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Chapter –8
Union Executive
• Part of Government – • Election process
(i) Legislator – Law making (i) Value of the vote of an MLA: -
(ii) Executive – To Apply Total Population of state
 1000
(iii) Judiciary – To Protects Total number of elected member
Note: - State Government also has similar organs. in the state legislative Assembly
Central legislature (Parliament) • Value of the vote of an MP: - (Member of Parliament)
Total Value of votes of all MLAs of
Lok Sabha Rajya Sabha President all states
 1000
States Legislature Total number of elected member
of parliament

Legislative Legislative  Then the quota of votes a candidate needs to win the
Governor
assembly Council elections, is determined in the following manner.
• Electoral Quota: -
Central Executive
Total numbers of valid votes polled
+1
President Prime minister 1+1
Council of minister
• Article -56 – Term of office The president
States Executive
The president is elected for a period of five years from the
date on which he enters his office. The president’s office
Governor Chief minister State council of minister may terminate within the term of five years in either of two
ways
• Judiciart System
(i) By resignation in writing addressing to the vice –
(i) Supreme court → Center level
president of India.
(ii) High Court → State level (ii) By removal for violation of the constitution by the
(iii) District court District level process of impeachment
(iv) Subordinate court Local Court
• Union executive • Article – 57 Eligibility for re-elections.

• President of India
Article Subject • Article: -58Qualifications for the President.
(i) is a citizen of India
52 Will be president of India
(ii) has completed age of 35 years
53 All Executive power in president of the union
(iii) is qualified for election as a member of the loksabha.
54 Election of president by the electoral college
(iv) is not holding any office of profit
A part from these 50 approvals and 50 proposers should be
• Members of electoral college
in electoral college.
(i) The elected members of the both house of parliament.
Every candidate has to make a security deposit of: - 15,000
(ii) The elected members of the legislative Assemblies of the in RBI.
states.
The security deposit is liable to be forfeited in case the
Note: - In this article and in Article 55 “state” includes the
1
national capital territory of Delhi and the union territory of candidate fails to secure × numbers of the votes polled.
6
Puducherry.
Article: -55 The president is elected by proportional • Article- 59Conditions of president’s office
representation with single Transferable vote system. A member of parliament and legislature of any state is elected as
president. he shall be donned to have violated his seats in that
house on the date on which he enters his office as president.

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• Article-60Oath or Affirmation by the president. An Impeachment is a quasi – judicial procedure in the
The oath of office to be president is Administered by the chief parliament. the nominated members of parliament can
justice of India and in his absence the senior most Judge of the participate in the impeachment of the president, though they do
supreme court available. not participate in his election.

• Article -61: Impeachment of the president.  The president can be impeached on the grounds of the
constitution and has to be informed in writing 14 days in
Impeachment is process of Removing the President from office.
advance about intention to initiate impeachment proceedings.

Article -62Time of holding election to fill vacancy in the office of president and the term of office or person elected to fill casual
vacancy.
An Election to fill a vacancy caused by the expiration of the term of office of president shall be completed before the time.

Power and Functions of the president.

Executive legislative Judiciary Financial Diplomatic Military State related Veto powers
power power power power power powers power
(Art. 52 (Art. 79 to (Art. 124
to 78) 123) to 147)

• Emergency powers of the president Article- 86: The president can speak Address in a parliament of
(i) Article – 352: - national Emergency both Houses and single House and there is also the right to send
information regarding any pending bills.
(ii) Article – 356: - State Emergency
Article-87: He can address the parliament at the commencement
(iii) Article – 360: - Financial Emergency
of the first session after each general election and the first
(i) Executive power: - (Article 52 to 78) session of each year.
Article -53: - All executive power in president. Article -103: He decides on questions as to disqualifications of
Every Executive action of the union and Government of India members of the parliament in consolation with the election
shall be expressed to be taken in the name of president. commission.
Article-75: President has appointed prime minister on the Article -108: He can summon a joint sitting of both the houses
recommendation of the prime minister, the president Appoints and parliament, which is presided over by the speaker of the
rest of the union council of ministers. loksabha.
Article-76: The president appoints the Attorney General of India. Article-111: After passing bill by parliament that bill is sent to
Article-77: Conduct of business of the Government of India by the president for permission and after the signature of the
Name of president. president any bill makes the law.

