The President is part of Indian Polity and Governance. Below are notes on 14 sub-topics, followed by practice MCQs from State PSC and UPSC papers.
Constitutional Position and Significance
- The President is the Head of the State and the First Citizen of India.
- The President is the Supreme Commander of the Indian Armed Forces.
- The President is the Nominal (Titular/De jure/Constitutional) Head of the State; s/he represents the nation but does not lead the government.
- The Prime Minister is the Real (De facto/ Political) Head of the Government.
- The Constitutional position of the Indian President is comparable to that of the British Monarch.
- The President heads the Union Executive (Article 53(1)).
- The President's powers are not absolute; s/he acts on the aid and advice of the Council of Ministers (Article 74).
- The President is elected indirectly by an Electoral College, not by direct elections.
- India's governmental system is Parliamentary and Republican, not Presidential.
- The President performs specific functions in relation to Parliament (e.g., summoning, proroguing, addressing), but does not perform most of Parliament's functions. The President's functions extend beyond just Parliament.
- Dr. Zakir Hussain was the 3rd President of India and received the Bharat Ratna in 1963, prior to his presidency (1967).
- V. V. Giri was associated with the Trade Union Movement in India before becoming President.
- Neelam Sanjiva Reddy served as Speaker of the Lok Sabha and was the only President to be elected unopposed (1977).
- Alan Gledhill expressed concern about the potential for the President to use constitutional powers to become a dictator.
- The President of India (the office, or the incumbent in official capacity) is not considered a 'legal person' in the same way as corporate entities (e.g., universities, banks).
Discretionary Powers of the President
- President's discretionary powers are exercised without the aid and advice of the Council of Ministers, either due to constitutional provisions or situational exigencies.
- Situational Discretion (Political Circumstances):
- Appointment of the Prime Minister when no single party or pre-election coalition secures a clear majority in the Lok Sabha.
- Dismissal of the Council of Ministers when it cannot prove its confidence in the Lok Sabha and refuses to resign.
- Dissolution of the Lok Sabha if the Council of Ministers has lost its majority and no viable alternative government can be formed.
- Taking day-to-day administrative decisions during a 'caretaker government' period (e.g., after the dissolution of Lok Sabha or resignation of CoM).
- Summoning Parliament sessions in exceptional circumstances where the ruling party has lost confidence and is avoiding facing the House.
- Constitutional Discretion (Explicit Powers):
- Sending a bill (other than a Money Bill or a Constitutional Amendment Bill) back to Parliament for reconsideration (Suspensive Veto - Article 111). This power can be exercised only once.
- Withholding assent to an ordinary bill passed by Parliament, effectively exercising a Pocket Veto (Article 111).
- Asking the Council of Ministers to reconsider any advice tendered to him (Article 74(1) - added by 44th Amendment Act, 1978).
- Seeking information from the Prime Minister regarding the administrative affairs of the Union or legislative proposals (Article 78(b)).
- Implied/Informal Discretion:
- To warn and encourage the Council of Ministers (related to President's role as constitutional head and powers under Art 78(b) and (c)).
- To send messages to either House of Parliament (Article 86), though generally on advice, may be exercised independently in extraordinary situations.
- Powers that are NOT Discretionary (often confused):
- Appointment of the leader of the majority party as Prime Minister.
- Appointment of other members of the Council of Ministers (on the Prime Minister's advice).
- Pardoning (Article 72 - on the advice of the Council of Ministers).
- Appointment of judges (on the advice of the Council of Ministers).
- Assenting to a bill referred by the Governor (President acts on the advice of the Union Council of Ministers).
- Summoning or dissolving Parliament sessions under normal circumstances (on the advice of the Council of Ministers).
- Making rules for the more convenient transaction of government business (on the advice of the Prime Minister/ Council of Ministers - Article 77(3)).
Election of the President (Electoral College, Process)
The President of India is elected indirectly by 1. an Electoral College (Article 54). The Electoral College comprises: 2.
- Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
- Elected members of the Legislative Assemblies of the States.
- Elected members of the Legislative Assemblies of the National Capital Territory of Delhi and the Union Territory of Puducherry. Members explicitly excluded from the 3. Electoral College are:
- Nominated members of Parliament.
- Nominated members of State Legislative Assemblies.
- Members (elected or nominated) of State Legislative Councils. The Constitution (70th Amendment) Act, 4. 1992, added the Legislative Assemblies of Delhi and Puducherry to the Electoral College for the purposes of Articles 54 and 55. This amendment became effective from June 1, 1995. The election is conducted according to the 5. system of Proportional Representation by means of the Single Transferable Vote (PR by STV) and by secret ballot (Article 55). The value of votes for MLAs and MPs is cal6. culated to ensure uniformity among states and parity between the Union and states. The value of an MLA's vote is determined by: 7. `(Population of the State / Total number of elected MLAs of the State) ÷ 1000`. Only whole multiples of one thousand in the quotient are counted. The value of an MP's vote is determined by: 8. `(Total value of votes of all elected MLAs of all States and UTs / Total number of elected MPs of Parliament)`. The population data used for vote value cal9. culation is based on the 1971 Census. This provision was frozen by the 84th Constitutional Amendment Act, 2001, to remain in effect until the first census taken after the year 2026. The value of an MLA's vote varies from state 10. to state, while the value of an MP's vote is uniform across all elected Members of Parliament (both Lok Sabha and Rajya Sabha). In the 2022 Presidential Election, Puducherry had the minimum value of votes per MLA. For nomination, a candidate must be sub11. scribed by at least 50 electors as proposers and 50 electors as seconders, all from the Electoral College. A security deposit of ₹15,000 is required, 12. which is forfeited if the candidate fails to secure one-sixth of the total valid votes polled. All disputes concerning the election of the 13. President are inquired into and decided exclusively by the Supreme Court, whose decision is final (Article 71). If the Supreme Court declares the election of 14. a President void, any acts done by that person in the exercise of the powers and duties of the office before the date of such declaration remain valid. Neelam Sanjiva Reddy (1977) was the only 15. President of India to be elected unopposed. He did not serve as Vice-President. V.V. Giri (1969) was the only President whose 16. election required the counting of second preference votes. He also appeared before the Supreme Court during his election dispute. State Legislative Assemblies participate in 17. the election of the President but do not form part of the forum for the President's impeachment. A Union Minister is eligible for election as 18. President. However, a person cannot hold the office of President and simultaneously be a member of Parliament or a State Legislature. The UPA candidate for the 2017 Presidential 19. Election was Meira Kumar. For the 2022 Presidential Election, the opposition (including UPA) candidate was Yashwant Sinha. The President makes an oath or affirmation 20. before entering office as per Article 60 of the Constitution.
Emergency Powers (National, State, Financial)
- Emergency provisions contained in Part XVIII (Articles 352-360) of the Constitution.
- National Emergency (Art. 352):
- Grounds: War, External Aggression, Armed Rebellion (introduced by 44th Amdt. Act, 1978, replacing 'internal disturbance').
- Proclamation: By President on written recommendation of Union Cabinet (44th Amdt. Act, 1978).
- Parliamentary Approval: Within 1 month by special majority.
- Duration: 6 months, renewable indefinitely with subsequent 6-month approvals.
- Effects: Fundamental Rights under Art. 20 & 21 cannot be suspended. Centre can give directions on any State matter; Parliament can legislate on State List.
- Proclaimed three times: 1962, 1971, 1975.
- State Emergency / President's Rule (Art. 356 & 365):
- Grounds: Failure of constitutional machinery in a State (Art. 356) or failure to comply with Central directions (Art. 365).
- Proclamation: By President, based on Governor's report or otherwise.
- Parliamentary Approval: Within 2 months by simple majority.
- Duration: 6 months initially, maximum 3 years (with 6-month renewals). Extension beyond one year requires specific conditions (e.g., National Emergency in force or EC certifies elections impossible).
- Effects: President assumes State functions; State Legislative Assembly is dissolved/suspended; Parliament exercises legislative powers for the State.
- Article 357(1)(c): Explicitly empowers the President to authorise expenditure from the Consolidated Fund of the State when the House of the People is not in session, pending Parliament's sanction.
- Subject to judicial review (S.R. Bommai Case, 1994).
- Financial Emergency (Art. 360):
- Grounds: Threat to the financial stability or credit of India or any part thereof.
- Proclamation: By President.
- Parliamentary Approval: Within 2 months by simple majority.
- Duration: Remains in force indefinitely until revoked. No maximum period prescribed.
- Effects: Centre can direct States on financial propriety; reduction of salaries/allowances of all government employees (including SC/HC judges); State Money Bills reserved for President's consideration.
- Never proclaimed till date.
Executive Powers
- The executive power of the Union is vested in the President (Article 53).
