The President Archives

1. Consider the following statements regarding the time of holding electi

Consider the following statements regarding the time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy :

1. An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
2. An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy.
3. The person elected to fill the vacancy shall, subject to the provisions of Article 52, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Which of the above statements are correct ?

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

This question was previously asked in

UPSC SO-Steno – 2018

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The correct answer is D.

Statement 1 is correct. Article 62(1) states that an election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
Statement 2 is correct. Article 62(2) states that an election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
Statement 3 is correct. As per the latter part of Article 62(2), read with Article 56(1) which defines the term of office, the person elected to fill a casual vacancy holds office for the full term of five years from the date they assume office, not just for the remainder of the previous President’s term. Article 52 simply states there shall be a President of India; it doesn’t impact the term length of a person filling a vacancy.

The provisions in Article 62 ensure continuity in the office of the President. For a vacancy caused by term expiry, the successor must be elected before the incumbent’s term ends. For a casual vacancy, a time limit of six months is prescribed for holding the election to avoid a prolonged vacancy. The person elected in a casual vacancy enjoys the same full term as a regularly elected President.

2. Consider the following statements in respect of the executive power of

Consider the following statements in respect of the executive power of the Union :

1. The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.
2. Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.

Which of the above statements is/are correct ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC SO-Steno – 2018

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The correct answer is C.

Statement 1 is correct. Article 53(1) of the Constitution states that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
Statement 2 is correct. Article 53(2) states that without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.

Article 53 defines the executive power of the Union and vests it in the President. While the President is the head of the executive, the power is typically exercised by the President on the aid and advice of the Council of Ministers (as per Article 74). The President’s role as supreme commander of the defence forces is a significant executive function, the exercise of which is subject to regulation by law, reflecting the principle of civilian control over the military.

3. Which of the following statements is/are correct ? 1. A person above

Which of the following statements is/are correct ?

1. A person above the age of thirty-five years is eligible for President of India.
2. A person is qualified for election as President of India if he/she is qualified for election as a member of the House of the People.
3. A person is not eligible for election as President of India if he/she holds an office of profit.

Select the correct answer using the code given below :

1 and 2 only

2 only

1, 2 and 3

3 only

This question was previously asked in

UPSC SO-Steno – 2017

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All three statements are correct regarding the qualifications for election as President of India, as laid down in Article 58 of the Constitution.

– Statement 1 is correct: Article 58(1)(a) requires a person to have completed the age of thirty-five years.
– Statement 2 is correct: Article 58(1)(b) requires a person to be qualified for election as a member of the House of the People (Lok Sabha).
– Statement 3 is correct: Article 58(2) states that a person shall not be eligible for election as President if he holds any office of profit under the Union or State Government or any local or other authority subject to the control of any of the said Governments. However, certain offices like President, Vice-President, Governor of a State, and Minister for the Union or any State are not considered offices of profit for this purpose.

– Besides qualifications, Article 58 also mentions that the person must be a citizen of India.
– The exceptions to the office of profit rule are explicitly mentioned in Article 58(2) itself.

4. Which one of the following Articles of the Constitution of India empow

Which one of the following Articles of the Constitution of India empowers the President to grant pardons of punishment to any person ?

Article 27

Article 41

Article 72

Article 91

This question was previously asked in

UPSC Combined Section Officer – 2024

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Article 72 of the Constitution of India empowers the President to grant pardons of punishment to any person.

Article 72 grants the President of India the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This power extends to cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends, in all cases where the sentence is a sentence of death, and in all cases where the sentence is a sentence by a court martial.

Similar pardoning power is vested in the Governor of a State under Article 161 of the Constitution, but the Governor cannot pardon a death sentence (though they can suspend, remit, or commute it) and cannot exercise this power in respect of punishment or sentence by a court martial.

5. The President of India can dissolve the Lok Sabha on the advice of the

The President of India can dissolve the Lok Sabha on the advice of the

Council of Ministers

Chief Justice of India

Speaker of Lok Sabha

Election Commission of India

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The correct answer is the Council of Ministers.

The President of India is the nominal head of the executive and acts on the aid and advice of the Council of Ministers, headed by the Prime Minister. The dissolution of the Lok Sabha, before its full term, is a significant executive action taken by the President on the advice of the Council of Ministers (Article 85(2)(b)).

While the President has the constitutional power to dissolve the Lok Sabha, this power is almost always exercised based on the recommendation of the Council of Ministers, particularly if they have lost confidence or wish to seek a fresh mandate. In rare circumstances, if a Council of Ministers loses confidence and no alternative government can be formed, the President might act based on their own judgment, but the standard procedure involves the advice of the Council of Ministers.