Article-78: Duties of prime minister in respect to furnishing of Article -123: He can promulgate ordinance when the parliament
Information to the president. is not in session. These ordinances must be approved by the
parliament within six weeks from its reassembly. He can also
• Other Appointments By the president.
withdraw an ordinance any time.
He also Appoints Governors of states, Judges of Supreme Court
Article -331: He can nominate two members to lok Sabha from
and High court.
the Anglo-Indian community.
He appoints the comptroller and Auditor General of India. The
He nominates 12 members of the Rajya sabha from [Article -80
chief election commissioner and other election commissioners,
(1) ] amongst persons having special knowledge or practical
Chairman and other member of union public service commission, experience in literature, science, art and social service.
Chairman and member of Finance commission and linguistic The following motions cannot be presented in parliament
commission. without the recommend – action of the president.
The President also appoints a commission to Investigate into the A bill in valuing expenditure from the consolidated fund to India.
conditions of SC, ST and OBC and can declare any Area as
A bill for the alternation of boundaries of states or creation of
scheduled Area.
new state.
2. Legislative Power: -
Judicial powers: -
Article-79: The president is part of parliament with the loksabha
Article -124: - He appoints the chief Judges and the Judges of the
and Rajy Sabha
supreme court and High courts.
Article -85: Under this, the president cans session, Prorogation,
dissolution of the loksabh

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Article -143: He can seek advice from the supreme court any The president can declare such on emergency only on the basis
question of law or Fact. However, the advice tendered by the of–
Supreme Court is not binding on the president. (i) Written request by the cabined of minister headed by the
Article-72: He can grant pardon, reprieve respite and remission Prime Minister.
of punishment of suspend, remit or commute the sentence of any (ii) Such a proclamation must be Approved by the parliament
person convicted of any offence. with two thirds majority within one months
(i) all the cases were the punishment or sentence is by a court  Such an Emergency can be imposed for six months.
martial.
 I can be extended by six months by repeated parliamentary
(ii) all cases were the punishment or sentence is for on offence approval there is no maximum duration.
against a union law
(iii) in all cases were the sentence is a a sentence of death.
State emergency
Financial powers.
Article -356: If the president is fully satisfied, on the basis of the
Money bills can be introduced in the parliament only with his report of the Governor.
prior recommendation.
A state Emergency can be imposed via the following: -
He causes to be laid before the Parliament the annual financial
(i) If that state failed to run constitutionally
statement (i.e. the annual budget)
(ii) If that state is not working According to the direction of the
He can make advances out of the contingency fund of India to
union Government Issued per the provisions of the constitution.
meet any unforeseen expenditure.
This type of emergency needs the Approval of the parliament
He constitutes a finance commission after five years to
within 2 months.
recommend distribution of revenues between the center and the
states. Financial Emergency
No demand for a grant can be mode except on his Article -360: When the president Feels that financial stability or
recommendation. reputation threatened the he can declare a financial emergency.
Diplomatic Power: - It has not happened yet.
The International treaties and Agreements are negotiated and President
concluded on behalf of the president. However, they are subject 1. Dr. Rajendra prasad 24 January (1950 to 1962)
to the approval of the parliament. → First president of India
He represents India in International Forums and affairs and → first nominated and elected president
sends and receives diplomats like ambassadors, high
→ longestterm of office
commissioners.
2. Dr. Radha krishman (1962 to 1967)
Military power
→ First vice president of India
He is the supreme commander of the defense force of India.
→ First time 352
He appoints the chiefs of the army, the navy and the Air force.
3. Dr. Zakir Hussain (1967 to 1969)
He can declare war or conclude peace, subject to the Approval of
the parliament. → First muslim president
Veto power → The First to die during his tenure
Article-111 When a bill is presented to the president for his → Shortest tenure.
assent, he has three alternatives. 4. V. V Giri (1969) (Acting)
(i) He may give his assent to the bill. → Vice president
(ii) He may withhold his assent to the bill. → First Acting president.
(iii) He may return the bill. 5. Justice m. Hidayat –ul- lah – (1969) (Acting)
State related power → Was also the chief Justice of India.
A bill for the alternation of boundaries of states or creation of a → Second Acting president.
new state by his prior recommendation or permission. 6. V.V. Giri – (1969 to 1974)
Emergency powers of president. → First non – Farsi candidate.
(i) National emergency A national emergency can be declared → Second time – 352 announcements.
in the whole of India or a part of its territory for causes of war or
→ the first time second vote count. (Re – count)
armed rebellion or an External Aggression such an emergency
was declared in India. 7. F. Ali Ahmed (1974 to 1977)
(i) 1962 Indo china war → Second candidate who died in office
(ii) 1971 Indo pak war → First announcement due tointernal disturbance
Emergency.
(iii) 1975 declared by Indira Gandhi

