The President Archives

21. With reference to the election of the President of India, consider the

With reference to the election of the President of India, consider the following statements :

The value of the vote of each MLA varies from State to State.
The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.

Which of the statements given above is/are correct ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC IAS – 2018

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Statement 1 is correct. The value of the vote of an MLA is calculated based on the population of the respective state and the total number of elected MLAs in that state. Since the population and the number of MLAs vary from state to state, the value of an MLA’s vote also varies.

Statement 2 is incorrect. The value of the vote of an MP (Member of Parliament) is the same for all MPs, whether from the Lok Sabha or the Rajya Sabha. The value is calculated by dividing the total value of votes of all MLAs of all states by the total number of elected MPs of both Houses of Parliament.

The Presidential election follows the system of proportional representation by means of the single transferable vote, and the voting is by secret ballot. The Electoral College for the President’s election consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States and the Union Territories of Delhi and Puducherry.

22. Who, among the following Presidents of India, sent back the Post Offic

Who, among the following Presidents of India, sent back the Post Office (Amendment) Bill, 1986 for the reconsideration of the Parliament ?

R. Venkataraman

Shankar Dayal Sharma

Giani Zail Singh

K. R. Narayanan

This question was previously asked in

UPSC CAPF – 2024

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The correct option is D, K. R. Narayanan.

The Post Office (Amendment) Bill, 1986, was passed by Parliament during the tenure of Prime Minister Rajiv Gandhi. The President at that time was Giani Zail Singh. President Giani Zail Singh famously did not give his assent to the bill nor did he return it for reconsideration. Instead, he kept it pending, effectively using a pocket veto. The bill eventually lapsed.
The question asks which President “sent back” the bill for reconsideration. Giani Zail Singh did not send it back.
Among the Presidents listed, K. R. Narayanan (President from 1997 to 2002) is well-known for actively exercising the power to return bills for reconsideration under Article 111 of the Constitution. Notably, he sent back the recommendations of the Union Cabinet regarding the imposition of President’s Rule under Article 356 for Uttar Pradesh (1997) and Bihar (1998), and also returned the Constitution (Eighty-fourth Amendment) Bill, 2000 (regarding delimitation).
While K. R. Narayanan did not interact with the 1986 Post Office Bill (as it lapsed before his presidency), the question asks *who* among the options “sent back” bills for reconsideration, linking it to the context of a significant controversial bill. Given that Giani Zail Singh did *not* send the 1986 bill back, and K. R. Narayanan is the prominent President among the options known for using the “send back” power, option D is the most likely intended answer, despite the potential inaccuracy in associating K. R. Narayanan directly with the 1986 bill. The question likely tests the knowledge of which President significantly used the power to return bills.

Article 111 of the Constitution allows the President to either give assent to a bill, withhold assent, or return the bill (if it is not a Money Bill) to the Houses for reconsideration. If the Houses pass the bill again, with or without amendments, the President must give assent. The pocket veto is a term for the President’s inaction on a bill, neither assenting nor returning it, allowing it to lapse if the Parliament session ends. Giani Zail Singh’s use of the pocket veto on the 1986 Post Office Bill remains a notable instance of presidential power exercise in India. K. R. Narayanan’s actions in sending back recommendations and bills marked a more assertive role for the presidency compared to some of his predecessors.

23. Which one of the following powers has not been conferred on the Pr

Which one of the following powers has **not** been conferred on the President of India?

Appointment of Prime Minister

To decide at his/her discretion any question regarding disqualification of a Member of the Parliament

To grant pardon to a person who has been punished by a court-martial

To remove a Judge of the High Court

This question was previously asked in

UPSC CAPF – 2021

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A) Appointment of Prime Minister: The President appoints the leader of the majority party in the Lok Sabha as the Prime Minister (Article 75). This power is conferred on the President.
B) To decide at his/her discretion any question regarding disqualification of a Member of the Parliament: Regarding disqualification of a Member of Parliament under Article 102 (except disqualification under the Tenth Schedule which is decided by the Speaker/Chairman), the question is referred to the President. However, Article 103(2) mandates that the President shall obtain the opinion of the Election Commission of India and shall act according to such opinion. Therefore, the President does not decide this question *at his/her discretion*. The power to decide is conferred, but *without* discretion. The power *to decide at discretion* is not conferred.
C) To grant pardon to a person who has been punished by a court-martial: 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 of any offence under Article 72, including sentences by court-martial. This power is conferred.
D) To remove a Judge of the High Court: A Judge of a High Court can be removed from office by the President under Article 217(1)(b) read with Article 124(4). The removal process is initiated in Parliament, and an address by each House must be presented to the President in the same session for the President to issue the removal order. While the President issues the final order, the substantive power and decision-making process reside with Parliament. However, the *power to remove* (as the final executive act) is conferred on the President, albeit conditionally.
Comparing B and D, option B specifically highlights a power *at discretion* which is absent, making it the most accurate answer to the question asking which power *has not been conferred*. The power to decide disqualification under Art 102 *is* conferred on the President, but the associated discretion is not.

