The Union Executive

Must be a member of either House of Parliament

Reason — A candidate for the office of the President must be qualified for election as a member of the Lok Sabha but shall not be a member of either House of Parliament. Therefore, being a member of Parliament is not a requisite qualification.

No such limit

Reason — The Constitution prescribes only a minimum age for the office of the President — the candidate should have completed the age of thirty-five years at the time of election. No maximum age limit has been laid down.

Elected members of the State Legislative Assemblies and of both the Houses of Parliament

Reason — The President is elected indirectly by an Electoral College which consists of the elected members of the Legislative Assemblies of all the Federating States, including those of the Union Territories of Delhi, Jammu & Kashmir and Puducherry, and the elected members of the Lok Sabha and the Rajya Sabha.

I and II

Reason — The President may resign before the expiry of his full term by writing a letter addressed to the Vice President. He may also be impeached out of office by the Parliament if he acts against the provisions of the Constitution. Hence, statements I and II are correct.

Vice President

Reason — The President may resign before the expiry of his full term by writing a letter addressed to the Vice President of India, who communicates this decision immediately to the Speaker of the Lok Sabha.

Supreme Court

Reason — The 39th Constitution Amendment Act, 1975 and the 44th Constitution Amendment Act, 1978 lay down that any dispute over the election of the President shall be decided by the Supreme Court of India.

all three types of emergency

Reason — The President can declare three types of Emergencies — National, State or Constitutional, and Financial — under Articles 352, 356 and 360 respectively.

Chief Justice of India

Reason — The new President is administered an oath by the Chief Justice of India, in which he promises to faithfully discharge the functions of the President and to preserve, protect and defend the Constitution and the law.

(A) and (R) are independent of each other

Explanation — The Assertion is false because the Vice President of India is elected indirectly by an electoral college consisting of members of both Houses of Parliament, not directly by citizens. The Reason is true as the Vice President serves as the ex-officio Chairman of the Rajya Sabha, making the two statements factually unrelated to each other's validity.

The Parliament

Reason — Only the Parliament has the authority to amend a law or bill that it has passed.

Appointing the Prime Minister

Reason — The President makes appointment to key posts to run the government's administration. He/She appoints the Prime Minister – usually the leader of the majority party to form the government.

Both A and R are true, but R is not the correct explanation of A.

Explanation — The President uses his discretionary judgment to appoint the Prime Minister when no party has a clear majority in the Parliament. The President's discretion arises from the hung Parliament, not from the inability of the outgoing Prime Minister to advice.

For holding any office of profit under the Centre or the State government.

Reason — 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.

Y

Reason — W is below the prescribed age of thirty-five years, X is a proclaimed offender, and Z holds an office of profit under the Union Government. Y is thirty-six years of age, and a Governor of a State is not considered a person holding an office of profit. Hence, only Y is eligible.

Impeachment Motion

Reason — If a President begins to act against the provisions of the Constitution, or is found guilty of misusing his status and position, he may be impeached out of office. Either House of Parliament can level the charges and initiate the process.

Q and S

Reason — A National Emergency can be declared in case of war or external aggression or armed rebellion. Under Article 352, the President can declare such an Emergency only on the basis of a written request by the Union Cabinet headed by the Prime Minister, and not on a verbal request.

Inviting a leader to form the government when no party has a clear majority

Reason — When no political party or coalition of parties enjoys a majority in the Lok Sabha, the President has discretion in inviting the leader of a party or coalition of parties who, in his opinion, is able to form a stable government.

The President generally acts on the advice of the Council of Ministers

Reason — The President exercises his powers on the advice of the Union Council of Ministers headed by the Prime Minister. As per the 42nd Amendment Act (1976), it is obligatory for the President to act on the advice of the Council of Ministers.

It must be approved within six weeks of re-assembly of Parliament.

Reason — If the Parliament does not approve the Ordinance within six months of its re-assembly, it lapses. If an ordinance is not disapproved, it will automatically cease to operate at the end of six weeks from the date the Parliament re-assembles.

General Emergency

Reason — The President can declare a national or general emergency in case of 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.

Z

Reason — To become the President of India, one must be a citizen of India, must have completed 35 years of age, and should not hold an office of profit under the government. Thus, Person Z fulfills the eligibility criteria to become the President of India.

The chief executive authority of the Indian Union is the President.

A person seeking election to the office of the President must possess the following qualifications :

1. He should be a citizen of India.
2. He should have completed the age of thirty-five years.
3. He must be qualified for election as a member of the Lok Sabha but shall not be a member of either House of Parliament.
4. He should not hold any office of profit under the Central or State Government. However, the office of the Governor, a Union or State Minister and the Vice-President is not regarded as an office of profit.

