vote in the Presidential election if- [U.P.S.C. (Pre) 1993]

(a) He is a candidate
(b) He is yet to prove his majority on the floor of the Lower House of the State Legislature.
(c) He is a member of the Upper House of the State Legislature.
(d) He is a member of the Lower House of the State Legislature.

Correct Answer: (c) He is a member of the Upper House of the State Legislature.

Solution:Article 54 provides that the President shall be elected by an electoral college consisting of:

(a) the elected members of both Houses of Parliament

(b) the elected members of Legislative Assembly of the States.

Thus, if the Chief Minister of a State is a member of the Upper House of the State (Legislative Council), he is not entitled to vote in the election of the President.

13. In the Presidential election in India, every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly. As at present (1997), the expression "population" here means the population as ascertained by the- [U.P.S.C. (Pre) 1997]

(a) 1991 Census
(b) 1981 Census
(c) 1971 Census
(d) 1961 Census

Solution:According to Article 81(3), the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971 census. It is also mentioned in the Explanation of Article 55.

14. Which of the following is not an essential qualification for the candidature of President? [U.P.P.C.S. (Pre) 1992]

(a) Completion of 35 years
(b) Educated
(c) Qualified for election as a member of the House of People
(d) Citizen of India

Correct Answer: (b) Educated

Solution:Article 58(1) of the Indian Constitution enumerates qualifications for election as President - No person shall be eligible for election as President unless he- (a) is a citizen of India (b) has completed the age of 35 years and (c) is qualified for election as a member of the House of the People.

15. Consider the following statements about the President of India- [U.P. Lower Sub. (Pre) 1998]

(1) He should be citizen of India by birth

(2) He should have completed the age of 35 years

(3) He should be qualified for election as a member of Parliament

Which of these statement is/are correct-

(a) Only 1
(b) Only 2
(c) 1 and 2
(d) 1 and 3

Correct Answer: (b) Only 2

Solution:Article 58(1) of the Indian Constitution describes the qualification for the election of President. According to Article 58 (1) No person shall be eligible for election as President unless he-

(a) is a citizen of India.

(b) has completed the age of 35 years

So, it is clear that citizenship by birth is not required and the candidate must be eligible for the House of the people only.

16. A Member of Parliament or a State Legislature can be elected as President but- [U.P.P.C.S. (Spl) (Mains) 2008]

(a) He will have to resign from his seat before contesting the election
(b) He will have to relinquish his seat within 6 months of his election
(c) He will have to relinquish his seat as soon as he is elected
(d) An MP can contest but an MLA can not.

Correct Answer: (c) He will have to relinquish his seat as soon as he is elected

Solution:According to Article 59(1) of the Indian Constitution, the President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State is elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

17. The Indian President is eligible for re-election for how many times? [67th B.P.S.C. (Pre) (Re-Exam), 2021]

(a) Once
(b) Twice
(c) Thrice
(d) Any number of times
(e) None of the above/More than one of the above

Correct Answer: (d) Any number of times

Solution:Article 57 of the Constitution of India deals with the eligibility for re-election of the President, according to which any person who bolds or has held office as President shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Thus the President of India is eligible for re-election any number of times.

18. Which article of the Indian Constitution prescribes eligibility conditions for re-election to the post of the President of India? [Chhattisgarh P.C.S. (Pre) 2011]

(a) Article 52
(b) Article 54
(c) Article 55
(d) Article 57

Correct Answer: (d) Article 57

Solution:Article 57 describes the eligibility for re-election to the post of the President of India. It provides "A person who holds, or who has held the office of President, shall subject to the other provisions of this Constitution, be eligible for re-election to that office'.

19. If there is any dispute regarding the Presidential election, it can be referred to- [38thB.P.S.C. (Pre) 1992]

(a) Attorney General of India
(b) Parliament
(c) Supreme Court of India
(d) None of these

Correct Answer: (c) Supreme Court of India

Solution:If there is any doubt or dispute regarding the election of the President, it can be referred to the Supreme Court of India (Art 71), whose decision shall be final.

20. Consider the following statements: [U.P.S.C. (Pre.) 2023]

1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/ her office of President before the date of decision become invalid.

2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.

3. When a Bill is presented to the President of India, the Constitution prescribes time limits within.

which he/she has to declare his/her assent. How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Correct Answer: (d) None

Solution:Article 71 of the Indian Constitution provides matters relating to, or connected with, the election of a President or Vice-President. As per article 71(1), all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court, whose decision shall be final. Article 71(2) says If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. As per Article 71 (4), the election of a person as President or Vice President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the Electoral College electing him. Thus, postponement is not an option. As regards the Indian President, the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent. Hence all three statements are incorrect.

« Previous 123 4 Next »