The President and The Vice-President: ICSE Class 10 Civics

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Get notes, summary, questions and answers, MCQs, extras, and PDFs of Chapter 2 “The President and The Vice-President” which is part of ICSE Class 10 Civics (Morning Star). However, the notes should only be treated as references and changes should be made according to the needs of the students.

Summary

The chapter discusses the roles, powers, and functions of the President and Vice-President of India. The President is the head of the state and the supreme commander of the armed forces. He or she is elected indirectly by an Electoral College consisting of the elected members of both houses of Parliament and the legislative assemblies of the states and union territories. The President’s powers are exercised on the advice of the Prime Minister and the Council of Ministers, although there are some discretionary powers.

The President has various powers, including executive, legislative, financial, judicial, and emergency powers. The executive powers include making key appointments, such as the Prime Minister, judges, and governors. The legislative powers involve summoning and proroguing Parliament, addressing its sessions, and giving assent to bills. The President can also issue ordinances when Parliament is not in session. Financially, the President is responsible for presenting the annual budget and authorizing the withdrawal of funds. Judicially, the President can grant pardons and commute sentences. The emergency powers allow the President to declare a national, state, or financial emergency under specific circumstances.

The Vice-President of India is elected by the members of both houses of Parliament. He or she acts as the ex-officio Chairman of the Rajya Sabha and assumes the duties of the President in case of the President’s death, resignation, or inability to perform duties. The Vice-President’s term is five years, and he or she can be removed by a resolution of the Rajya Sabha, agreed upon by the Lok Sabha. The Vice-President does not receive a salary for being Vice-President but is compensated as the Chairman of the Rajya Sabha.

Textbook (Total History) solutions

Multiple-Choice Questions

1. Who is the head of the state of the Indian Union?

A. The Prime Minister
B. The President
C. The Chief Justice
D. The Speaker

Answer: B. The President

2. Who is the Supreme commander of the Defence Forces of India?

A. The President
B. The Defence Minister
C. The Prime Minister
D. The Commanding Minister

Answer: A. The President

3. Which of the following statements about the President of India are correct?

P: The President is the supreme commander of the Defence Forces.
Q: The President exercises all his powers according to his own discretion.
R: The President exercises his powers on the advice of the Prime Minister.
S: The executive power of the Indian Union is vested in the Parliament.

A. P and Q
B. P and R
C. P and S
D. S and R

Answer: B. P and R

4. Identify the qualifications necessary for a person to be eligible for election as President of India.

P: He has completed the age of twenty-five years.
Q: He is qualified for election as a member of the Lok Sabha.
R: He is a citizen of India.
S: He is a member of a Political Party.

A. Q and R
B. P and R
C. S and R
D. P and Q

Answer: A. Q and R

5. Identify the officials who form the electoral college for the election of President of India.

P: The elected members of both Houses of Parliament.
Q: The elected members of the Legislative Assemblies of the States.
R: Nominated members of Parliament.
S: Nominated members of Legislative Assemblies.

A. P and Q
B. P and S
C. Q and R
D. R and S

Answer: A. P and Q

6. What is the minimum age to be elected as the President of India?

A. Thirty years
B. Thirty-two years
C. Thirty-five years
D. Forty years

Answer: C. Thirty-five years

7. Name the President of India.

A. Ram Nath Kovind
B. Narendra Modi
C. Droupadi Murmu
D. Yashwant Sinha

Answer: C. Droupadi Murmu

8. Which of the following statements about the President of India are correct?

P: The President of India holds office for a term of six years.
Q: The President of India may submit his resignation to the Vice-President of India.
R: The President of India can be removed from office for the violation of the Constitution.
S: The President of India has the power of selecting the Council of Ministers.

A. P and S
B. Q and S
C. Q and R
D. Q and P

Answer: C. Q and R

9. Identify the Legislative Powers of the President of India.

P: The President summons and prorogues the Houses of Parliament.
Q: The President can dissolve the Lok Sabha and order fresh elections.
R: The President can nominate two members from the Anglo-Indian Community to the Lok Sabha.
S: The President appoints the Governors of the States.

A. P and R
B. R and S
C. Q and S
D. P and Q

Answer: D. P and Q

10. Identify the Emergency Powers of the President of India.

P: The President can proclaim National Emergency if there is a natural calamity.
Q: The President can proclaim National Emergency if an epidemic breaks out.
R: The President can proclaim National Emergency if there is a danger of foreign aggression, civil war, insurgency or any other cause.
S: The President can proclaim Financial Emergency if there is a setback to the financial stability of the country.

A. P and S
B. R and S
C. R and Q
D. P and R

Answer: B. R and S

11. The power to summon Parliament is subject to the condition that there should not be a gap of more than ____ months between two sessions of each house.