6. The President of India can promulgate an ordinance when

The President of India can promulgate an ordinance when

both Houses of Parliament are in session

there is a financial emergency

there is a State emergency

both Houses of Parliament are not in session

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The correct answer is both Houses of Parliament are not in session.

Article 123 of the Constitution of India grants the President the power to promulgate ordinances when both Houses of Parliament are not in session or when only one House is in session, provided that circumstances exist which render it necessary for him to take immediate action.

An ordinance has the same force and effect as an Act of Parliament but is temporary in nature. It must be laid before both Houses of Parliament when they reassemble and ceases to operate six weeks from the reassembly of Parliament if not approved earlier.

7. Who among the following has the power to summon a joint sitting of bot

Who among the following has the power to summon a joint sitting of both the Houses of Parliament in India ?

President of India

Prime Minister of India

Minister of Home Affairs of India

Vice President of India

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The power to summon a joint sitting of both Houses of Parliament is vested in the President of India.

Article 108 of the Constitution provides for a joint sitting of both Houses in certain cases of disagreement between the two Houses on a Bill. The President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message or by public notification his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill.

The joint sitting is presided over by the Speaker of the Lok Sabha, or in his absence, by the Deputy Speaker of the Lok Sabha, or in his absence, by the Deputy Chairman of the Rajya Sabha. The Chairman of the Rajya Sabha (Vice-President) does not preside over a joint sitting. The Prime Minister or Home Minister do not have the power to summon a joint sitting.

8. The system of “Proportional Representation by Means of the Single Tran

The system of “Proportional Representation by Means of the Single Transferable Vote” is used for the election of

President of India

Members of the Lok Sabha

Members of the Rajya Sabha

Members of the Legislative Councils

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The system of “Proportional Representation by Means of the Single Transferable Vote” is used for the election of the President of India.

Article 55(3) of the Constitution specifies that the election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

This system is also used for the election of members of the Rajya Sabha (Council of States) by the elected members of the State Legislative Assemblies (Article 80(4)) and for the election of members of the State Legislative Councils (where they exist) from certain constituencies (Article 171(4)). However, among the given options, the election of the President is a prominent and significant example of the use of this system at the national level for a single office. Members of the Lok Sabha are elected directly from territorial constituencies based on the principle of adult suffrage.

9. Consider the following statements regarding the election of the Presid

Consider the following statements regarding the election of the President of India :

Every Member of Parliament can vote in the election of the President of India.
Every elected Member of Parliament can vote in the election of the President of India.
Every elected member of a State Legislative Assembly can vote in the election of the President of India.

Which of the above statements is/are not correct ?

1 only

2 and 3 only

3 only

1 and 2 only

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The correct answer is A) 1 only.

The President of India is elected by an electoral college consisting of: (i) the elected members of both Houses of Parliament; and (ii) the elected members of the Legislative Assemblies of the States. The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry are also included in the electoral college by virtue of the 70th Amendment Act, 1992. Nominated members of Parliament and members of State Legislative Councils do not participate in the President’s election.
Statement 1 is incorrect because nominated Members of Parliament do not vote.
Statement 2 is correct because every elected Member of Parliament (from both Lok Sabha and Rajya Sabha) votes.
Statement 3 is correct because every elected member of a State Legislative Assembly votes.
Therefore, only statement 1 is not correct.

The election is held in accordance with the system of proportional representation by means of a single transferable vote, and the voting is by secret ballot.

10. Which one of the following statements is not correct regarding the Pre

Which one of the following statements is not correct regarding the President of India ?

The President of India is part of the Parliament.

The President of India can on his own dismiss a Union Minister for misconduct.

The President of India can ask the Union Council of Ministers to re-consider its advice given to him.

The President of India can pardon a person sentenced to death.

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The correct answer is B) The President of India can on his own dismiss a Union Minister for misconduct.

Union Ministers hold office during the pleasure of the President (Article 75(2)). However, this ‘pleasure’ is exercised by the President on the advice of the Prime Minister. The President cannot dismiss a minister at his own discretion. The Prime Minister can advise the President to dismiss a minister, and the President is bound by this advice.

A) The President is an integral part of the Parliament (Article 79). C) The President can ask the Council of Ministers to reconsider their advice, but must act on the reconsidered advice (Article 74 as amended by 44th Amendment). D) The President has the power to pardon, including commuting a death sentence (Article 72).