A Joint Session is a meeting of both Houses of Parliament sitting together, summoned by the President to resolve a deadlock over an ordinary Bill between the Lok Sabha and the Rajya Sabha.

The President of India addresses both Houses of Parliament, assembled together:

1. At the commencement of the first session after each General Election to the Lok Sabha.
2. At the commencement of the first session of each year (Budget Session)

If the President does not wish to sign a Non-Money bill, he may withhold the Bill or send it back to the House for reconsideration with his suggestions or recommendations. However, if the Bill is passed again with or without his suggestions, the President has to give his assent.

The President can proclaim a state of emergency in the country in the following circumstances:

1. National Emergency can be declared when whole of India or a part of its territory in case of war or external aggression or armed rebellion.
2. State Emergency can be declared when the President feels that the constitutional machinery has broken down or the government cannot be carried on in accordance with the provisions of the Constitution.
3. President can proclaim a Financial Emergency when the financial stability or credit feasibility of the nation or of any part of its territory is threatened or has occurred or is likely to occur.

A Proclamation of National Emergency must be approved by Parliament within one month, while State Emergency and Financial Emergency must be approved within two months, otherwise they cease to operate.

The Vice President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha.

The President is elected indirectly because he is only the ceremonial head of the State — the real power lies in the hands of the Prime Minister and his Council of Ministers. If the President were to be elected directly by the people, he could become a rival centre of power to the Council of Ministers, which would be against the Parliamentary system with ministerial responsibility.

The President can declare a National Emergency in the whole of India or a part of its territory in case of war or external aggression or armed rebellion.

The President is empowered to promulgate an Ordinance when the Parliament is not in session. The ordinance has the same status as an Act of Parliament.

The President can declare a State Emergency or President's Rule when he is fully satisfied, based on the report of the Governor of the concerned state, that the constitutional machinery has broken down or the government cannot be carried on according to the provisions of the Constitution. He can then proclaim a State of Emergency in the state under Article 356. Such an Emergency must be approved by the Parliament within a period of two months.

(a) Approval of bills — Legislative power.

(b) Appointment of the Supreme Court judges — Executive power.

When neither of the two Houses of the Parliament of India is in session, the President can promulgate an Ordinance.
The Cabinet, led by the Prime Minister prepares and advises the President to issue the Ordinance.
The two Houses of Parliament must approve the Ordinance within six weeks from the date the Parliament re-assembles, otherwise it ceases to operate.

(a) To seek election to become the President of India, a person must have the following qualifications:

1. He should be a citizen of India.
2. He should have completed the age of thirty-five years at the time of election.
3. He must be qualified for election as a member of the Lok Sabha but shall not be a member.
4. He should not hold any office of profit under the Central or State Government. The Governor of a State or a Minister of a Union or State or Vice-President of the Union is not considered a person holding an office of profit.

(b) The President of India is elected indirectly by the members of an Electoral College.

Value of the vote of each member of the Vidhan Sabha (Legislative Assembly) is determined by:

(Total Population of the State / Total number of elected members of the Legislative Assembly ) ÷ 1000

The voting power of an elected member of the Parliament is worked out as per the formula given below:

(Total Voting Power of All the States / Elected Members of the Parliament)

The election of the President is held according to the system of proportional representation by means of Single Transferable Vote System. According to this system, the voter may mark as many preferences (1, 2, 3, 4, 5, 6, ...) on the ballot paper as there are the candidates. After the casting of votes is over, first of all the first preference votes are counted. If any candidate gets the absolute majority or more than 50% of the votes, he is declared elected and there is no need of counting the second preference votes. But in case no candidate is able to get the absolute majority, then the candidate who has secured the least votes is eliminated and his second preference votes are added to the other candidates. This process goes on and ultimately the candidate who gets the absolute majority is declared elected. Any dispute that arises is settled by the Supreme Court of India.

(c) The President of India can be removed from office by the process of Impeachment.

• Resolution of impeachment is moved after at least fourteen days prior notice in writing signed by not less than one-fourth of the total number of members of either House starting the process.
• The resolution is passed by a majority of not less than two-thirds of the total membership of the House.
• When a charge has been so preferred by either House of Parliament, the other House will investigate the charge and the President has the right to appear and to be represented at such an investigation.
• If, as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the investigating House, declaring that the charge has been sustained, the President will have to vacate his office.

(a) The executive powers of the President are given below:

1. Head of the Union Administration — All executive orders are issued in the name of the President. All the Union officials are his subordinates.
2. 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.
3. Union Territories and Border Areas — The administration of the Union Territories and the Border Areas is the responsibility of the President.
4. Appointment to key posts — The President appoints the Prime Minister, and the Council of Ministers on his advice. He summons the leader of the majority group in the Parliament and asks him to form the Government. He makes many other appointments to key posts to run the administration.