A. Four
B. Six
C. Three
D. Nine

Answer: B. Six

12. For how long can President’s rule be imposed in a state?

A. 1 month
B. 2 months
C. 6 months
D. 3 months

Answer: C. 6 months

13. Which article stipulates that there shall be a Vice President of India?

A. Article 12
B. Article 62
C. Article 63
D. Article 65

Answer: C. Article 63

14. Who administers the oath of office to the President of India?

A. Comptroller and Auditor General of India
B. Prime Minister of India
C. Chief Justice of India
D. Judge of the Supreme Court

Answer: C. Chief Justice of India

15. Identify the officials who form the electoral college for the election of the Vice-President of India.

P: Members of Lok Sabha.
Q: Members of Legislative Assemblies of States.
R: Members of Legislative Councils of States.
S: Members of Rajya Sabha.

A. P and S
B. P and Q
C. R and S
D. Q and S

Answer: A. P and S

16. Which of the following statements about the Vice-President of India are correct?

P: He is the ex-officio Chairman of the Lok Sabha.
Q: He holds office for a term of five years.
R: He can be removed as the Vice-President by the process of impeachment.
S: He gets a salary as the Vice-President of India.

A. P and Q
B. Q and S
C. R and S
D. Q and R

Answer: D. Q and R

Short Answer Questions

1. Name the body as well as the process involved in the election of the President.

Answer: The President is elected indirectly by the members of an Electoral College consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States including National Capital Territory of Delhi and the Union Territory of Puducherry. The election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election is by secret ballot.

2. Why is the President elected by indirect elections?

Answer: The President is elected by indirect elections because if the President were to be elected directly by the people, he could become a rival centre of power to the Council of Ministers. This would be against the parliamentary system with ministerial responsibility. Additionally, election of the President merely by a majority of members of the Union Parliament could make him a nominee of the ruling party like the Prime Minister. Such a President could not represent the constituent States of the Union. An Electoral College makes the President the elected representative of the whole nation with a clear voice given to the States as well.

3. How can the President vacate his/her office? On what grounds can the President of India be removed from office?

Answer: The President may vacate his/her office by submitting a resignation letter to the Vice-President. The President can be removed from office for the violation of the Constitution by the process of impeachment.

4. Mention the occasion when the President addresses both the Houses of Parliament assembled together.

Answer: The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year.

5. How is the Vice-President elected?

Answer: The Vice-President is elected by an Electoral College consisting of the members of both Houses of Parliament. The election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election is by secret ballot.

6. How long can the Vice-President continue to hold office even after the expiry of his/her term? How can the Vice-President be removed from office?

Answer: The Vice-President shall continue to hold office, notwithstanding the expiry of his/her term, until his/her successor enters upon his/her office. The Vice-President can be removed from office by a resolution of the Rajya Sabha passed by a majority of its members and agreed upon by the Lok Sabha.

7. State the power of Vice-President as the ex-officio Chairman of the Rajya Sabha.

Answer: The Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha. In this capacity, he/she regulates debates and proceedings of the House and decides the order of speeches. He/She decides the admissibility of a resolution or of questions. He/She may suspend or adjourn the business of the House in case of grave disorder. He/She issues directions to the chairmen of various committees in all matters relating to their working.

Structured Questions

1. The President of India enjoys vast powers. In this context, briefly explain:

(a) Any three of his/her Executive Powers.

Answer:

• Head of the Union Administration: All executive orders are issued in the name of the President. All the Union officials are his subordinates.
• Appointment of officials of the State: The President makes appointments to key posts to run the government’s administration. He/She appoints:(a) The Prime Minister, and the Council of Ministers on the Prime Minister’s advice. He/She summons the leader of the majority group in the Parliament and asks him/her to form the Government.(b) The Chief Justice and the Judges of the Supreme Court and the High Courts.(c) The Governors of the States.
• Control over State Governments: The Union Government may give necessary directions to a State. During President’s rule the control of the Union Government over States is complete.

(b) Any three of his/her Legislative Powers.

Answer:

• Addresses Sessions of Parliament: The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year. In this address he/she lays emphasis on the internal and external policies of the Government. The President has the power to address either House of Parliament or their joint sitting at any time.
• Summon and Prorogue the Houses: The President has the power to summon and prorogue the Houses of Parliament. The power to summon Parliament is subject to the condition that there should not be a gap of more than six months between two sessions of each House.
• Dissolve the Lok Sabha: He/She can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.

(c) Any two of his/her Judicial Powers.

Answer:

• The President is not answerable before any Court of law for the exercise of the powers and duties of his/her office.
• 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 for an offence:(a) in all cases where the punishment or sentence is by a Court Martial;(b) in all cases where the punishment or sentence is for an offence against any law relating to Union and Concurrent Lists;(c) in all cases where there is a death sentence.