- This power is exercised by him either directly or through officers subordinate to him in accordance with the Constitution.
- All executive actions of the Government of India are formally taken in the name of the President.
- He makes rules for the more convenient transaction of the business of the Union government and for the allocation of business among Ministers.
- The President appoints the Prime Minister and other Ministers (on the PM's advice), who hold office during his pleasure.
- He appoints the Attorney General of India, the Comptroller and Auditor General of India, the Chief Election Commissioner and other Election Commissioners, the Chairman and members of the Union Public Service Commission, Governors of States, the Chairman and members of the Finance Commission, etc.
- Appointments requiring the President's warrant under his hand and seal include Judges of the Supreme Court, Judges of High Courts, Governors of States, the Attorney General of India, and the Chairman & members of the UPSC.
- He determines the conditions of service of the Chairman and other members of the Union Public Service Commission.
- He can require the Prime Minister to furnish information relating to the administration of the affairs of the Union and proposals for legislation.
- He can require the Prime Minister to submit for consideration of the Council of Ministers any matter on which a minister has taken a decision but which has not been considered by the Council.
- He appoints commissions to investigate into the conditions of Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
- He can appoint an Inter-State Council to promote Centre-state and inter-state cooperation.
- The President is the Supreme Commander of the Defence Forces of India.
- His supreme command of the Defence Forces is regulated by law, not independent of legislative control.
- He has the power to declare war and conclude peace.
- He can dissolve the Lok Sabha on the advice of the Council of Ministers.
- He appoints the Chairman of a Joint Public Service Commission for two or more States.
Impeachment and Removal Process
- President of India can be removed from office through impeachment.
- Ground for impeachment: Violation of the Constitution (Article 61).
- Impeachment is a quasi-judicial procedure.
- The impeachment process can be initiated in either House of the Parliament (Lok Sabha or Rajya Sabha).
- The resolution to prefer charges must be signed by at least one-fourth (1/4th) of the total members of the House initiating the impeachment.
- A 14-days' prior notice must be given to the President before moving the resolution.
- If the initiating House passes the resolution by a special majority (not less than twothirds of its total membership), it is sent to the other House.
- The other House investigates the charges. The President has the right to appear and be represented during this investigation.
- If, after investigation, the other House also passes the resolution by a special majority (not less than two-thirds of its total membership), the President stands removed.
- The President's removal takes effect from the date the resolution is passed by the second House.
Judicial Powers (including Pardoning Power)
- Art. 72: President's power to grant pardons, reprieves, respites, remissions, suspend, commute sentences.
- Nature of Power: Executive power with quasi-judicial character. Not an appeal. President acts on the advice of the Council of Ministers.
- Scope of Art. 72: Punishment by Court Martial: Applies 1. in all such cases. Offences against Union Law: Applies 2. in all such cases. Death Sentence: President is the only 3. authority who can pardon a death sentence.
- Types of Pardoning Powers: Pardon: Completely absolves the con1. vict from all sentences, punishments, and disqualifications. Commutation: Substitutes one form of 2. punishment for a lighter one (e.g., death sentence to rigorous imprisonment). Remission: Reduces the amount/period 3. of sentence without changing its character (e.g., 2 years rigorous imprisonment to 1 year rigorous imprisonment). Respite: Awards a lesser sentence due 4. to special circumstances (e.g., physical disability, pregnancy of a woman offender). Reprieve: A stay of the execution of a 5. sentence (especially death) for a temporary period.
- Exclusions from Pardoning Power: "Detention" and "Continuation" are not part of these powers.
- Comparison with Governor's Power (Art. 161): Death Sentence: Governor cannot par1. don; can only suspend, remit, or commute. President alone can pardon. Court Martial: Governor has no 2. power; President alone has power. Applicability: President's power ap3. plies to Union laws; Governor's to State laws. For Concurrent list offences, the President's power extends to Union laws and death sentences, while the Governor's extends to State laws.
- Judicial Review: The pardoning power is subject to limited judicial review on grounds of arbitrariness, mala fide intention, irrelevant considerations, or non-application of mind. Confirmed in Epuru Sudhakar v. State of Andhra Pradesh (2006).
- Other Judicial Powers: Appointment of Judges: Appoints Chief 1. Justice and other Judges of Supreme Court and High Courts. Transfer of Judges: Transfers Judges 2. of High Courts (in consultation with the Chief Justice of India). Advisory Opinion: Can seek advisory 3. opinion from the Supreme Court on questions of law or fact (Art. 143). Disqualification of MP: Decides ques4. tions of disqualification of Members of Parliament in consultation with the Election Commission (not at his discretion). Removal of Judges: High Court/Su5. preme Court Judges are removed by the President only after Parliament passes a resolution (does not remove at his own discretion).
Legislative Powers (including Ordinance-Making Power)
- Part of Parliament: The President is an integral part of the Parliament (Article 79).
- Summoning & Prorogation: Summons or prorogues the Houses of Parliament.
- Dissolution: Dissolves the Lok Sabha (not Rajya Sabha).
- Joint Sitting: Summons a joint sitting of both Houses of Parliament (Article 108). Presided over by the Speaker of Lok Sabha.
- Address to Parliament:
- Addresses either House or both Houses jointly.
- Delivers a special address to the joint sitting of Parliament at the commencement of the first session after each general election of the Lok Sabha and at the commencement of the first session of each year (Article 87).
- The President's address is drafted by the Government, which is responsible for its contents.
- Messages to Parliament: Can send messages to either House regarding a Bill or any other matter.
- Nomination of Members:
- Rajya Sabha: Nominates 12 members to the Rajya Sabha from persons having special knowledge or practical experience in literature, science, art, and social service (Article 80(3)).
- Lok Sabha: Historically, could nominate 2 members from the Anglo-Indian community to the Lok Sabha if they were not adequately represented (Article 331). This provision was discontinued by the 104th Constitutional Amendment Act, 2019.
- Nominated members enjoy all powers and privileges as elected members.
- Assent to Bills (Union Parliament):
- Ordinary Bills: Can give assent, withhold assent, or return the Bill for reconsideration of Parliament. If Parliament passes it again (with or without amendments) and presents it to the President, the President must give assent.
- Money Bills: Can give assent or withhold assent. Cannot return a Money Bill for reconsideration (as it's introduced with the President's prior recommendation).
- Constitutional Amendment Bills: Must give assent (cannot withhold or return).
- No time limit specified in the Constitution for the President to give assent to a Union Bill.
- Assent to State Bills (Reserved by Governor, Article 201):
- Can give assent, withhold assent, or direct the Governor to return the Bill (if not a Money Bill) for reconsideration by the State Legislature.
- If the State Legislature re-passes the Bill (with or without amendments) and presents it again to the President (via Governor), the President is NOT bound to give assent.
- There is no time limit for the President to give assent or take action on a Bill reserved for his consideration.
- The President has the power to disallow a Bill of the State Legislature reserved for his consideration.
- Previous Sanction/Recommendation: Required for certain Bills to be introduced or considered:
- Money Bills (Article 117(1)).
- Financial Bills (Article 117(3)).
- Bills for the formation of new states or alteration of boundaries of existing states (Article 3).
- State Bills imposing restrictions upon freedom of trade (Article 304).
- Courts are debarred from invalidating any legislation on the ground that the President's previous sanction/recommendation was not obtained.
- Ordinance-Making Power (Article 123):
- This is a legislative power.
- Can promulgate ordinances when both Houses of Parliament are not in session (or when only one House is in session) and the President is satisfied that circumstances require immediate action.
- An ordinance has the same force and effect as an Act of Parliament.
- Can be retrospective but cannot be issued to amend the Constitution.
- Must be laid before both Houses of Parliament when they reassemble.
- Ceases to operate at the expiration of six weeks from the reassembly of Parliament, or earlier if Parliament passes a resolution disapproving it.
- Maximum life of an ordinance is six months and six weeks (accounting for the maximum gap between two Parliament sessions and the six-week period).
- The President can withdraw (repeal) an ordinance at any time.
- The decision of the President to issue an Ordinance can be questioned in a court on grounds of mala fide.
- Reports to Parliament: Causes certain reports and statements to be laid before Parliament (e.g., Union Finance Commission, CAG, UPSC, National Commissions for SCs, STs, OBCs).
- Disqualification of MPs: Decides questions of disqualification of Members of Parliament (except under anti-defection law) in consultation with the Election Commission (Article 103).
Qualifications, Term, Conditions of Office, and Oath
- Qualifications (Article 58):
- Must be a citizen of India.
- Must have completed 35 years of age.
- Must be qualified for election as a member of the Lok Sabha (House of the People).
- Must not hold any office of profit under the Union, State, or Local Government.
- (Note: President, Vice-President, Governor, and Ministers of Union/State are not considered to hold offices of profit).
- There is no maximum age limit for election.
