The President Archives

41. According to the Constitution of India, which one of the following sta

According to the Constitution of India, which one of the following statements is not correct?

The executive powers of the Union shall be vested in the President of India.

Parliament, by law, can confer functions on authorities other than the President of India.

The President of India is elected by an electoral college consisting of all Members of Parliament and all Members of all State Legislatures.

A person, having held office as the President, shall be eligible for election to that office for the second term.

This question was previously asked in

UPSC CDS-1 – 2022

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Article 54 of the Constitution of India specifies the electoral college for the election of the President. It consists of (a) the elected members of both Houses of Parliament and (b) the elected members of the Legislative Assemblies of the States. Nominated members of Parliament and members of State Legislative Councils (where they exist) are not part of the electoral college. Statement C is incorrect because it includes “all Members of Parliament and all Members of all State Legislatures”, which erroneously includes nominated members and members of Legislative Councils.

The President of India is elected by an electoral college comprising only the *elected* members of Parliament (Lok Sabha and Rajya Sabha) and the *elected* members of State Legislative Assemblies (Vidhan Sabhas).

Option A is correct as per Article 53(1), which vests the executive power of the Union in the President. Option B is correct as per Article 53(3)(b), which allows Parliament to confer functions on authorities other than the President. Option D is correct as per Article 57, which states that a person who has held office as President is eligible for re-election.

42. Which of the following statements relating to the powers of the Presid

Which of the following statements relating to the powers of the President of India is/are correct?

1. The executive power of the Union shall be vested in the President.
2. The executive power shall be exercised by the President only through officers subordinate to him.
3. The supreme command of the defence forces of the Union shall be vested in the President.

Select the correct answer using the code given below.

1, 2 and 3

1 and 2 only

1 and 3 only

3 only

This question was previously asked in

UPSC CDS-1 – 2017

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Statements 1 and 3 relating to the powers of the President of India are correct.

Article 53(1) of the Constitution states that the executive power of the Union shall be vested in the President. Article 53(2) states that the supreme command of the Defence Forces of the Union shall be vested in the President.

Statement 1 is directly from Article 53(1). Statement 3 is directly from Article 53(2). Statement 2 says the executive power shall be exercised *only* through officers subordinate to him. Article 53(1) states it “shall be exercised by him either directly or through officers subordinate to him”. Thus, the President is not restricted to acting *only* through subordinates, making statement 2 incorrect. While in practice, the President acts on the aid and advice of the Council of Ministers (officers subordinate in a sense), the constitutional text of Article 53(1) does not use the word “only”.

43. Consider the following statements about the President of India: 1. T

Consider the following statements about the President of India:

1. The President has the right to address and send message to the Council of Ministers to elicit specific information
2. The President can call for information relating to proposals for legislation
3. All decisions of the Council of Ministers relating to administration of the Union must be communicated to the President

Which of the statements given above are correct ?

1 and 3 only

2 and 3 only

1 and 2 only

1, 2 and 3

This question was previously asked in

UPSC CDS-1 – 2016

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Statements 2 and 3 are correct. Statement 1, while related to the President’s interaction with the executive, is not as precise or formally described in the Constitution as statements 2 and 3.

– Article 78 of the Constitution of India outlines the duties of the Prime Minister regarding furnishing information to the President.
– Article 78(a) states that it shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation. This supports statement 3.
– Article 78(b) states that it shall be the duty of the Prime Minister to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for. This directly supports statement 2.
– Article 78(c) states that it shall be the duty of the Prime Minister, if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
– While the President interacts with the executive, the communication channels defined by Article 78 are primarily through the Prime Minister. Statement 1’s phrasing “address and send message to the Council of Ministers” is not a direct constitutional provision in the same way as the duties outlined in Article 78 regarding communication from the PM to the President.

The relationship between the President, Prime Minister, and the Council of Ministers is governed by Articles 74 and 78. The President acts on the aid and advice of the Council of Ministers (Article 74), but the PM serves as the link, communicating decisions and providing information to the President as required.

44. Which of the following statements relating to the office of the Presid

Which of the following statements relating to the office of the President of India are correct ?

1. The President has the power to grant pardon to a criminal in special cases.
2. The President can promulgate ordinances even when the Parliament is in session.
3. The President can dissolve the Rajya Sabha during emergency.
4. The President has the power to nominate two members in the Lok Sabha from the Anglo Indian community.

Select the correct answer using the code given below :

1 and 2

1 and 4 only

3 and 4 only

1, 3 and 4

This question was previously asked in

UPSC CDS-1 – 2016

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The correct option is B) 1 and 4 only.

Statement 1 is correct as the President has the power to grant pardons (Article 72). Statement 4 was correct under Article 331 of the Constitution which allowed the President to nominate two members from the Anglo-Indian community to the Lok Sabha if they were not adequately represented (Note: This provision was discontinued by the 104th Amendment Act, 2019, effective Jan 2020, but was in effect at the time the question was likely framed). Statement 2 is incorrect as the President can only promulgate ordinances when Parliament (or either House) is not in session (Article 123). Statement 3 is incorrect as the Rajya Sabha is a permanent House and cannot be dissolved.

The power to grant pardons, reprieves, respites, remissions, punishments, or to commute the sentence of any person convicted of any offence falls under the President’s executive powers. The ordinance-making power is an important legislative power for urgent situations. The Rajya Sabha’s permanent nature is a key feature distinguishing it from the Lok Sabha.