2. According to Dr. Ambedkar, “The President represents the nation but does not rule the nation.” In this context answer the following questions:

(a) The President of India is referred to as a nominal head of the State. State two examples of his legislative powers that suggest his nominal status.

Answer:

• The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year.
• The President has the power to summon and prorogue the Houses of Parliament. The power to summon Parliament is subject to the condition that there should not be a gap of more than six months between two sessions of each House.

(b) Mention the circumstances when the President can declare a national emergency.

Answer: The President can proclaim a National Emergency when there is a danger of foreign aggression or danger to the peace and security of the country because of a civil war, insurgency or any other such cause.

(c) Explain two discretionary Powers of the President.

Answer:

• Appointment of the Prime Minister in a situation where no single party commands the clear support of the majority of the Lok Sabha members and there is a hung Parliament.
• The President can dismiss Ministers in case the Council of Ministers loses the confidence of the House but refuses to resign.

3. The President may declare an emergency in a State, if he/she is convinced of the breakdown of constitutional machinery in the State. In this context, answer the following questions:

(a) When can such an emergency be proclaimed? Why is such an emergency often referred to as President’s Rule?

Answer: Such an emergency can be proclaimed if the President, on receipt of a report from the Governor or otherwise, is satisfied that the governance of a State cannot be carried on in accordance with the provisions of the Constitution. This is called President’s rule because the President may assume to himself all or any of the functions of the Government of the State.

(b) What is the duration of such an emergency? State two conditions under which such an emergency can be extended beyond one year.

Answer: The duration of such an emergency is two months. If it were to continue beyond two months, it should be ratified by the Parliament. It can, however, be extended beyond one year under two conditions:

• When a Proclamation of Emergency is in operation in the whole of India or in any part of the State.
• The Election Commission certifies that holding elections to the Legislative Assembly of the State is difficult.

(c) State the effect of the emergency on the administration of the State.

Answer:

• The State administration is directly placed under the President (i.e. the Union Government). The Governor of the concerned State acts in accordance with the instructions that are issued by the Union Government from time to time.
• The President may:(i) dissolve the Vidhan Sabha of the State and dismiss the Council of Ministers; or(ii) keep the Assembly and the Council of Ministers in suspended animation.

In both cases, the Union Parliament can pass laws, even on all the Subjects of the State List, for that particular State. Even the Annual Budget of that State is presented to and passed by the Parliament.

4. According to Article 63 of our Constitution “There shall be a Vice-President of India”. In this context, state

(a) the manner of his/her election;

Answer: An Electoral College consisting of the members of both Houses of Parliament elects the Vice-President. The election is held in accordance with the system of proportional representation by means of the single transferable vote. The voting at such an election is by secret ballot. Each nomination paper should be proposed by at least twenty electors (MPs) and another twenty electors should second the same.

(b) any three qualifications for election;

Answer:

• A person shall be eligible for election as Vice-President, if he/she:(a) is a citizen of India;(b) has completed the age of thirty-five years; and(c) is qualified for election as a member of the Council of States.
• A person shall not be eligible for election as Vice-President if he/she holds any office of profit under the Government of India or Government of any State or under any local or other authority subject to the control of any of the said Governments.

(c) two of his/her important powers.

Answer:

• Chairman of the Rajya Sabha: The Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha. In this capacity he/she regulates debates and proceedings of the House and decides the order of speeches. He/She decides the admissibility of a resolution or of questions. He/She may suspend or adjourn the business of the House in case of grave disorder. He/She issues directions to the chairmen of various committees in all matters relating to their working.
• Taking over as the President: The Vice-President takes over the office of the President under the following situations:(a) death of the President,(b) resignation of the President,(c) removal of the President, or(d) when the President is unable to discharge his/her functions owing to absence, illness or any other cause.

Picture Study

(a) Identify the building in the picture and state where it is located. Whose official residence is it?

Answer: The building in the picture is Rashtrapati Bhavan. It is located in New Delhi. It is the official residence of the President of India.

(b) State the qualifications necessary to become the President of India.

Answer:

• A person shall be eligible for election as President if he/she: (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Lok Sabha.
• A person shall not be eligible for election as President if he holds any office of profit under the Government of India or Government of any State or under any local or other authority subject to the control of any of the said Governments. However, a person is not deemed to hold an office of profit by reason only that he is President or Vice-President or a Minister either for the Union or for any State.

(c) Why is it said that the President of India is only a nominal head?

Answer: The President of India is referred to as a nominal head because he/she exercises his/her powers on the advice of the Prime Minister and the Council of Ministers. The President is bound to act according to their advice and cannot exercise any independent power.

Thinking Skills

1. Suppose you have a penfriend who lives in Los Angeles in the USA. He/She wants to know the difference in powers of the Presidents of India and the USA. Tell him/her the differences and also who has more powers.