- Conditions of Office (Article 59):
- Must not be a member of either House of Parliament or a State Legislature. If so, the seat becomes vacant upon entering the President's office.
- Shall not hold any other office of profit.
- Is entitled, without payment of rent, to the use of official residences (Rashtrapati Bhavan).
- Is entitled to emoluments, allowances, and privileges determined by Parliament.
- Emoluments and allowances cannot be diminished during the term of office.
- Term of Office (Article 56):
- Holds office for a term of five years from the date on which he enters upon his office.
- Notwithstanding the expiration of his term, he continues to hold office until his successor enters upon his office.
- Is eligible for re-election to the office for any number of times (e.g., Dr. Rajendra Prasad served two terms).
- Resignation (Article 56(a)):
- May resign from office by writing under his hand addressed to the VicePresident of India.
- The Vice-President must immediately communicate such resignation to the Speaker of the Lok Sabha.
- Removal (Impeachment - Article 61):
- May be removed from office for 'Violation of the Constitution' through an impeachment process.
- Oath or Affirmation (Article 60):
- Administered by the Chief Justice of India (CJI).
- In the absence of the CJI, by the senior-most judge of the Supreme Court available.
- The oath pledges to:
- Faithfully execute the office.
- Preserve, protect and defend the Constitution and the law.
- Devote himself to the service and well-being of the people of India.
- (Note: The oath does NOT include a pledge "to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will" – this is part of the judicial oath).
- Immunity (Article 361):
- The President is not answerable to any court for the exercise and performance of the powers and duties of his office or for any act done in the exercise and performance of those powers and duties.
- No criminal proceedings can be instituted or continued against him during his term of office.
- No process for the arrest or imprisonment of the President can be issued from any court during his term of office.
- Civil proceedings against the President in his personal capacity regarding acts done before entering office or during office (personally) can be instituted after giving two months' prior notice.
Relationship with the Prime Minister and Council of Ministers
- Article 74(1): States there shall be a Council of Ministers (CoM) with the Prime Minister (PM) as its head to aid and advise the President.
- 42nd Amendment Act, 1976: Made the President bound by the advice of the CoM.
- 44th Amendment Act, 1978: Enabled the President to send the CoM's advice back for reconsideration once. If the CoM reiterates the same advice, the President must act in accordance with it.
- Article 75(1): The PM is appointed by the President. Other Ministers are appointed by the President on the PM's advice.
- Appointment of PM: The President appoints the leader of the party or alliance that commands a majority in the Lok Sabha as PM. In cases of no clear majority, the President may use discretion to appoint the leader of the largest party/alliance, asking them to prove majority within a stipulated time.
- Dismissal of Ministers: Ministers hold office during the pleasure of the President, but this pleasure is exercised on the advice of the PM. The President cannot dismiss a Union Minister on their own for misconduct.
- Collective Responsibility (Art. 75(3)): The CoM is collectively responsible to the Lok Sabha.
- Article 78 (Duties of PM):
- a. To communicate to the President all decisions of the CoM relating to the administration of the Union and proposals for legislation.
- b. To furnish such information relating to the administration of the Union and proposals for legislation as the President may call for.
- c. If the President so requires, to submit for the consideration of the CoM any matter on which a Minister has taken a decision but which has not been considered by the CoM.
- President's Limited Discretionary Powers:
- Asking the CoM to reconsider its advice (44th Amendment).
- Appointing the PM when no party has a clear majority in the Lok Sabha.
- Dissolving the Lok Sabha if the CoM has lost the confidence of the House and no alternative government is possible (though usually on PM's advice, discretion exists in specific scenarios).
- Dismissing a CoM that has lost the confidence of the Lok Sabha but refuses to resign.
- The President is part of the Parliament (Art. 79).
- The President must give assent to a Constitutional Amendment Bill (mandated by the 24th Amendment Act, 1971).
- Dr. Rajendra Prasad had famously questioned the binding nature of the CoM's advice on the President before the 42nd Amendment.
- K.R. Narayanan was the President who administered the oath to Atal Bihari Vajpayee as PM in 1998.
- Morarji Desai was administered the oath of office as PM by acting President B.D. Jatti in 1977.
Role in Union Territories and Scheduled/Tribal Areas
- Scheduled Areas (Fifth Schedule, Article 244(1)): President declares any area as a Scheduled Area.
- Scheduled Areas: President can increase/ decrease their area, alter their boundaries, rescind such notification, or make new orders concerning them.
- Union Territories (Article 239): President administers UTs directly through an administrator (e.g., Lt. Governor, Chief Commissioner) appointed by the President.
- Union Territories: President can make regulations for peace, progress, and good governance of certain UTs (e.g., Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu). Such regulations can repeal or amend any Act of Parliament.
- Commissions: President appoints the National Commission for Scheduled Castes (Article 338) and National Commission for Scheduled Tribes (Article 338A).
- Commissions: President can appoint a Commission to investigate the conditions of socially and educationally backward classes (Article 340).
- Armed Forces: President is the Supreme Commander of the Indian Armed Forces.
- Lok Sabha Speaker: The Speaker of the Lok Sabha is elected by the members of the Lok Sabha from amongst themselves, not chosen by the President.
Supreme Court's Advisory Jurisdiction to the President (Article 143)
- Article 143 empowers the President of India to consult the Supreme Court.
- Only the President can seek an advisory opinion from the Supreme Court.
- The President can refer two categories of matters to the Supreme Court for its advisory opinion:
- On any question of law or fact of public importance which has arisen or is likely to arise. (SC may tender its opinion)
- On any dispute arising out of any preconstitutional treaty, agreement, etc. (SC must tender its opinion)
- The opinion given by the Supreme Court is only advisory and not binding on the President.
Vacancies in the Office of President
- The office of the President can fall vacant in the following ways:
- By expiration of the five-year term.
- By resignation (Article 56(1)(a)).
- By removal through impeachment (Article 56(1)(b)).
- By death.
- When his/her election is declared void by the Supreme Court.
- The President addresses his/her resignation in writing to the Vice-President of India (Article 56(1)(a)).
- The Vice-President communicates the President's resignation to the Speaker of the Lok Sabha (Article 56(2)).
- An election to fill a vacancy caused by the expiration of the term of office of the President must be completed before the expiration of the term (Article 62(1)).
- An election to fill a vacancy in the office of the President occurring by reason of his death, resignation, removal, or otherwise, must be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy (Article 62(2)).
- The person elected to fill a casual vacancy holds office for a full term of five years from the date he/she enters upon office (Article 62(3)).
- In case of vacancy due to death, resignation, removal, or otherwise, the Vice-President acts as President until a new President is elected and enters office (Article 65(1)).
- If the office of both President and VicePresident falls vacant simultaneously, the Chief Justice of India (CJI) acts as President (Presidential (Discharge of Functions) Act, 1969).
- If the office of the CJI is also vacant, the seniormost Judge of the Supreme Court available acts as President (Presidential (Discharge of Functions) Act, 1969).
- Justice M. Hidayatullah was the first Chief Justice of India to act as the President of India (1969).
Veto Powers (Absolute, Suspensive, Pocket)
- Veto Powers of the Indian President: President has Absolute, Suspensive, and Pocket veto powers under Article 111.
- Absolute Veto:
- Withholding of assent to a bill.
- Applicability:
- Private Member's Bills.
- Government Bills when a cabinet resigns after the bill is passed but before President's assent, and the new cabinet advises withholding assent.
- State Bills reserved by the Governor for President's consideration (Art 201).
- Example: Dr. Rajendra Prasad used it for the PEPSU Appropriation Bill (1954).
- Suspensive Veto:
- Returning a bill for reconsideration by Parliament (Art 111).
- If Parliament passes the bill again (with or without amendments) by an ordinary majority, the President must give assent.
- Not applicable to: Money Bills (President cannot return for reconsideration) and Constitutional Amendment Bills (President must give assent per 24th Amendment Act, 1971).
- For State Bills (Art 201): President can direct the Governor to return the bill. If the State Legislature re-passes it, the President is not bound to give assent and can withhold assent again or keep it pending indefinitely.
- Example: K.R. Narayanan returned the Uttar Pradesh Reorganisation Bill, 2000 and the Punjab Termination of Agreements Bill, 1995.
- Pocket Veto:
- President neither ratifies, rejects, nor returns the bill. Keeps it pending indefinitely.
- Reason: The Indian Constitution prescribes no time limit for the President to give assent or return a bill (Art 111).
- Objective: A check and balance between the President and Parliament.
- Example: Giani Zail Singh used it for the Indian Post Office (Amendment) Bill, 1986. This is the most famous instance.
- Money Bills: Can be withheld (Absolute Veto), but cannot be returned for reconsideration (no Suspensive Veto). Require President's prior recommendation for introduction.
