Ans: B

Exp:

• Statement 1 is incorrect: As per Article 74, The President has to exercise his powers and functions with the aid and advice of the Council of Ministers (not the Cabinet) headed by the Prime Minister. 
  • There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who ‘shall’, in the exercise of his functions, act in accordance with such advice.
• Statement 2 is correct: The Constitution of India provides for a Parliamentary form of government. Consequently, the President is the nominal executive; the real executive being the Council of Ministers headed by the Prime Minister. 
• Reference: Chapter 18, President, Laxmikanth

Ans: B

Exp:

 Article 53 of the Constitution of India provides for the election of the President of India.

• The President is elected not directly by the people but by members of Electoral College consisting of:
  • Elected  members of both the Houses of Parliament
  • Elected  members of the legislative assemblies of the states and
  • Elected  members of the legislative assemblies of the Union Territories of Delhi Puducherry and Jammu and Kashmir
• Thus, the nominated members of both of 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) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President. When an assembly is dissolved, the members cease to be qualified to vote in the presidential election.

Reference: Chapter 18, President, Laxmikanth

Ans: A

Exp: 

Option (a) is incorrect: According to the Indian Constitution, the President can grant pardon, remit, reprieve, respite, or commute in all cases where the punishment or sentence is for an offence against a Union law or State law.

Option (b) is correct: According to Article 72 of the Indian Constitution, the President can grant pardon in all cases where the punishment or sentence is by a court martial.

Option (c) is correct: Respite denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. 

Option (d) is correct: Remission is the power of the President, which means the reduction of the period of punishment without changing its character. It is granted to a prisoner as a reward for good behavior or work done during the period of imprisonment. The convict remains guilty, and the sentence remains intact.

Reference: Chapter 18, President, Laxmikanth

Ans: B

Exp: 

• Statement 1 is correct: The President can promulgate an Ordinance under Article 123 when both Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session. A law can be passed by both the Houses and not by one House alone.
• Statement 2 is incorrect: The President can make an Ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action. The 38th Constitutional Amendment Act of 1975 made the President’s satisfaction final and conclusive and beyond judicial review. But, this provision was deleted by the 44th Constitutional Amendment Act of 1978. Thus, the President’s satisfaction is justiciable on the ground of malafide intent in decision making.
• Statement 3 is incorrect: If an ordinance is allowed to lapse without being placed before Parliament, then the acts done and completed under it before it ceases to operate remain fully valid and effective. However, the President’s power of Ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the Council of Ministers headed by the Prime Minister. 
• Reference: Chapter 18, President, Laxmikanth

Ans: C

Exp: 

Option (c) is correct:  In the scheme of the parliamentary system of government provided by the Indian Constitution, the President is the nominal executive authority (de jure executive), and the Prime Minister is the real executive authority (de facto executive). In other words, the President is the head of the State, while the Prime Minister is the head of the government. Also, the President is the Constitutional head instead of a figurehead, and the Prime Minister is the Chairperson of the Cabinet, the Council of Ministers, and important Cabinet Committees. The resignation or death of an incumbent Prime Minister automatically dissolves the Council of Ministers and thereby generates a vacuum. In case of a President, vacancy by resignation, removal, death or otherwise, the Vice-President acts as the President until a new President is elected. The President is elected (not nominated) not directly by the people but by members of the Electoral College consisting of:

• Elected  members of both Houses of Parliament
• Elected  members of the legislative assemblies of the states and
• Elected members of the legislative assemblies of the Union Territories of Delhi, Puducherry, and Jammu and Kashmir.

Reference: Chapter 18, President, Laxmikanth