(b) The legislative powers of the President are given below:

1. 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 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.
2. Messages to Parliament — He has the power to send messages to either House of Parliament either in the regard to any pending Bill or to any other matter.
3. Dissolve the Lok Sabha — He can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.
4. Nominate members to the Rajya Sabha — He nominates 12 members to the Rajya Sabha from among persons having distinguished themselves in field of literature, science, art and social service.
5. Promulgating Ordinances — The President can promulgate an ordinance when the Parliament is not in session. However, it should be laid before both the Houses of Parliament for approval when they reassemble.
6. No Bill becomes law without the President's assent.

(c) The judicial powers of the President are given below:

1. He is not answerable before any Court of Law for the discharge of his duties.
2. No criminal suit can be initiated against him during his tenure of office.
3. He has the power to grant pardon, to remit or suspend a sentence of punishment on any appeal for mercy. He can exercise aforesaid powers in following cases —
   1. in all the cases where the sentence is for an offence against any law contained in Union and Concurrent Lists.
   2. in all cases where the sentence is by a Court Martial.
   3. in all cases where there is a death sentence. He can commute even a death sentence into imprisonment for life or grant pardon.

(a) The President of India is not directly elected by the people. He is elected indirectly by an Electoral College according to the system of proportional representation by means of the Single Transferable Vote System. The voter may mark as many preferences (1, 2, 3, 4, ...) on the ballot paper as there are candidates. The candidate who secures the absolute majority, i.e., more than 50% of the valid votes, is declared elected.

The Electoral College which elects the President consists of :

1. the Elected members of the Legislative Assemblies of all the Federating States including those of the Union Territories of Delhi, Jammu & Kashmir and Puducherry.
2. the Elected members of the Lok Sabha and the Rajya Sabha.

(b) Three discretionary powers of the President are given below:

1. Appointment of the Prime Minister — When no political party or coalition of parties enjoys a majority in the Lok Sabha, the President has the discretion of inviting the leader of a party or a coalition of parties to form the government, who in his opinion, is able to form a stable government.
2. Pocket Veto — The President may withhold his assent to a Bill or may send it back for reconsideration of the Houses, if it is not a Money Bill. The Constitution does not prescribe any time-limit within which the President is to declare his assent or refusal or to return the Bill. By reason of this absence of a time-limit, the President may simply keep the bill on his desk for an indefinite time. This is referred to as the 'pocket veto'.
3. Dissolution of the Lok Sabha — The President can, normally, dissolve the Lok Sabha only on the advice of the Union Council of Ministers. But the advice is not binding on the President if the government has lost its majority, has resigned or is shaky and unstable. In all such cases, the President can exercise his own discretion.

(c) Four executive powers of the President are given below:

1. The President is the Head of the Executive. All executive orders of the Union are issued in his/her name.
2. He appoints the Prime Minister, and the Council of Ministers on his advice. He summons the leader of the majority group in the Parliament and asks him to form the Government.
3. He appoints the Governors of the States, the Lt. Governors and the Chief Commissioners of the Union Territories, the Chief Justices and the Judges of the Supreme Court and the High Courts, the Attorney General of India and the Comptroller and Auditor General of India.
4. The administration of the Union Territories and the Border Areas is the responsibility of the President. He also has the power of directing, coordinating and controlling the State Governments.

(i) An Emergency is "a sudden or unforeseen situation demanding immediate action." It is a situation in which the Head of State assumes extraordinary powers. The President can proclaim a state of Emergency in the following cases:

1. National or General Emergency: 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 (Article 352).

2. Breakdown of Constitutional Machinery: The Constitutional machinery in a State has broken down or there is a deadlock because of political uncertainties or otherwise (Article 356).

3. Financial Emergency: A set-back to the financial stability or credit feasibility of the country is likely to occur or has occurred (Article 360).

(ii) Three legislative powers of the President are:

1. Dissolve the Lok Sabha: He/She can dissolve the Lok Sabha and order fresh elections.

2. Assent to Bills: Once a Bill is passed by both the Houses, it is sent to the President for his/her approval. The President may give his/her assent, or withhold the Bill or send it back to the House concerned with recommendations. If the same bill is passed again, the President has to give his/her assent.

3. Promulgate Ordinances: The President can promulgate an Ordinance, which has the same status as an Act of Parliament when:

   1. Certain circumstances need immediate action.
   2. Both Houses of Parliament are not in session.
   3. All Ordinances must be put up before both the Houses for their approval. Ordinances cease to operate after six weeks from the re-assembly of Parliament, unless they are approved by the Houses.
   4. The Ordinance lapses if it is replaced by an Act of Parliament.