- Constitutional Amendment Bills: President must give assent (24th Amendment Act, 1971). No veto power.
- Qualified Veto: Not possessed by the Indian President. This power allows the legislature to override the veto with a higher majority (e.g., US President).
- State Legislation (reserved by Governor, Art 201): The President has significant power: can withhold assent (Absolute Veto) or return for reconsideration. If the State Legislature re-passes it, the President is not bound to give assent, unlike for Union bills.
19. The Vice-President
Practice MCQs: The President
Constitutional Position and Significance
Statements: There are certain other functions which the President is required to perform under the Constitution in relation to the Parliament. Conclusions: I. The President performs most of the functions of the Parliament. II. It is only the Parliament in relation to which the President can function.
Asked in: GPSC Prelims CSP 1 2021
- If only I alone follows the statement(s)
- If only II alone follows the statement(s)
- If both I and II follow the statement(s)
- If neither I nor II follow the statement(s)
Show answer
Answer: D. If neither I nor II follow the statement(s)
Statement: "There are certain other functions which the President is required to perform under the Constitution in relation to the Parliament." This statement indicates that the President has some functions (described as "certain other functions") related to the Parliament. It does not quantify these functions (i.e., whether they are most or few), nor does it limit the President's functions only to those related to Parliament. - Conclusion I: "The President performs most of the functions of the Parliament." This is a misinterpretation. The statement says the President performs functions in relation to the Parliament, not that the President performs the Parliament's functions. The President's functions (e.g., summoning sessions, assenting to bills) are distinct from the Parliament's functions (e.g., making laws, scrutinizing the executive). Even if it meant 'most of the President's functions are related to Parliament', the statement only says "certain other functions", which doesn't imply "most". Therefore, Conclusion I does not follow. - Conclusion II: "It is only the Parliament in relation to which the President can function." This is a restrictive statement. The original statement says "certain other functions... in relation to the Parliament", implying that these are additional functions. This phrasing ("certain other functions") suggests there are other functions the President performs, potentially in relation to other bodies or independently. The statement does not claim that all the President's functions are related to Parliament. Therefore, Conclusion II does not follow.
Consider the following statements: (i) The President of India is elected by the system of direct elections. (ii) The President of India is the Nominal Head of the State. Which of the above statement are true?
Asked in: TNPSC CS Prelims 2024
- (i) only
- (ii) only
- Both (i) and (ii)
- None of the above
Show answer
Answer: B. (ii) only
This question tests fundamental knowledge about the election method of the Indian President and their position as the head of state in India's parliamentary system.
According to the Constitution of India, who among the following is the Head of the State ?
Asked in: UKPSC CS Prelims 2024
- Prime Minister
- President
- Home Minister
- Vice-President
Show answer
Answer: B. President
According to the Constitution of India, the President is the constitutional Head of the State. All executive actions of the Union Government are formally taken in his or her name (Article 77). The President is the first citizen of India and the supreme commander of the Indian Armed Forces (Article 53).
The first citizen of the Republic of India is
Asked in: WBPSC CS Prelims 2017
- the Chief Justice of the Supreme Court.
- the President of India.
- the Prime Minister of India.
- the Speaker of the Lok Sabha.
Show answer
Answer: B. the President of India.
The President of India holds the position of the first citizen of the country.
Given below are two statements: Statement- I : The Union Executive is headed by the President of India. Statement-II : There arc no limitations on the power of the President. In the context of the above which are off the following is correct?
Asked in: UPPSC Upper Mains 2012
- Both (A) and (R) are true and (R) is the correct explanation of (A).
- Both (A) and (R) are true, but (R) is not the correct explanation of (A).
- (A) is true, but (R) is false.
- (A) is false, but (R) is true.
Show answer
Answer: C. (A) is true, but (R) is false.
- Statement-I: The Union Executive is headed by the President of India. This is true as per Article 53(1) of the Constitution, which 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-II: There are no limitations on the power of the President. This is false. The President's powers are not absolute. The President is required to act on the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74). The Constitution also provides for checks and balances, such as impeachment by Parliament, judicial review of Presidential actions, and the democratic process itself, which limit the President's powers.
Which of the following types of authorities are attributed to the President of India? 1. Real and Popular 2. Titular and Dejure 3. Political and Nominal 4. Constitutional and Nominal Select the correct answer from the codes given below:
Asked in: UPPSC Upper Mains 2006
- 1 and 3
- 2 and 3
- 1 and 4
- 2 and 4
Show answer
Answer: D. 2 and 4
In India's parliamentary system, the President is the head of state (nominal executive), while the Prime Minister is the head of government (real executive). The President's powers are exercised constitutionally on the advice of the Council of Ministers.
"He represents the nation but does not lead the nation"- This dictum applies on whom of the following?
Asked in: UPPSC Upper Mains 2007
- Speaker of the Lok Sabha
- President
- Prime Minister
- Chief Justice of India
Show answer
Answer: B. President
- The President is the Head of State and represents the Republic of India. - The President is the symbol of the nation's unity, integrity, and solidarity. - However, the President is the nominal executive head. The real executive authority is vested in the Council of Ministers headed by the Prime Minister, who is the Head of Government and leads the nation in political and administrative terms.
Discretionary Powers of the President
Which is not the discretionary power of the President of India ?
Asked in: OPSC CS Prelims 2018
- Suspensive Veto
- Pocket Veto
- To decide the day to day administrative de‐ cisions in case of caretaker government
- Summon and dissolve Parliament Sessions
Show answer
Answer: C. To decide the day to day administrative de‐ cisions in case of caretaker government
In India's parliamentary system, the President acts on the aid and advice of the Council of Ministers (Article 74). Day-to-day administrative decisions are the responsibility of the Executive, i.e., the Council of Ministers headed by the Prime Minister, not the President. Even in the case of a caretaker government, the outgoing Council of Ministers continues in office until a new government is formed, and they handle the administration, albeit with limitations on major policy decisions. The President does not take over administrative functions.
Election of the President (Electoral College, Process)
The first President of India to be elected unopposed was
Asked in: APSC CCE Prelims Exam 2001
- S. Radhakrishnan
- Dr.Rajendra Prasad
- N. Sanjiva Reddi
- V.V. Giri
Show answer
Answer: C. N. Sanjiva Reddi
Following the death of President Fakhruddin Ali Ahmed in 1977, N. Sanjiva Reddi was unanimously elected as the sixth President of India, becoming the only President to be elected without opposition.
Who was the candidate of the United Progressive Alliance (UPA) in 15th Presidential Election in India?
Asked in: BPSC Prelims Exam 67th Re Exam
- Shatrughan Sinha
- Droupadi Murmu
- Shankar Agarwal
- Yashwant Sinha
Show answer
Answer: D. Yashwant Sinha
- The 15th Presidential Election was held in 2022. - Yashwant Sinha was the common candidate of the opposition parties, including the UPA. - Droupadi Murmu was the candidate of the ruling NDA.
Which one of the following methods is followed in electing the President of India?
Asked in: UPSC CDS 1 2022
- Proportional Representation only
- First-Past-the-Post System only
- Proportional Representation and the Single Transferable Vote System
- Proportional Representation and the First-Past- the-Post System
Show answer
Answer: C. Proportional Representation and the Single Transferable Vote System
The President of India is elected using the Proportional Representation by means of the Single Transferable Vote system.
Which one of the following statements about the election of the President of India is not correct?
Asked in: UPSC CDS 1 2023
- A Union Minister shall not be eligible for election as the President.
- The President is elected by the elected members of the Parliament and the Legislative Assemblies of States and Union Territories.
- The Electoral College does not include elected members of the Legislative Councils.
- The system of proportional representation by means of single transferable vote is followed.
Show answer
Answer: A. A Union Minister shall not be eligible for election as the President.
- A Union Minister is eligible to contest the Presidential election. - If elected, they must resign from their ministerial position.
Which one of the following best describes the electoral system to elect the President of India ?
Asked in: UPSC CDS 2 2022
- Proportional Representation
- Proportional Representation and Single Transferable Vote System
- First-Past-the-Post System
- List System
Show answer
Answer: B. Proportional Representation and Single Transferable Vote System
Proportional Representation ensures that the voting strength of states (based on population) and Members of Parliament is balanced. The Single Transferable Vote system is a preferential voting system where a voter ranks candidates in order of preference. Votes are transferred from candidates with surplus votes or those eliminated until a candidate achieves the required quota.
Which of the following President was appeared before Supreme Court, when Supreme Court was hearing election dispute of the President ?
Asked in: CGPSC Prelims Exam 2016
- Dr. Zakir Hussain
- V. V. Giri
- Fakharuddin Ali Ahmad
- Neelam Sanjiva Reddy
Show answer
Answer: B. V. V. Giri
In 1969, the election of V. V. Giri as the President of India was challenged in the Supreme Court. During the hearing of the election petition, V. V. Giri appeared before the Supreme Court as a witness to testify in his own case. This was a unique and significant event in the history of the Indian presidency and the Supreme Court.