– President appoints PM, grants pardons (including court-martial sentences), and issues orders for judge removal (after parliamentary process).
– President decides on MP disqualification (under Art 102), but *must* act on ECI’s advice, thus lacking discretion.
– The question asks for a power not conferred or not conferred in the manner described (at discretion).

The President of India is the head of the Executive, and numerous powers are conferred upon this office by the Constitution. However, most of these powers are exercised on the aid and advice of the Council of Ministers, except for a few situations where the President may exercise discretion (e.g., appointing a PM when no party has a clear majority). Deciding MP disqualification under Art 102 is an example of a power where the President’s role is formal and bound by external advice (ECI).

24. Which of the following statement(s) regarding promulgation of ordinanc

Which of the following statement(s) regarding promulgation of ordinance is/are correct ?

1. President can promulgate ordinances which are of temporary duration
2. An ordinance promulgated by the President has to be ratified by Parliament within six weeks of its re-assembly

Select the correct answer using the code given below :

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC CAPF – 2020

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The correct option is C.

Statement 1 is correct: Article 123 of the Constitution empowers the President to promulgate ordinances when both Houses of Parliament are not in session, or when either of the two Houses is not in session, and circumstances exist which render it necessary for him to take immediate action. These ordinances have the same force and effect as an Act of Parliament but are temporary laws.
Statement 2 is correct: An ordinance promulgated by the President must be laid before both Houses of Parliament when they re-assemble. It ceases to operate at the expiration of six weeks from the re-assembly of Parliament, or if before the expiration of that period resolutions disapproving it are passed by both Houses. The period of six weeks is calculated from the date on which the Houses of Parliament re-assemble, or from the date on which the later of the Houses meets if they re-assemble on different dates.

The maximum life of an ordinance can be six months and six weeks (assuming Parliament does not reassemble for six months and then takes the maximum allowed time of six weeks to approve or disapprove it). Ordinances can be withdrawn by the President at any time.

25. Which one of the following statements relating to the power of the Pre

Which one of the following statements relating to the power of the President of India to grant pardon is not correct?

The President has the power to grant pardon where punishment or sentence is by a Court Martial.

The President can grant pardon in all cases where the sentence is a sentence of death.

The Court’s power of judicial review is very limited in relation to the decision of the President on mercy petition.

The power to grant pardon by the President is the power that the sovereign never exercises against its own judicial mandate.

This question was previously asked in

UPSC CAPF – 2018

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The correct answer is D) The power to grant pardon by the President is the power that the sovereign never exercises against its own judicial mandate.

Statement D is incorrect. The power to grant pardon is an executive power exercised by the sovereign (represented by the President) that acts upon, and can override or modify, a sentence pronounced by the judiciary (another arm of the sovereign). In this sense, it is exercised “against” the full execution of the judicial mandate (the sentence) to provide relief or clemency. It doesn’t challenge the judiciary’s authority to deliver the verdict and sentence, but it acts as a check on the severity or appropriateness of the punishment in certain cases.

A) is correct as Article 72 of the Constitution grants the President power to grant pardon in cases where the punishment is by a Court Martial.
B) is correct as Article 72 also grants the President power to grant pardon in all cases where the sentence is a sentence of death.
C) is generally correct. The Supreme Court has held that the President’s power under Article 72 is subject to judicial review, but the grounds for review are very limited (e.g., arbitrariness, malafide intent, extraneous considerations, discrimination). Courts do not review the appropriateness of the sentence or substitute their own judgment for the President’s.

26. Who is the Supreme Commander of the Indian Armed Forces ?

Who is the Supreme Commander of the Indian Armed Forces ?

President

Prime Minister

Defence Minister

Longest serving Chief of Staff

This question was previously asked in

UPSC CAPF – 2015

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The President of India is the Supreme Commander of the Indian Armed Forces.

This position is established by Article 53(2) of the Constitution of India, which states that 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.

While the operational command rests with the respective service chiefs (Chief of the Army Staff, Chief of the Navy Staff, Chief of the Air Staff, and the Chief of Defence Staff) under the Ministry of Defence, the ceremonial and constitutional head with supreme command authority is the President. The Prime Minister is the head of the government, and the Defence Minister is the political head of the Ministry of Defence responsible for policy and administration related to defence.

27. Which of the following statements are correct regarding the election o

Which of the following statements are correct regarding the election of the President of India ?