Answer: The President of the USA is both the Head of the State and the Head of the Government, whereas the President of India is only the Head of the State. The President of the USA has real powers and exercises them directly. He is the Chief Executive and Commander-in-Chief of the Armed Forces. The President of India, on the other hand, exercises his powers only on the advice of the Prime Minister and the Council of Ministers. Thus, the President of the USA has more powers compared to the President of India.

2. Suppose riots break out in your State and there is a breakdown of law and order. What will the Governor of your State do and what will be its consequences?

Answer: If riots break out in my State and there is a breakdown of law and order, the Governor will send a report to the President about the situation. If the President is satisfied that the governance of the State cannot be carried on in accordance with the provisions of the Constitution, he/she may declare a state of emergency in the State. The consequence of this is that the President may assume all the functions of the State Government, and the State will be under President’s Rule. The Legislative Assembly of the State may be dissolved or kept in suspended animation, and the Union Parliament can make laws for the State.

Extra/additional MCQs

1. Who exercises the executive power of the Indian Union?

A. The Prime Minister
B. The Council of Ministers
C. The President
D. The Vice-President

Answer: C. The President

Q. Who advises the President of India in exercising his powers?

A. The Vice-President
B. The Chief Justice of India
C. The Council of Ministers
D. The Speaker of the Lok Sabha

Answer: C. The Council of Ministers

Q. According to which amendment is it necessary for the President to act according to the advice of the Council of Ministers?

A. 24th Amendment
B. 39th Amendment
C. 42nd Amendment
D. 44th Amendment

Answer: C. 42nd Amendment

Q. What is the minimum age required for a person to be eligible for election as the President of India?

A. 25 years
B. 30 years
C. 35 years
D. 40 years

Answer: C. 35 years

Q. Which of the following individuals is not eligible to contest in the Presidential election?

A. A member of the Lok Sabha
B. A sitting judge of the Supreme Court
C. A person holding an office of profit under the Government
D. A former President

Answer: C. A person holding an office of profit under the Government

Q. Who constitutes the Electoral College for the election of the President of India?

A. Members of Lok Sabha and Rajya Sabha
B. Members of State Legislative Assemblies and Legislative Councils
C. Elected members of Parliament and elected members of State Legislative Assemblies
D. Nominated members of Parliament

Answer: C. Elected members of Parliament and elected members of State Legislative Assemblies

Q. How many proposers are required to propose a presidential candidate as per the 1997 amendment?

A. 10
B. 20
C. 50
D. 100

Answer: C. 50

Q. What is the system used for voting in the Presidential election in India?

A. First-past-the-post
B. Proportional representation by single transferable vote
C. Two-round system
D. Preferential voting system

Answer: B. Proportional representation by single transferable vote

Q. What is the security deposit required for a candidate in the Presidential election after the 1997 amendment?

A. ₹2,500
B. ₹5,000
C. ₹10,000
D. ₹15,000

Answer: D. ₹15,000

Q. Who administers the oath of office to the President of India?

A. The Prime Minister
B. The Vice-President
C. The Chief Justice of India
D. The Speaker of the Lok Sabha

Answer: C. The Chief Justice of India

Q. Who decides any dispute related to the election of the President of India?

A. The Election Commission of India
B. The Supreme Court of India
C. The Parliament of India
D. The President himself

Answer: B. The Supreme Court of India

Q. What is the main reason for having an indirect election for the President of India?

A. To reduce the cost of elections
B. To prevent the President from becoming a rival centre of power
C. To increase voter participation
D. To avoid electoral malpractices

Answer: B. To prevent the President from becoming a rival centre of power

Q. Who are excluded from the Electoral College for the election of the President of India?

A. Nominated members of Rajya Sabha and Lok Sabha
B. Nominated members of Rajya Sabha and State Legislative Assemblies
C. Members of State Legislative Councils
D. Nominated members of Lok Sabha and State Legislative Councils