What is not true in relation to election of President?
Asked in: CGPSC Prelims Exam 2022
- Provision for process of election of President is described in Article 55 of Indian Constitution
- At nomination stage a candidate has to submit the signed list of 50 proposers and 50 seconders
- Value of votes of members of State Legislature is based on the population of respective States and it's based on 1971 Census data
- None of the above
Show answer
Answer: D. None of the above
The election of the President is an indirect election conducted by an electoral college according to the system of proportional representation by means of the single transferable vote. Key aspects include proposer/seconder requirements and the formula for vote value calculation using 1971 census data.
Emergency Powers (National, State, Financial)
In which of the following Article of the Indian Constitution, it has been mentioned that "for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament"?
Asked in: Senior Physical Education Teacher Exam 2022
- Article 356 (1)(a)
- Article 356 (1)(b)
- Article 357 (1)(c)
- Article 360 (1)(b)
Show answer
Answer: A. Article 356 (1)(a)
Article 356 is related to the President's rule in a state. This particular sub-clause deals with a specific financial contingency that might arise when the state legislature is not functioning and the Parliament is not in session.
Executive Powers
Consider the following Assertion (A) and Reason (R) and choose the correct code : Assertion (A) : The President is the executive power of the Union. Reason (R) : 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. Code :
Asked in: APPSC Group 1 Prelims 2023
- Both (A) and (R) are true and (R) is the correct explanation of (A).
- Both (A) and (R) are true, but (R) is not the correct explanation of (A).
- (A) is true, but (R) is false.
- (A) is false, but (R) is true.
Show answer
Answer: A. Both (A) and (R) are true and (R) is the correct explanation of (A).
- Assertion (A): "The President is the executive power of the Union." This statement is inaccurate. The executive power of the Union is vested in the President, as stated in Article 53(1), but the President is the head of the executive, not the executive power itself. - Reason (R): "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." This is a direct quote from Article 53(1) of the Constitution and is factually correct.
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.
Asked in: UPSC CDS 1 2017
- 1, 2 and 3
- 1 and 2 only
- 1 and 3 only
- 3 only
Show answer
Answer: A. 1, 2 and 3
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.
An inter-state council may be established by
Asked in: CGPSC Prelims Exam 2019
- The Parliament
- The President
- The National Development Council
- The Zonal Council
Show answer
Answer: B. The President
Article 263 of the Indian Constitution empowers the President of India to establish an Inter-State Council if it appears to him that the public interests would be served by its establishment.
Choose the correct alternative : The Chairman of a Joint Public Service Commission for two or more States is appointed by
Asked in: RPSC RAS Prelims 2016
- The Governor of the largest State
- The President of India
- A Committee of Governors of all the States concerned
- The President of India on the recommenda‐ tion of the Governors concerned
Show answer
Answer: B. The President of India
- JSPSCs are created by an Act of Parliament, unlike State PSCs which are created by the Constitution. - Appointment authority for JSPSC Chairman and members lies with the President, unlike State PSCs where it's the Governor. - Their term of office and removal process are also similar to Union Public Service Commission members and different from State PSC members.
Who is the Supreme Commander of the Indian Armed Forces ?
Asked in: UPSC CAPF 2015
- President
- Prime Minister
- Defence Minister
- Longest serving Chief of Staff
Show answer
Answer: A. President
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.
Consider the following powers of the President of India : 1. The executive powers of the Union 2. The power to grant pardon and remit punishment 3. The supreme commander of the Defence forces of the Union Which of the above powers is/are correct ?
Asked in: UPSC Combined Section Officer 2021 22
- 1 only
- 1 and 2 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: D. 1, 2 and 3
The President of India holds extensive executive, legislative, judicial, financial, diplomatic, military, and emergency powers, although most are exercised on the aid and advice of the Council of Ministers headed by the Prime Minister.
The President of India can dissolve the Lok Sabha on the advice of the
Asked in: UPSC Combined Section Officer 2021 22
- Council of Ministers
- Chief Justice of India
- Speaker of Lok Sabha
- Election Commission of India
Show answer
Answer: A. 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)).
Impeachment and Removal Process
Which of the following can initiate the process of impeachment of the President of India?
Asked in: APSC CCE Prelims Exam 2011 · APSC CCE Prelims Exam 2015
- Any House of the Parliament
- The Lok Sabha alone
- The Rajya Sabha alone
- The Supreme Court of India
Show answer
Answer: A. Any House of the Parliament
Impeachment is a quasi-judicial process by which a high official, like the President, can be removed from office for "violation of the Constitution." The process requires significant legislative support and ensures that the President is not removed on frivolous grounds.
Which of the following statement(s) is/are correct regarding the President of India?
Asked in: GPSC Prelims CSP 1 2022
- A person shall not be eligible for election as President if he holds any office of profit under the Union and state governments but he can have under Local governments.
- Not less than one-fourth of the total number of members of the House has been given of their intention to move an impeachment mo‐ tion.
- Both (A) and (B)
- Neither (A) nor (B)
Show answer
Answer: B. Not less than one-fourth of the total number of members of the House has been given of their intention to move an impeachment mo‐ tion.
- Statement (A): Article 58(2) specifies that a person is not eligible for election as President if they hold any office of profit under the Government of India, the Government of any State, or under any local or other authority subject to the control of any of the said Governments. The statement incorrectly suggests that holding office under local governments is permissible. - Statement (B): Article 61(2) regarding the procedure for impeachment states that no such resolution (for impeachment) shall be moved unless - (a) the proposal to prefer such a charge is contained in a resolution which has been moved after a notice in writing of not less than fourteen days has been given of the intention to move the resolution, signed by not less than one-fourth of the total number of members of the House by which the resolution is to be moved. This statement accurately describes the requirement for initiating the impeachment motion.
Which of the following statement/s is / are correct in respect of Impeachment of Indian President? (i) The President of India is to be impeached for violation of the Constitution. (ii) The charges against the President shall be preferred by Lok Sabha only. (iii) Rajya Sabha only shall investigate the charges against President. (iv) There is no provision of impeachment of President of India in Indian Constitution.
Asked in: OPSC CS Prelims 2021
- (ii) only
- (ii) and (iii)
- (i) only
- (i) and (iii)
Show answer
Answer: C. (i) only
- Impeachment of the President is for 'violation of the Constitution'. - The process requires a resolution initiated by either House, signed by 1/4th members. - The resolution must be passed by a majority of not less than 2/3rd of the total membership of that House. - The other House investigates the charge. - If the investigating House also passes a resolution by a majority of not less than 2/3rd of the total membership of the House declaring that the charge has been sustained, the President is removed from office from the date on which the resolution is so passed.
The Impeachment of Indian President in the Parliament is a
Asked in: OPSC CS Prelims 2023
- Political Procedure
- Legal Procedure
- Quasi-judicial Procedure
- None of these
Show answer
Answer: C. Quasi-judicial Procedure
A quasi-judicial procedure is a process involving elements of both judicial and administrative or political actions, typically conducted by a non- judicial body, which requires it to act in a manner similar to a court in specific areas, such as investigating charges or hearing parties.
The procedure of Impeachment of the President of India is
Asked in: RPSC RAS Prelims 2016
- Judicial Procedure
- Quasi-Judicial Procedure
- Legislative Procedure
- Executive Procedure
Show answer
Answer: B. Quasi-Judicial Procedure
The impeachment procedure of the President of India is outlined in Article 61 of the Constitution. It involves specific charges (violation of the Constitution), investigation, and voting by Parliament. - While the process is carried out by the Parliament (a legislative body), it involves elements that resemble a judicial process. - Charges are framed, evidence may be examined, the President has the right to appear and be represented, and the process requires specific majorities in both Houses. - It is not a purely legislative act like passing a bill, nor is it a purely judicial trial conducted by a court of law. - The term "Quasi-Judicial" is used to describe procedures conducted by bodies that are not courts but have powers to make decisions that affect the rights of individuals, often involving hearings and investigation akin to judicial proceedings. The impeachment process fits this description.
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
Asked in: UPSC CAPF 2014
- 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
Show answer
Answer: B. Both the 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.
The Impeachment of the President of India can be initiated in
Asked in: WBPSC CS Prelims 2019 · WBCS Main Paper 5 2023
- either House of the Parliament.
- a joint sitting of both the Houses of the Par‐ liament.
- the Lok Sabha alone.
- the Rajya Sabha alone.
Show answer
Answer: A. either House of the Parliament.
The charge for impeachment can be preferred by either the Lok Sabha or the Rajya Sabha.