1. He is elected indirectly
2. He is elected through an electoral college consisting of all elected MPs and MLAs
3. He is elected directly
4. Members of the Legislative Council have no right to vote in the Presidential election

Select the correct answer using the code given below:

1 and 2 only

1, 2 and 4

1 and 4 only

3 and 4

This question was previously asked in

UPSC CAPF – 2014

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The correct option is B, as statements 1, 2, and 4 are correct regarding the election of the President of India.

– Statement 1 is correct. The President of India is elected indirectly by an Electoral College.
– Statement 2 is correct. The Electoral College for the Presidential election consists of the elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and the elected members of the Legislative Assemblies of the States and the Union Territories of Delhi and Puducherry. This is accurately described as ‘all elected MPs and MLAs’.
– Statement 3 is incorrect. The President is elected indirectly, not directly by the people.
– Statement 4 is correct. Members of the Legislative Councils (MLCs) in states having a bicameral legislature are not part of the Electoral College for the Presidential election. Only elected Members of the Legislative Assemblies (MLAs) are included.

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. The value of the vote of each elected member of the Parliament and the Legislative Assembly is calculated based on the population of the states and the number of elected representatives.

28. Consider the following statements: Statement I: Impeachment procedu

Consider the following statements:

Statement I: Impeachment procedure is a quasi-judicial procedure and the President of India can be impeached only on the grounds of violation of the Constitution
Statement II: The impeachment procedure can be initiated in either House of the Parliament

Both the statements are individually true and Statement II is the correct explanation of Statement I

Both the statements are individually true but Statement II is not the correct explanation of Statement I

Statement I is true but Statement II is false

Statement I is false but Statement II is true

This question was previously asked in

UPSC CAPF – 2014

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Both statements are individually true, but Statement II is not the correct explanation of Statement I.

– Statement I is true. The impeachment procedure for the President of India, as outlined in Article 61 of the Constitution, is a quasi-judicial process involving investigation of charges and voting by Parliament. The only ground specified for impeachment is “violation of the Constitution”.
– Statement II is true. Article 61(2) states that the charge for impeachment “may be preferred by either House of Parliament”. The process can begin in either the Lok Sabha or the Rajya Sabha.
– Statement I describes the *nature* of the impeachment process (quasi-judicial) and the *grounds* for it (violation of the Constitution). Statement II describes *where* the process can be initiated (either House). The fact that the process can start in either House does not explain why it is quasi-judicial or why the ground is violation of the Constitution. They are distinct facts about the procedure.

– No President of India has been impeached to date.
– The procedure involves a notice signed by a minimum number of members, investigation of the charges by the other House, and passage of a resolution by a special majority in both Houses.

29. The Constitution of India :

The Constitution of India :

does not provide any clause regarding the President's re-election to the office.

restricts the President's tenure to a maximum two terms.

has been amended to allow a person for only one term as President.

allows re-election of a person to the President's post.

This question was previously asked in

UPSC CAPF – 2010

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Article 57 of the Constitution of India explicitly deals with the eligibility for re-election of the President. It states that a person who holds or has held office as President shall be eligible for re-election to that office, subject to other provisions of the Constitution. Therefore, the Constitution allows re-election of a person to the President’s post.

– Article 57: “Eligibility for re-election.—A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.”
– There is no constitutional limit on the number of terms a person can serve as President in India, unlike, for example, the USA (where it is limited to two terms).

While the Constitution permits multiple terms, no person has served more than two terms as President of India so far (Dr. Rajendra Prasad served two terms). The practice has been for Presidents to serve one term, though re-election is constitutionally permissible.

30. Consider the following statements: 1. Under the Indian Constitution

Consider the following statements:

1. Under the Indian Constitution, the President is bound by the advice of the Council of Ministers.
2. Under the Indian Constitution, the President is bound by the advice of the Cabinet.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC CAPF – 2010

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Statement 1 is correct. Article 74(1) of the Constitution states that 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. The 42nd Amendment made this advice binding, and the 44th Amendment allowed the President to ask the CoM to reconsider the advice, but the President is bound by the reconsidered advice. Statement 2 is incorrect. The Constitution specifically mentions the ‘Council of Ministers’ in relation to advising the President (Articles 74, 75, 78). While the Cabinet is the inner circle and the actual decision-making body within the CoM, the constitutional term is Council of Ministers.

The President of India acts on the aid and advice of the Council of Ministers, as mandated by the Constitution. The term ‘Cabinet’ is not used in this context in the specific constitutional articles related to the President’s exercise of power based on advice.

The Council of Ministers comprises all ministers, including Cabinet Ministers, Ministers of State, and Deputy Ministers. The Cabinet consists only of the Cabinet Ministers. While the Cabinet is the driving force behind government policy and decisions, the Council of Ministers is the larger constitutional body whose advice is binding on the President.