Answer: B. Nominated members of Rajya Sabha and State Legislative Assemblies

Q. What is the term length for the President of India from the date of assuming office?

A. Three years
B. Four years
C. Five years
D. Six years

Answer: C. Five years

Q. Who does the President of India submit their resignation to?

A. The Prime Minister
B. The Speaker of the Lok Sabha
C. The Vice-President
D. The Chief Justice of India

Answer: C. The Vice-President

Q. Who appoints the Prime Minister of India?

A. The Chief Justice of India
B. The Speaker of the Lok Sabha
C. The President
D. The Vice-President

Answer: C. The President

Q. What power allows the President to issue ordinances when Parliament is not in session?

A. Diplomatic power
B. Legislative power
C. Executive power
D. Judicial power

Answer: B. Legislative power

Q. What action can the President take if a Bill passed by both Houses of Parliament is sent for approval?

A. Sign the Bill
B. Withhold the Bill
C. Send it back for reconsideration
D. All of the above

Answer: D. All of the above

Q. Who is the Supreme Commander of the Armed Forces in India?

A. The Prime Minister
B. The Defence Minister
C. The Chief of Defence Staff
D. The President

Answer: D. The President

Q. Which body investigates the charges against the President during the impeachment process?

A. The Supreme Court
B. The House of Parliament that did not level the charges
C. The Vice-President
D. The Lok Sabha

Answer: B. The House of Parliament that did not level the charges

Q. Who has the authority to declare war and peace in India?

A. The Prime Minister
B. The Defence Minister
C. The President
D. The Parliament

Answer: C. The President

Q. How long can an ordinance issued by the President remain in effect if not approved by Parliament?

A. Two weeks
B. Four weeks
C. Six weeks
D. Eight weeks

Answer: C. Six weeks

Q. Who appoints the Chief Justice and other judges of the Supreme Court in India?

A. The Prime Minister
B. The Chief Justice
C. The President
D. The Law Minister

Answer: C. The President

Q. How many members can the President nominate to the Rajya Sabha?

A. 10
B. 12
C. 14
D. 15

Answer: B. 12

Q. Who has the authority to dissolve the Lok Sabha?

A. The Prime Minister
B. The Speaker of the Lok Sabha
C. The President
D. The Vice-President

Answer: C. The President

Q. Under which Article can the President of India promulgate ordinances?

A. Article 111
B. Article 121
C. Article 123
D. Article 131

Answer: C. Article 123

Q. What must the President do before introducing a Bill for the formation of new States or altering existing State areas?

A. Obtain approval from the Prime Minister
B. Consult the Chief Ministers
C. Obtain a recommendation from the Parliament
D. Provide a recommendation

Answer: D. Provide a recommendation

Q. Who receives the resignation letter of the President of India?

A. The Prime Minister
B. The Vice-President
C. The Speaker of the Lok Sabha
D. The Chief Justice of India

Answer: B. The Vice-President

Q. Under which Article of the Indian Constitution can the President declare a National Emergency?

A. Article 352
B. Article 356
C. Article 360
D. Article 368

Answer: A. Article 352

Q. What is the maximum duration for which a National Emergency can be extended without further approval from Parliament?

A. Three months
B. Six months
C. Nine months
D. Twelve months

Answer: B. Six months

Q. In what situation can the President of India dismiss ministers according to discretionary powers?

A. When the Prime Minister advises
B. When the Council of Ministers loses the confidence of the House but refuses to resign
C. During a Financial Emergency
D. After the dissolution of the Lok Sabha

Answer: B. When the Council of Ministers loses the confidence of the House but refuses to resign

Q. What was the reason for declaring the first National Emergency in India?

A. Pakistan’s attack on India
B. Indian economic crisis
C. Chinese aggression on the North-East border
D. Internal political instability

Answer: C. Chinese aggression on the North-East border

Q. Which Article of the Constitution deals with the proclamation of Financial Emergency?

A. Article 352
B. Article 356
C. Article 360
D. Article 370

Answer: C. Article 360

Q. Who has the power to authorize the expenditure out of the Consolidated Fund of a State during a President’s Rule when the Lok Sabha is not in session?

A. The Prime Minister
B. The Finance Minister
C. The President
D. The Chief Justice of India

Answer: C. The President

Q. In the event of the death or removal of the President of India, who takes over as the acting President?

A. The Chief Justice of India
B. The Prime Minister
C. The Speaker of the Lok Sabha
D. The Vice-President

Answer: D. The Vice-President

Q. How long can President’s Rule continue in a state without further extension beyond the initial period?

A. Two months
B. Six months
C. One year
D. Two years

Answer: C. One year

Q. Who can recommend the imposition of President’s Rule in a state?

A. The Prime Minister
B. The Governor of the state
C. The Chief Justice of India
D. The Union Cabinet

Answer: B. The Governor of the state

Q. Which Article of the Indian Constitution allows for the imposition of President’s Rule in a state due to the breakdown of constitutional machinery?

A. Article 352
B. Article 356
C. Article 360
D. Article 370

Answer: B. Article 356

Q. What was the reason for the imposition of President’s Rule in Uttar Pradesh in February 2014?

A. Internal political violence
B. Resignation of the Chief Minister
C. Breakdown of law and order
D. Natural disaster

Answer: B. Resignation of the Chief Minister

Q. During a National Emergency, which Fundamental Rights cannot be suspended?

A. Right to Equality (Article 14)
B. Right to Freedom of Speech (Article 19)
C. Protection in respect of conviction for offenses (Article 20)
D. Right to Constitutional Remedies (Article 32)

Answer: C. Protection in respect of conviction for offenses (Article 20)