Judicial Powers (including Pardoning Power)
Match the following : a. Re‐ I. Reduce the amount of sentence prieve without changing its character II. Substitute one form of punishb. Respite ment for other of a lighter character c. Remis‐ III. Awarding lesser sentence sion d. Com‐ IV. A stay of execution of sentence mutation Codes: a b c d
Asked in: APPSC Group 1 Prelims 2018
- IV III I II
- I II III IV
- IV II III I
- III I II IV
Show answer
Answer: A. IV III I II
The President's power to grant pardons, reprieves, respites, remissions, and commutations of punishment is a significant executive power under Article 72 of the Constitution. Understanding the nuances of each of these terms is crucial.
Match the following : a. Re‐ Reduce the amount of sentence I. prieve without changing its character Substitute one form of punishb. Respite II. ment for other of a lighter character c. Remis‐ III. Awarding lesser sentence sion d. Com‐ IV. A stay of execution of sentence mutation
Asked in: APSC CCE Prelims Exam 2018
- (1) IV III I II
- (2) I II III IV
- (3) IV II III I
- (4) III I II IV
Show answer
Answer: A. (1) IV III I II
The pardoning powers of the President (Article 72) and Governor (Article 161) include Reprieve, Respite, Remission, and Commutation. Reprieve is a stay of execution of a sentence. Respite is awarding a lesser sentence due to special circumstances. Remission is reducing the amount/period of sentence without changing its character. Commutation is substituting a heavier punishment with a lighter one.
Regarding the pardoning powers, choose the correct answer. (1) Under the Indian Constitution, the pardoning power of the President and Governor are one and the same. (2) For offences made under Concurrent lists, without the State role, President alone has the pardoning power. (3) The only authority for pardoning a sentence of death is the President. (4) As regards suspension, remission, the Governor does not have a concurrent jurisdiction with the President.
Asked in: APSC CCE Prelims Exam 2018
- (1)
- (2)
- (3)
- (4)
Show answer
Answer: C. (3)
Statement (3) is correct: The President is the only authority with the power to pardon a sentence of death under the Indian Constitution (Article 72). While a Governor can commute or reprieve a death sentence (under State law), the power to grant a full pardon for a death sentence is reserved exclusively for the President.
Which Article of Indian Constitution mention about President's power of pardon ?
Asked in: HPPSC HPAS Prelims 2018
- Article 52
- Article 62
- Article 72
- Article 82
Show answer
Answer: C. Article 72
Article 72 grants the President 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.
Which of the following statements regarding the pardoning power of the President is/are correct ?
Asked in: KPSC KAS Prelims 2015
- He has the pardoning power in respect of a sentence by a court martial.
- He can grant reprieve and respite in case of punishment for an offence against any law of the land, Union or State.
- He alone can pardon a sentence of death. Select the code for the correct answer from the options given below : A. A only B. C only C. A and C only
- A, B and C
Show answer
Answer: D. A, B and C
- Statement A is correct: Article 72(1)(c) explicitly grants the President pardoning power in all cases where the sentence is by a Court Martial. - Statement B is correct: Article 72(1)(a) gives power regarding offences against laws relating to matters to which the executive power of the Union extends. Article 72(1)(b) covers all cases where the sentence is a death sentence. Since death sentences can be awarded under State laws, and the President has power regarding death sentences (including reprieve and respite), the President can grant reprieve and respite in case of punishment for offences against some laws of the land (Union laws and State laws leading to death sentence). The broad phrasing "in case of punishment" rather than "all punishments" makes this statement correct. - Statement C is correct: While Governors (under Article 161 and CrPC 1973) have powers to suspend, remit, or commute death sentences awarded under State law, the power to pardon a death sentence rests exclusively with the President of India.
Which one of the following statements relating to the power of the President of India to grant pardon is not correct?
Asked in: UPSC CAPF 2018
- The President has the power to grant pardon where punishment or sentence is by a Court Mar‐ tial.
- 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.
Show answer
Answer: 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.
Which one of the following powers has **not** been conferred on the President of India?
Asked in: UPSC CAPF 2021
- 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
Show answer
Answer: B. To decide at his/her discretion any question regarding disqualification of a Member of the Parliament
- 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).
Legislative Powers (including Ordinance-Making Power)
Regarding the powers of the President, which of the following is correct ?
Asked in: APPSC Group 1 Prelims 2018
- No previous sanction is required or recom‐ mendation of the President for introducing any legislation on any matter.
- Courts are debarred from invalidating any legislation on the ground that the President's previous sanction was not obtained.
- A money bill can be returned for re-considera‐ tion.
- President does not have the power of disallow‐ ance of a bill of the State legislature, which may have been reserved for his consideration by the Governor of the State.
Show answer
Answer: B. Courts are debarred from invalidating any legislation on the ground that the President's previous sanction was not obtained.
- The President's previous sanction or recommendation is required for specific legislative proposals. - Courts are generally reluctant to invalidate laws solely on the procedural ground of the President's sanction not being obtained. - Money bills have special provisions for Presidential assent, including recommendation rather than outright return for reconsideration. - The President possesses the power to disallow State legislation reserved for his assent.
Regarding the powers of the President, which of the following is correct? No previous sanction is required or recommendation of the President for introducing any legislation on any matter. Courts are debarred from invalidating any legislation on the ground that the President's previous sanction was not obtained. A money bill can be returned for re-consideration. President does not have the power of disallowance of a bill of the State legislature, which may have been reserved for his consideration by the Governor of the State.
Asked in: APPSC Group 1 Prelims 2018
- No previous sanction is required or recom‐ mendation of the President for introducing any legislation on any matter.
- Courts are debarred from invalidating any legislation on the ground that the President's previous sanction was not obtained.
- A money bill can be returned for re-considera‐ tion.
- President does not have the power of disallow‐ ance of a bill of the State legislature, which may have been reserved for his consideration by the Governor of the State.
Show answer
Answer: B. Courts are debarred from invalidating any legislation on the ground that the President's previous sanction was not obtained.
- President's recommendation/sanction is required for specific types of bills (e.g., Money Bill, Financial Bill I). - Article 255 prevents courts from invalidating legislation solely due to lack of prior sanction if assent is given. - President cannot return a Money Bill for reconsideration (Article 111). - President has the power to withhold assent to a state bill reserved for consideration (Article 201).
The President of India does not deny his consent to a Money Bill because
Asked in: APSC CCE Prelims Exam 2013
- it is urgent in nature
- it is initiated by the Finance Minister
- it is initiated by the recommendation of the President
- it is initiated in the Lok Sabha
Show answer
Answer: C. it is initiated by the recommendation of the President
According to Article 117(1) of the Constitution, a Money Bill can only be introduced in the Lok Sabha on the recommendation of the President.
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 :
Asked in: UPSC CDS 1 2016
- 1 and 2
- 1 and 4 only
- 3 and 4 only
- 1, 3 and 4
Show answer
Answer: 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.
Which one of the following is not a category under which the President of India nominates Members of Parliament ?
Asked in: UPSC CDS 2 2022
- Literature*
- Science
- Art
- State Service
Show answer
Answer: D. State Service
- The nomination aims to provide representation in the Rajya Sabha to distinguished persons who might not otherwise be elected. - The categories specified in the Constitution are exhaustive for the purpose of nomination under this provision.
Which of this is the legislative power of the President according to constitution ?
Asked in: CGPSC Prelims Exam 2018
- To summon the session of Parliament
- To prorogate the session of Parliament
- To adjourn the meeting of Parliament
- To promulgate ordinance
Show answer
Answer: D. To promulgate ordinance
Article 123 of the Constitution empowers the President to promulgate ordinances when Parliament is not in session and he is satisfied that 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 in nature.
Which of the following statements are correct regarding the legislative powers of the President of India? 1. The President has the power to promulgate Ordinances during recess of Parliament and may promulgate such Ordinance as the circumstances appear to him to require 2. An Ordinance promulgated by the President shall have the same force and effect as an Act of Parliament 3. But every such Ordinance shall be laid before both Houses of Parliament and shall cease to operate at the expiration of three weeks from the reassembly of Parliament. 4. Once promulgated, an ordinance can't be withdrawn at any time by the President
Asked in: GPSC Prelims CSP 1 2019
- 1, 2 and 3 only
- 1 and 2 only
- 1 and 3 only
- 1, 2, 3 and 4
Show answer
Answer: B. 1 and 2 only
- Statement 1 is correct: Article 123 of the Constitution empowers the President to promulgate Ordinances during the recess of Parliament if the circumstances appear to him to require immediate action. - Statement 2 is correct: An Ordinance promulgated under Article 123 has the same force and effect as an Act of Parliament. - Statement 3 is incorrect: An Ordinance must be laid before both Houses of Parliament when they reassemble. It ceases to operate at the expiration of six weeks (not three weeks) from the reassembly of Parliament, or if both Houses pass resolutions disapproving it earlier. - Statement 4 is incorrect: The President has the power to withdraw an Ordinance at any time. The statement says it can't be withdrawn, which is false.
