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Question 1 of 5
1. Question
2 points
With reference to the Constitutional position of the President of India, consider the following statements:
The President has to exercise his powers and functions with the aid and advice of the Cabinet headed by the Prime Minister.
The President is the nominal executive in the Indian Parliamentary system.
Which of the above statements is/are correct?
Correct
Ans: B
Exp:
Statement 1 is incorrect: The President has to exercise his powers and functions with the aid and advice of the Council of ministers (not cabinet) headed by the Prime Minister (Article 74).
Statement 2 is correct: The Constitution of India has provided 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.
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 (Article 74).
Incorrect
Ans: B
Exp:
Statement 1 is incorrect: The President has to exercise his powers and functions with the aid and advice of the Council of ministers (not cabinet) headed by the Prime Minister (Article 74).
Statement 2 is correct: The Constitution of India has provided 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.
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 (Article 74).
Question 2 of 5
2. Question
2 points
Who among the following are the members of the electoral college for Presidential elections in India?
Elected members of both the Houses of Parliament
All the members of the legislative assemblies of the states
Elected members of the Union territories having legislative assemblies
Vice-President
Governors of all States
Select the correct answer using the code given below:
Correct
Ans: B
Exp:
The Constitution of India provided for the election of the President under Article 53.
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, even if fresh elections to the dissolved assembly are not held before the presidential election.
Incorrect
Ans: B
Exp:
The Constitution of India provided for the election of the President under Article 53.
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, even if fresh elections to the dissolved assembly are not held before the presidential election.
Question 3 of 5
3. Question
2 points
Consider the following statements about Judicial powers of the President of India:
He/She can grant pardon in all cases where the punishment or sentence is for an offense against Union or State law.
He/She can grant pardon in all cases where the punishment or sentence is by a court martial.
The power of Respite implies awarding a lesser sentence in place of one originally awarded due to some special facts.
The power of Remission implies reducing the period of sentence without changing its character.
Which of the statements given above are correct?
Correct
Ans: B
Exp:
Statement 1 is incorrect:According to Article 72 of the Indian Constitution, the President can grant pardon, remit, reprieve, respite or commute in all cases where the punishment or sentence is for an offense against a Union law or the offense made under the Concurrent List. Such power does not extend to punishment or sentence for an offense against a State law.
Statement 2 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.
Statement 3 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.
Statement 4 is correct:Remission is a 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.
Incorrect
Ans: B
Exp:
Statement 1 is incorrect:According to Article 72 of the Indian Constitution, the President can grant pardon, remit, reprieve, respite or commute in all cases where the punishment or sentence is for an offense against a Union law or the offense made under the Concurrent List. Such power does not extend to punishment or sentence for an offense against a State law.
Statement 2 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.
Statement 3 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.
Statement 4 is correct:Remission is a 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.
Question 4 of 5
4. Question
2 points
With reference to Article 123 of the Indian Constitution, which pertains to the President’s Ordinance power, consider the following statements:
An Ordinance can be issued by the President when both the Houses of Parliament are not in session or only one House is in session.
The President’s satisfaction to promulgate an ordinance is non-justiciable in the court.
The actions carried out in accordance with an ordinance prior to its expiration become null and void and are rendered ineffective if it is not brought before Parliament.
How many of the above statements is/are incorrect?
Correct
Ans: B
Exp:
Statement 1 is correct: The President can promulgate an Ordinance (Article 123) when both the 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.
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.
Incorrect
Ans: B
Exp:
Statement 1 is correct: The President can promulgate an Ordinance (Article 123) when both the 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.
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.
Question 5 of 5
5. Question
2 points
Consider the following statements:
Vice-President is a member of Rajya Sabha and acts as ex-officio chairperson of Rajya Sabha.
The original Constitution provided that the Vice- President would be elected by the two Houses of Parliament assembled at a joint meeting.
The nomination of a candidate for election to the office of Vice-President must be subscribed by at least 50 electors as proposers and 50 electors as seconders.
How many of the above statements is/are incorrect?
Correct
Ans: B
Exp:
Statement 1 is incorrect: The Constitution of India lays down that the Vice-President should not be a member of either the House of Parliament or a House of the state legislature. If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
But he acts as the ex-officio Chairman of Rajya Sabha.
Statement 2 is correct:The original Constitution provided that the Vice- President would be elected by the two Houses of Parliament assembled at a joint meeting. This cumbersome procedure was done away by the 11th Constitutional Amendment Act of 1961.
Statement 3 is incorrect:The nomination of a candidate for election to the office of Vice-President must be subscribed by at least 20 electors (Members of Parliament) as proposers and 20 electors as seconders (50 proposers and seconders in case of President).
Incorrect
Ans: B
Exp:
Statement 1 is incorrect: The Constitution of India lays down that the Vice-President should not be a member of either the House of Parliament or a House of the state legislature. If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
But he acts as the ex-officio Chairman of Rajya Sabha.
Statement 2 is correct:The original Constitution provided that the Vice- President would be elected by the two Houses of Parliament assembled at a joint meeting. This cumbersome procedure was done away by the 11th Constitutional Amendment Act of 1961.
Statement 3 is incorrect:The nomination of a candidate for election to the office of Vice-President must be subscribed by at least 20 electors (Members of Parliament) as proposers and 20 electors as seconders (50 proposers and seconders in case of President).
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
Quick Revise Now ! UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
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