Q. What is the minimum age required for a person to be eligible for election as Vice-President of India?

A. 30 years
B. 35 years
C. 40 years
D. 45 years

Answer: B. 35 years

Q. Which body is responsible for electing the Vice-President of India?

A. Lok Sabha
B. Rajya Sabha
C. Electoral College consisting of members of both Houses of Parliament
D. State Legislative Assemblies

Answer: C. Electoral College consisting of members of both Houses of Parliament

Q. How is the Vice-President of India removed from office?

A. By impeachment in the Supreme Court
B. By a resolution passed by the Rajya Sabha and agreed upon by the Lok Sabha
C. By a majority vote in both Houses of Parliament
D. By a referendum

Answer: B. By a resolution passed by the Rajya Sabha and agreed upon by the Lok Sabha

44. How long can the term of the Lok Sabha be extended during a National Emergency?

A. Six months
B. One year at a time
C. Two years
D. Indefinitely

Answer: B. One year at a time

Extra/additional questions and answers

1. Who is the supreme commander of the Defence Forces of India?

Answer: The President.

Q. On whose advice does the President exercise his powers?

Answer: The Prime Minister and the Council of Ministers.

Q. What is the minimum age required for election as President of India?

Answer: Thirty-five years.

Q. Who can appoint the Prime Minister of India?

Answer: The President.

Q. What is the term of office for the President of India?

Answer: Five years.

Q. Who administers the oath of office to the President of India?

Answer: The Chief Justice of India.

Q. Who elects the President of India?

Answer: An Electoral College.

Q. What kind of representation is used in the Presidential election system?

Answer: Proportional representation by means of a single transferable vote.

Q. What happens if a Bill is passed again in the same form after being returned by the President?

Answer: The President must give his/her assent.

Q. Under which Article can the President promulgate an Ordinance?

Answer: Article 123.

Q. Who can nominate 12 members to the Rajya Sabha?

Answer: The President.

Q. What happens if an Ordinance is not approved by Parliament within six weeks of reassembly?

Answer: It lapses.

Q. Who can dissolve the Lok Sabha?

Answer: The President.

Q. What is the maximum time allowed between two sessions of Parliament?

Answer: Six months.

Q. Who introduces Money Bills in Parliament?

Answer: The Finance Minister introduces Money Bills on behalf of the President.

Q. What is the role of the Finance Commission?

Answer: The Finance Commission makes recommendations to the President on financial matters.

Q. Who appoints the Chiefs of the Armed Forces?

Answer: The President appoints the Chiefs of the Armed Forces.

Q. Who has the power to declare war in India?

Answer: The President has the power to declare war.

Q. Can a criminal suit be initiated against the President during their tenure?

Answer: No criminal suit can be initiated against the President during their tenure.

Q. Who can grant pardons and reprieves in India?

Answer: The President has the power to grant pardons and reprieves.

Q. What happens if a vote of no-confidence is passed against the ruling party?

Answer: The President may dissolve the Lok Sabha or ask another party to prove its majority.

Q. What article allows the President to declare a National Emergency?

Answer: Article 352 allows the President to declare a National Emergency.

Q. What happens to Fundamental Rights during a General Emergency?

Answer: Fundamental Rights may be partially or wholly suspended.

Q. How long can President’s Rule normally continue?

Answer: President’s Rule can normally continue for one year.

Q. Who appoints a Finance Commission every five years?

Answer: The President appoints a Finance Commission every five years.

Q. How long is the term of office for the Vice-President of India?

Answer: The term of office for the Vice-President is five years.

Q. Who acts as the ex-officio Chairman of the Rajya Sabha?

Answer: The Vice-President acts as the ex-officio Chairman of the Rajya Sabha.

Q. Who administers the oath of office to the Vice-President?

Answer: The President administers the oath of office to the Vice-President.

Q. What are the qualifications required for a person to be eligible for election as the President of India?

Answer: A person must be a citizen of India, have completed the age of thirty-five years, and be qualified for election as a member of the Lok Sabha. Additionally, the person should not hold any office of profit under the Government of India, a State government, or any local authority.

Q. Why is the President of India elected indirectly?

Answer: The President of India is elected indirectly to prevent the creation of a rival center of power to the Council of Ministers, which would be against the parliamentary system with ministerial responsibility. This method also ensures that the President represents the entire nation, including the States, rather than becoming a nominee of the ruling party.

Q. What is the procedure for the impeachment of the President of India?

Answer: The impeachment of the President can be initiated in either House of Parliament by a resolution signed by not less than one-fourth of the members of that House. The resolution must be passed by a two-thirds majority of the total membership. The other House then investigates the charge, and if it also passes the resolution by a similar majority, the President is removed from office.

Q. What powers does the President of India have regarding the summoning and proroguing of Parliament?

Answer: The President has the power to summon and prorogue the Houses of Parliament. There must not be a gap of more than six months between two sessions of each House. The President also has the authority to dissolve the Lok Sabha and order fresh elections.