Qualifications, Term, Conditions of Office, and Oath
Who administers the Oath of Office for the President of India and the Governor of a State respectively?
Asked in: APSC CCE Prelims Exam 2014
- The Speaker of the Lok Sabha and the Speaker of the State Legislative Assembly
- The Solicitor General of India and the Advocate General of the State
- The Chief Justice of the Supreme Court of India and the Chief Justice of High Court of the State
- None of them
Show answer
Answer: C. The Chief Justice of the Supreme Court of India and the Chief Justice of High Court of the State
The President is administered the oath by the Chief Justice of India; the Governor is administered the oath by the Chief Justice of the concerned High Court.
The Indian President is eligible for re- election for how many times?
Asked in: BPSC Prelims Exam 67th Re Exam
- Twice
- Thrice
- Any number of times
- Once
Show answer
Answer: C. Any number of times
- Article 57 of the Indian Constitution deals with the eligibility for re-election of the President. - It explicitly states that a person is eligible for re- election. - There is no constitutional limit mentioned on the number of times a President can be re- elected.
According to the Constitution of India, which one of the following statements is not correct?
Asked in: UPSC CDS 1 2022
- 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 elector‐ al college consisting of all Members of Parlia‐ ment 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.
Show answer
Answer: C. The President of India is elected by an elector‐ al college consisting of all Members of Parlia‐ ment and all Members of all State Legislatures.
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).
Which provision of the Constitution of India provides that the President shall not be answerable to any Court in India for the exercise of powers of his office ?
Asked in: UPSC CDS 2 2019
- Article 53
- Article 74
- Article 361
- Article 363
Show answer
Answer: C. Article 361
This article provides personal immunity to the President and Governors against criminal proceedings and civil proceedings (with conditions) for their official acts.
Which one among the following statements pertaining to the President's term of office is not correct?
Asked in: UPSC CDS 2 2020
- The President holds office for a term of five years.
- The President may be removed from the office by way of impeachment.
- The President may resign before the expiration of his/her term by writing to the Speaker of the Lok Sabha.
- The President shall, notwithstanding the expir‐ ation of his/her term, continue to hold office until his/her successor enters upon his/her office.
Show answer
Answer: C. The President may resign before the expiration of his/her term by writing to the Speaker of the Lok Sabha.
The President addresses his/her resignation to the Vice-President, and the Vice-President is required to immediately communicate this fact to the Speaker of the House of the People (Lok Sabha).
To whom does the President of India submit his resignation ?
Asked in: CGPSC Prelims Exam 2012
- Vice-President
- Chief Justice
- Speaker of Lok Sabha
- Prime Minister
Show answer
Answer: A. Vice-President
The President's resignation is formally submitted to the Vice-President.
The President has to make and subscribe to an oath or affirmation administered to him by the Chief Justice of India, before entering upon his office. The oath does not include which of these statements?
Asked in: GPSC Prelims CSP 1 2024
- To faithfully execute the office
- To devote himself to the service and well- being of the people of India
- To preserve, protect and defend the Constitution and the law
- To do right to all manner of people in accord‐ ance with the Constitution and the law, without fear or favour, affection or ill-will
Show answer
Answer: D. To do right to all manner of people in accord‐ ance with the Constitution and the law, without fear or favour, affection or ill-will
The form of the oath for the President of India is specifically laid down in Article 60 of the Constitution.
Relationship with the Prime Minister and Council of Ministers
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 ?
Asked in: UPSC CDS 1 2016
- 1 and 3 only
- 2 and 3 only
- 1 and 2 only
- 1, 2 and 3
Show answer
Answer: B. 2 and 3 only
- 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.
On which matter, it is not essential to take advise from council of ministers for President ?
Asked in: CGPSC Prelims Exam 2015
- Appointment of Ambassadors
- To assent on bills
- To assent on bills referred from Governors
- To dissolve Loksabha
Show answer
Answer: B. To assent on bills
Areas of potential Presidential discretion in India primarily relate to situations involving political instability, such as appointing a Prime Minister when no single party has a clear majority, dismissing a government that has lost confidence, or dissolving the Lok Sabha when the government has lost its majority.
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?
Asked in: UPSC CAPF 2010
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: A. 1 only
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.
Which one of the following statements is not correct regarding the President of India ?
Asked in: UPSC Combined Section Officer 2021 22
- The President of India is part of the Parlia‐ ment.
- 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.
Show answer
Answer: 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.
Who among the following said that – “There is no provision in the Constitution which in so many words lay down that the President shall be bound to act in accordance with the advice of his Council of Ministers.”
Asked in: Protection Officer 2022
- Dr. Bhim Rao Ambedkar
- Sardar Vallabhbhai Patel
- Shri K.R. Narayanan
- Dr. Rajendra Prasad
Show answer
Answer: A. Dr. Bhim Rao Ambedkar
This question probes the understanding of the debates and interpretations surrounding the President's powers and his relationship with the Council of Ministers during the formative years of the Indian Constitution. Dr. Ambedkar, as the Chairman of the Drafting Committee, provided crucial insights into the framers' intentions.
Which one of the following Presidents of India, administered Oath to Atal Bihari Vajpayee as the Prime Minister of India in 1998?
Asked in: Sr. Teacher Gr II (Sanskrit Edu.) Exam 2018 1 2018 · Sr. Teacher Gr II (Sanskrit Edu.) Exam 2018 2 2018
- K.R. Narayanan
- A.P.J. Abdul Kalam
- R. Venkataraman
- Shankar Dayal Sharma
Show answer
Answer: D. Shankar Dayal Sharma
The President of India administers the oath of office to the Prime Minister.
According to Article 75(1) of the Constitution of India, the Prime Minister shall be - (1) appointed - (2) nominated - (3) selected - (4) elected
Asked in: Sr. Teacher Gr II (Sanskrit Edu.) Exam 2018 1 2018 · Sr. Teacher Gr II (Sanskrit Edu.) Exam 2018 2 2018
- (1) and (2)
- (1) and (4)
- (2) and (3)
- (3) and (4)
Show answer
Answer: A. (1) and (2)
Article 75(1) of the Constitution of India states that the Prime Minister shall be appointed by the President. While the Prime Minister is appointed by the President, the selection of the candidate is based on the majority support in the Lok Sabha, and the leader of the majority party or coalition is typically chosen by their party. The term 'nominated' is not explicitly used in the Constitution for the appointment of the Prime Minister by the President, which makes this question and its options problematic. However, in a multiple-choice context, if (1) is correct, and (4) is incorrect, option A which pairs (1) with (2) might be the intended answer, implying a broader interpretation of 'nominated' in the context of the President inviting a candidate to form the government.
Role in Union Territories and Scheduled/Tribal Areas
Who can alter the boundary of a Scheduled Area?
Asked in: APPSC Group II Prelims 2016
- The President
- The Parliament
- The Governor
- The State Assembly
Show answer
Answer: A. The President
The power to declare, alter, increase, or diminish the boundaries of Scheduled Areas is vested solely with the President of India.
Which of the following statements is not correct?
Asked in: WBCS Main Paper 5 2021 · WBCS Main Paper 5 2023
- The President is the head of military forces in India.
- The President can appoint a Commission to investigate into the conditions of SCs and STs.
- The President can declare any area as a Scheduled Area.
- The President of India chooses the Speaker of the Lok Sabha.
Show answer
Answer: D. The President of India chooses the Speaker of the Lok Sabha.
- The President is the Commander-in-Chief of defense forces. - The President appoints members of the National Commissions for SCs and STs. - The President has the power to declare Scheduled Areas. - The Speaker of Lok Sabha is elected by the Lok Sabha members, not chosen by the President.
Supreme Court's Advisory Jurisdiction to the President (Article 143)
Who among the following is competent to seek the advisory opinion of the Supreme Court of India?
Asked in: WBCS Main Paper 5 2019
- The President of India
- The Governor of a State
- The Prime Minister of India
- All of the above
Show answer
Answer: A. The President of India
Article 143 of the Constitution of India empowers the President to consult the Supreme Court. The President can refer to the Supreme Court any question of law or fact that has arisen or is likely to arise, and which is of such a nature and of such public importance that it is expedient to obtain an opinion of the Supreme Court upon it.
Vacancies in the Office of President
The President of India may resign from his post by writing under his hand addressed to
Asked in: UPSC Geoscientist 2022
- the Chief Justice of the Supreme Court of In‐ dia
- the Speaker of the Lok Sabha
- the Vice President of India
- the Prime Minister of India
Show answer
Answer: C. the Vice President of India
- The President addresses his resignation letter to the Vice-President. - The Vice-President then communicates this resignation to the Speaker of the Lok Sabha.