(iii) The President is elected by indirect elections because of the following reasons:

1. 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.
2. Since the membership in the two Houses of Parliament was likely to be dominated by one party, 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.

COMPOSITION OF THE ELECTORAL COLLEGE

The President is elected indirectly by the members of an Electoral College consisting of:

1. the elected members of both Houses of Parliament.

2. the elected members of the Legislative Assemblies of the States including National Capital Territory of Delhi and the Union Territory of Puducherry.

Nominated members of Rajya Sabha and State Assemblies are not eligible to be included in the Electoral college.

(i) The President can be impeached and removed from office for violation of the Constitution by the process of Impeachment.

1. Charges can be introduced in either House of the Parliament. A 14 days notice should be given to the President in writing, signed by at least one–fourth of the total members of the House that framed the charges.
2. After the lapse of 14 days, a resolution is moved which is to be passed by a majority of not less than two-third of the total strength of the House.
3. The resolution then moves to the other House, which should investigate the charges during the process. The impeached President has the right to appear and to represent himself during investigation. If the resolution is passed by the second House with a majority of not less than two-thirds of its total membership of the House (investigating), the President will stand impeached and removed from office.

(ii) Three powers of the Vice President as the Chairman of the Rajya Sabha are:

1. The Vice-President is the ex-officio Chairman of the Rajya Sabha.
2. The Vice-President of India performs similar functions in the Rajya Sabha as the Speaker in the Lok Sabha. His/her salary is also paid in this capacity.
3. In case of a tie on any issue or motion, the Vice President, as Chairman, has the casting vote. This means that the Chairman can cast a vote to break the deadlock.

(iii) (a) Two financial powers of the President are:

1. Money bills can be introduced in the Parliament only with President’s recommendation.
2. He/she can withdraw money out of the Contingency Fund of India to meet any unforeseen expenditure. Such expenditure should be subsequently approved by the Parliament.

(b) Two executive powers of the President are:

1. The President is the executive head of the country and executive authority vested in him, and all executive orders are issued in his/her name.
2. The administration of Union Territories and Border Areas is the responsibility of the President.

(i) A person shall be eligible for election as Vice-President, if he -

1. is a citizen of India.
2. has completed the age of thirty-five.
3. is qualified for election as a member of the Council of States.

(ii) Three types of emergencies that can be declared by the President are:

1. National or General Emergency — The President can proclaim National Emergency if there is a danger of foreign aggression, civil war, insurgency or any other such cause.
2. Breakdown of Constitutional Machinery — 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, he/she may declare an emergency in the State. 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.
3. Financial Emergency — The President can proclaim Financial Emergency if there is a setback to the financial stability or credit feasibility of the country.

(iii) Four legislative powers of the President are-

1. 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 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.
2. Messages to Parliament — He has the power to send messages to either House of Parliament either in the regard to any pending Bill or to any other matter.
3. Dissolve the Lok Sabha — He can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.
4. Nomination of Members — The President nominates 12 members to the Rajya Sabha from among persons having special knowledge or practical experience in these matters-literature, science, art and social service.

(a) The Constitution assigns the President several powers and functions. Some of them are:

1. Executive Powers — All executive actions of the Union are taken in the President's name. The President appoints the Prime Minister and, on the Prime Minister's advice, the other Ministers and important constitutional authorities.
2. Legislative Powers — The President summons and prorogues Parliament, may dissolve the Lok Sabha, gives assent to Bills and may issue Ordinances when Parliament is not in session.
3. Financial Powers — The President causes the Annual Financial Statement to be laid before Parliament, and a Money Bill can be introduced only with the President's recommendation.

(b) The President is the constitutional or nominal head of the Union Executive. Although executive powers are formally vested in the President, they are normally exercised on the aid and advice of the Prime Minister and the Council of Ministers.

The real executive authority therefore rests with the Council of Ministers, which is collectively responsible to the Lok Sabha. This reflects the basic principle of parliamentary democracy—that the government remains accountable to the elected representatives of the people.

(c) The President is the Head of the State and the First Citizen of India, representing the unity and dignity of the nation. In normal circumstances, the President has little independent power in governance and acts on the advice of the Council of Ministers.

However, limited discretion may be exercised in special situations, such as appointing a Prime Minister when no party has a clear majority in the Lok Sabha.

The Indian President is therefore similar to the British monarch, who is a constitutional head, but differs from the President of the United States, who is both Head of State and Head of Government and exercises substantial executive authority.

Thus, in India, real governing power rests with the Prime Minister and the Council of Ministers, while the President functions mainly as the constitutional Head of State.