Q. What is the significance of the President’s assent to Bills passed by Parliament?

Answer: No Bill can become law without the President’s assent. The President may give assent, withhold it, or return the Bill for reconsideration. However, if the Bill is passed again in the same form, the President must give assent, making it mandatory for the Bill to become law.

Q. What are the President’s powers regarding Money Bills?

Answer: Money Bills can only be introduced in Parliament on the recommendation of the President. Additionally, after a Money Bill is passed by the Lok Sabha, it must be submitted to the President for consideration. This ensures that the executive branch, represented by the President, has control over key financial matters.

Q. What happens during a General Emergency regarding Centre-State relationships?

Answer: During a General Emergency, the country’s federal structure is temporarily altered. The States are required to follow the directives of the Central Government, leading to a scenario where the Union Parliament assumes powers to direct State matters. This results in the States functioning under the complete control of the Union Executive, operating more like a unitary system with local subdivisions.

Q. Under what conditions can President’s Rule be extended beyond one year?

Answer: President’s Rule can be extended beyond one year under two specific conditions: first, if a Proclamation of Emergency is in operation in the whole of India or any part of the State, and second, if the Election Commission certifies that holding elections to the State Legislative Assembly is difficult. However, even with these conditions met, the extension cannot exceed three years.

Q. What are the effects of a Financial Emergency on the financial functioning of the country?

Answer: During a Financial Emergency, the President can take several measures to address the financial crisis. This includes appointing a Finance Commission to recommend solutions, reducing the salaries and allowances of government officials, including judges of the Supreme Court and High Courts, and issuing instructions to the States regarding the use of funds. Additionally, all Money Bills passed by the Lok Sabha must be submitted to the President for consideration, centralizing financial control.

Q. What are the discretionary powers of the President of India?

Answer: The President of India has discretionary powers in several situations: appointing a Prime Minister when no party has a clear majority in the Lok Sabha, appointing a Prime Minister after the sudden death of the incumbent, deciding whether to dissolve the Lok Sabha or ask another party to prove its majority when the ruling party loses support, and dismissing Ministers if the Council of Ministers loses the confidence of the House but refuses to resign.

Q. What are the primary responsibilities of the Vice-President of India?

Answer: The Vice-President of India has two main responsibilities: acting as the ex-officio Chairman of the Rajya Sabha and taking over the office of the President in certain situations, such as the death, resignation, or removal of the President, or when the President is unable to discharge their duties due to absence, illness, or other reasons. In the event of the President’s death, resignation, or removal, the Vice-President acts as President until a new President is elected

Q. Describe the executive powers of the President of India.

Answer: The executive powers of the President include:

• Head of the Union Administration: All executive orders are issued in the name of the President, and all Union officials are his subordinates.
• Appointment of officials: The President appoints the Prime Minister and other key officials, including the Chief Justice and Judges of the Supreme Court and High Courts, Governors of States, and the Comptroller and Auditor General of India.
• Control over State Governments: The Union Government may give necessary directions to a State, and during President’s rule, the control over the States is complete.
• Administration of Union Territories: The President is responsible for the administration of Union Territories and border areas.

Q. Explain the process of election of the President of India using the single transferable vote system.

Answer: The President of India is elected by an Electoral College consisting of elected members of both Houses of Parliament and the Legislative Assemblies of States. The election uses the single transferable vote system, where each elector ranks candidates in order of preference. If a candidate secures an absolute majority of first preference votes, they are declared elected. If no candidate achieves this, the candidate with the fewest votes is eliminated, and their second preference votes are distributed to remaining candidates. This process continues until a candidate secures the required majority.

Q. What is the role of the President of India in the legislative process?

Answer: The President plays a key role in the legislative process. He/She addresses the first session of Parliament each year and after a General Election to the Lok Sabha, highlighting the government’s policies. The President can summon and prorogue Parliament and dissolve the Lok Sabha. No Bill can become law without the President’s assent. The President also has the power to promulgate Ordinances when Parliament is not in session, which have the force of law but must be approved by Parliament when it reconvenes. Additionally, the President nominates 12 members to the Rajya Sabha with special expertise in various fields.

Q. What are the conditions under which the President of India can promulgate an Ordinance?

Answer: The President can promulgate an Ordinance under Article 123 of the Constitution when both Houses of Parliament are not in session and immediate legislative action is necessary. The Ordinance has the same effect as an Act of Parliament but must be laid before both Houses when they reassemble. If Parliament does not approve the Ordinance within six weeks of reassembly, it lapses. An Ordinance also ceases to operate if it is replaced by an Act of Parliament. The President can withdraw the Ordinance at any time.

Q. What is the process for the formation of new states or alteration of existing state boundaries, and what role does the President play?