If the post of the Vice-President of India is vacant at the time of resignation or demise of the President of India, who among the following assumes the charge of the office of President ?
Asked in: HPPSC HPAS Prelims 2011
- Speaker of the Lok Sabha
- Deputy Chairman of the Rajya Sabha
- Seniormost Governor
- Chief Justice of India
Show answer
Answer: D. Chief Justice of India
- Article 65 of the Constitution deals with the Vice- President acting as President or discharging his functions. - Clause (2) of Article 65 states that if the office of the Vice-President is also vacant, the Chief Justice of India, or in his absence, the seniormost Judge of the Supreme Court available, shall discharge the functions of the President. - This provision was enacted through the President (Discharge of Functions) Act, 1969, following the death of President Zakir Husain and the subsequent resignation of Vice-President V.V. Giri.
To whom does the President of India submit his resignation?
Asked in: JPSC CS Prelims 2014 · JPSC CS Prelims 2015
- The Speaker of the Lok Sabha
- The Vice President of India
- The Chief Justice of India
- The Prime Minister of India
Show answer
Answer: B. The Vice President of India
The President addresses his resignation letter to the Vice President.
The President of India may resign from his/ her office by writing under his/her hand. To whom of the following is his/her resignation addressed to?
Asked in: UPSC CBI DSP LDCE 2023
- The Chief Justice of India
- The senior most available Judge of the Su‐ preme Court, in the absence of the Chief Justice of India
- The Vice President of India
- The Speaker of the Lok Sabha
Show answer
Answer: C. The Vice President of India
The President addresses his/her resignation letter to the Vice-President of India.
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 ?
Asked in: UPSC SO Steno 2018
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: D. 1, 2 and 3
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 vacancy of the Office of the President must be filled up within
Asked in: UPPCS Prelims 2005
- 90 days
- six months
- nine months
- one year
Show answer
Answer: B. six months
- Article 62(2) of the Indian Constitution specifies the timeframe for filling a vacancy in the President's office. - The election must be held within six months from the date the vacancy arises.
The vacant post of the president is to be filled up within
Asked in: UPPSC Upper Mains 2013
- 30 days
- 60 days
- Six months
- One year
Show answer
Answer: C. Six months
Article 62(2) of the Constitution of India mandates that an election to fill a vacancy in the office of the President shall be held as soon as possible and in no case later than six months from the date of occurrence of the vacancy.
Veto Powers (Absolute, Suspensive, Pocket)
In connection with the veto power of the Indian President, which one of the following statement/statements is/are valid ? I. The Indian President possesses 'Suspensive Veto' in the case of Money Bills but not in the case of Finance Bills. II. The Indian President can exercise 'Absolute Veto' with respect to the Government Bills at all times. III. The Indian President enjoys 'Pocket Veto' indefinitely whereas the American President possesses 'Qualified Veto'. IV. The objective of the veto power in being conferred upon the Indian President is to ensure a system of checks and balances between the office of the President and that of the power of the Parliament. Select the correct answer using the codes given below :
Asked in: APPSC Group 1 Prelims 2024
- Only III
- I, II and IV
- III and IV
- Only II
Show answer
Answer: C. III and IV
Statement I is incorrect. The Indian President possesses 'Suspensive Veto' in the case of ordinary bills (which includes Finance Bills but not Money Bills). For Money Bills, the President can only either assent to it or reject it as a whole, without any power to return it for reconsideration. Statement II is incorrect. The Indian President does not possess absolute veto power with respect to government bills at all times. The absolute veto can only be exercised in cases of private members' bills that are not passed by Parliament. In the case of government bills, the President's power is limited by the provisions for reconsideration and the ability of Parliament to override the veto. Statement III is correct. The Indian President can exercise 'Pocket Veto' indefinitely by simply not taking any action on a bill. In contrast, the American President has a 'Qualified Veto' which can be overridden by a two- thirds majority in Congress. The term 'Qualified Veto' is not typically used for the American President; it is usually referred to as a 'suspensive veto' that can be overridden. However, the comparison in the statement implies the President's power to return the bill for reconsideration. The key point here is the indefinite retention of the bill by the Indian President compared to the American President's situation. Statement IV is correct. The veto power vested in the President serves as a crucial mechanism for maintaining a balance of power between the executive (President) and the legislature (Parliament), ensuring that no hasty or unconstitutional legislation is enacted without due deliberation.
Which of the following is a "pocket veto" power in the Indian context?
Asked in: APPSC Group 1 Prelims 2016
- Speaker of Lok Sabha not allowing presentation of a bill
- President keeping a bill pending with him, without any time limit and without approving
- Prime Minister removing ministers from his Cabinet without any reason
- Rajya Sabha vetoing the provisions of a bill approved by Lok Sabha
Show answer
Answer: B. President keeping a bill pending with him, without any time limit and without approving
The President's power to keep a bill pending without any time limit constitutes a 'pocket veto' in the Indian parliamentary system.
Regarding the powers of the President, which of the following is correct?
Asked in: APSC CCE Prelims Exam 2018
- No previous sanction is required or recom‐ mendation of the President for introducing any legislation on any matter.
- Courts are debarred from invalidating any legislation on the ground that the President's previous sanction was not obtained.
- A money bill can be returned for re-considera‐ tion.
- President does not have the power of disallow‐ ance of a bill of the State legislature, which may have been reserved for his consideration by the Governor of the State.
Show answer
Answer: D. President does not have the power of disallow‐ ance of a bill of the State legislature, which may have been reserved for his consideration by the Governor of the State.
Article 255 of the Constitution provides that no Act of Parliament or a State Legislature, or any provision therein, shall be invalid merely because a required recommendation or previous sanction of the President or Governor was not obtained, provided that assent to that Act was given subsequently by the President or Governor, as the case may be. This means that courts are debarred from invalidating legislation solely on the procedural ground of lack of prior sanction/recommendation if the bill ultimately received the required assent.
Which of the following President has exercised a power which is called 'Pocket veto' in constitutional terminology ?
Asked in: CGPSC Prelims Exam 2015
- Dr. Rajendra Prasad
- V.V. Giri
- Gyani Zail Singh
- Dr. A.P.J. Abdul Kalam
Show answer
Answer: C. Gyani Zail Singh
The pocket veto allows the President to prevent a bill from becoming law without formal rejection or return. It signifies the President's inaction on a bill within the constitutionally stipulated time limit (which doesn't exist for ordinary bills, thus allowing indefinite delay).
The only instance when the president of India exercised his power of veto related to
Asked in: GPSC Prelims CSP 1 2017
- The Hindu Code Bill
- PEPSU Appropriation Bill
- The Indian Post Office Bill (Amendment)
- The Dowry Prohibition Bill
Show answer
Answer: C. The Indian Post Office Bill (Amendment)
mineral dev officier -2025 President Giani Zail Singh used a pocket veto on the Indian Post Office (Amendment) Bill, 1986.
How many alternatives are provided to the President of India under Article 111 of the Constitution regarding a Bill passed by the Parliament?
Asked in: GPSC Prelims CSP 1 2023
- Only 1
- Only 2
- Only 3
- Only 4
Show answer
Answer: C. Only 3
The three alternatives are: 1. Give his assent to the Bill. 2. Withhold his assent to the Bill. 3. Return the Bill (if it is not a Money Bill) for reconsideration by the Parliament. If the Parliament passes the Bill again, with or without amendments, and presents it to the President, he must give his assent.
The President of India enjoys which of the following Veto powers ? A. Absolute Veto that is withholding of assent to the Bill passed by the Legislature. B. Qualified Veto which can be overridden by the Legislature with a higher Majority. C. Suspensive Veto which can be overridden by the Legislature with an ordinary Majority. D. Pocket Veto that is taking no action on the Bill passed by the Legislature. Select the code for the correct answer from the options given below :
Asked in: KPSC KAS Prelims 2015
- A and B only
- B and C only
- A, B and C only
- A, C and D only
Show answer
Answer: D. A, C and D only
- Absolute Veto: The President withholds assent to a bill passed by the Parliament. This is usually exercised on private members' bills or government bills when the cabinet resigns after the bill is passed but before assent. - Suspensive Veto: The President returns a bill (not a Money Bill) for reconsideration by the Parliament. If the Parliament passes the bill again with or without amendments by an ordinary majority, the President has to give assent. - Pocket Veto: The President takes no action on a bill (neither ratifies nor rejects nor returns it). This is because the Constitution does not prescribe a time limit for the President to give assent to a bill. - Qualified Veto: This veto can be overridden by the legislature with a higher majority (as in the USA). This type of veto is not vested in the Indian President.