Answer: The process for the formation of new states or alteration of existing state boundaries begins with a Bill, which cannot be introduced in Parliament without the President’s recommendation. The President’s role is crucial, as the recommendation is necessary to initiate the process. This ensures that the central government, represented by the President, has a say in significant changes to the country’s federal structure. The Bill, once introduced, must pass through the standard legislative process in Parliament before becoming law.

Q. What are the President’s powers during a National Emergency, and how does it affect the functioning of the Indian government?

Answer: During a National Emergency, the President has the authority to take extraordinary measures to ensure the security and stability of the nation. These powers include suspending the exercise of Fundamental Rights, except for those under Articles 20 and 21, which protect against double jeopardy and ensure the right to life and personal liberty. The Centre-State relationship is significantly altered, with the States required to follow directives from the Central Government, effectively centralizing power. The Union Parliament gains the authority to legislate on State subjects, and the financial provisions of the Constitution may be suspended, affecting revenue distribution and salaries of MPs. The Lok Sabha’s term can be extended by one year at a time, and similar provisions apply to State Legislative Assemblies. A National Emergency can only be declared if the President is satisfied that there is a grave threat to the security of India, and it must be approved by both Houses of Parliament within one month and renewed every six months.

Q. What are the implications of President’s Rule in a State, and how is it implemented?

Answer: President’s Rule in a State is declared when the President is satisfied, either through a report from the Governor or otherwise, that the governance of a State cannot be carried out according to the provisions of the Constitution. During President’s Rule, the State administration is directly placed under the President, with the Governor acting on the instructions of the Union Government. The President may dissolve the State Legislative Assembly and dismiss the Council of Ministers, or keep them in suspended animation. During this period, the Union Parliament can legislate on all State List subjects, and the State’s Annual Budget is presented and passed by Parliament. If the Lok Sabha is not in session, the President may authorize expenditure from the Consolidated Fund of the State. The duration of President’s Rule is typically limited to two months unless ratified by Parliament, and it can be extended for up to three years under certain conditions. Examples of President’s Rule include its imposition in Punjab in 1951 and Uttar Pradesh in 1997.

Q. Explain the circumstances and effects of declaring a Financial Emergency in India.

Answer: A Financial Emergency can be declared by the President of India if they are satisfied that the financial stability or credit of the nation is threatened. Once declared, the proclamation must be laid before both Houses of Parliament and is valid for two months unless approved by resolutions of both Houses. If the Lok Sabha is dissolved at the time of the proclamation, the emergency ceases to exist 30 days after the reconstitution of the Lok Sabha unless supported by the new House. The effects of a Financial Emergency are significant. The President can appoint a Finance Commission to recommend measures to restore financial stability, reduce the salaries and allowances of all government officials, including judges, and issue instructions to States on the utilization of funds. Additionally, all Money Bills passed by the Lok Sabha must be submitted to the President for consideration. The President can also order States to submit Money Bills for their assent. Despite the broad powers granted, a Financial Emergency has never been declared in India since the promulgation of the Constitution.

Q. Discuss the discretionary powers of the President of India and their significance in the functioning of Indian democracy.

Answer: The President of India has several discretionary powers that are crucial for the functioning of Indian democracy. These powers include:

• Appointment of the Prime Minister: When no single party commands a clear majority in the Lok Sabha, the President exercises discretion in appointing the Prime Minister, usually the leader most likely to secure a majority.
• Dissolution of the Lok Sabha: The President can decide whether to dissolve the Lok Sabha upon the advice of a Prime Minister who has lost a vote of confidence, or to invite another leader to form a government.
• Sending back advice for reconsideration: The President can send back advice from the Council of Ministers for reconsideration once, although the advice must be accepted if reiterated.
• Promulgation of Ordinances: When Parliament is not in session, the President can issue Ordinances based on the advice of the Council of Ministers. However, this is also a discretionary power because the President must be satisfied that immediate action is necessary.

50. Explain the process of impeachment of the President of India and its implications for the office of the President.

Answer: The process of impeachment of the President of India is outlined in the Constitution to ensure accountability and maintain the sanctity of the office. Impeachment can be initiated in either House of Parliament by a resolution signed by at least one-fourth of its members, with a 14-day notice period. The resolution must be passed by a two-thirds majority of the total membership of that House. Once the charges are made, the other House investigates, where the President has the right to defend himself. If the investigating House also passes the resolution by a two-thirds majority, the President is removed from office.

This process is significant because it underscores the accountability of the President to the Constitution and the people of India. It ensures that the President, who holds a position of great authority and responsibility, cannot act against the Constitution or misuse power without the possibility of being removed from office. However, the stringent requirements for impeachment reflect the gravity of the situation and the need for a broad consensus, ensuring that this power is not misused for political purposes. This balance is crucial for the stability and integrity of the office of the President in a parliamentary democracy like India.