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8. B. D Jatti (1977) (Acting) Article-68: Timeof holding election to fill vacancy in the office of
→ Third Acting president vice president and the term of office of person election to fill
casual vacancy.
→ The First Acting president who sworn oath of the Prime
Minister (Morarji Desai) Article-69: Oath

9. Sanjeeva Reddy (1977 to 1982) The President administers the oath to the vice- president

→ youngest president (64 year) Article -70: Discharge of President’s Function in other
Contingencies
→ First uncontested
Article -71: Matters relating to President and vice – President
10. GianiZail Singh (1982 to 1987)
election
→ First Sikh President.
Qualifications of the vice President
→ The First-time use Jebi veto (Art. 111)
(i) He should be a citizen of India
11. R. Venkataraman (1987 to 1992)
(ii) He should have completed 35 years of age.
→ Oldest president (76 year.)
(iii) He should be qualified for election as a member of Rajya
12. Shankar Dayal Sharma (1992 to 1997) Sabah.
13. N.R. Narayanan (1997 to 2002) (iv) He should not hold any office of profit under the union
→ First Dalit President Government and any state Governmentand Local Authority or
14. A.P.J. Abdul kalam (2002 to 2007) Any other Public Authority.

→ First Scientist to become president The nomination of a candidate for elections to the vice –
President must be subscribed by at least 20 electors as proposers
15. Pratibha Devising Patil (2007 to 2012)
and 20 electors as seconders.
→ First Women to become President.
Every candidate has to make a security deposit of 1500 in the
16. Pranab Mukherjee (2012 to 2017) Reserve Bank of India.
17. Ram nath Kovind (2017 to present) Vice –President of India till date
Current president 1. Dr. Radhakrishan (1952 to 1962)
 So for 14 people have become president. and 2. Dr. Zakir hussain (1962 to 1967)
 15 elections have been done. 3. V.V. Giri (1967 – 1969)
 Chief Justice JS. kehar sworn oath to Ram Nath kovind on 4. G.S. Pathak (1969 -74)
25 July 2017.
5. B.D. Jatti (1974 to 1979)
 Highest MLA vote value: U.P. (208) 6. M. Hidayatullah (1979 to 1984)
 Minimum vote value Sikkim: (07) 7. R. Venkataraman (1984 to 1987)
 Vote value of Rajasthan: 129 8. Dr. Shankar DayalSahrma (1987 to 1992)
Note: - Vote value is calculated as per census 1971. 9. K.R. Narayanan (1992 to 1997)
Vice President 10. Krishna Kant (1997 to 2002)
Article – 63:Will be a vice president 11. Bhairon Singh Shekhawat (2002 to 2007)
Article -64: Will be the chairman (Speaker) of Rajy Sabha 12. Hamid Ansari (2007 to 2017)
Article -65: President will be the president on vacancy. 13. Venkaiah Naidu (2017 to current)
Article -66: Election Indirect by Public
He is elected by the same processes of President Election, Thus, Prime minster
this Electoral College is different from the Electoral College id
In the scheme of Parliamentary system of Government, The
different from the Electoral College for the election of the
president is the nominal Executive Authority (de Jure Executive)
president in the following two respects:
and prime minister is the real Executive authority (de facto
(i) It consists of both elected and nominated members of the executive) In other words president is the head of the state while
parliament prime minister is the head of the government.
(ii) It does not include the members of the State legislative Appointment of Prime minister
assemblies
The President has to appoint the leader of the majority party in
Article -67: Tenure 5 years the Lok Sabha as the prime minister. But when no party has a
He can resign from his office at any time by addressing the clear majority in the Lok Sabha,then the president my Exercise
resignation letter to the president. his personal discretion in the selection and Appointment of the
He can be removed by a resolution of the Rajya Sabha passed by Prime Minister.
a Special Majority and Agreed to by Lok Sabha. Constitutionally, the Prime minister may be member of any of
the two House of Parliament can be Appointed as prime minister.

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Indira Gandhi 1966, H.D. Deve Gowda (1996) , and Man Mohan Article-75: The prime minister shall be appointed by the
Singh (2004) were members of the Rajya Sabha. president and the other ministers shall be appointed by the
Oath and term president on the advice of the prime minister.

Before the prime minister enters upon his office the president The total number of ministers, including the prime minister in
administers to him the oaths of office and secrecy. the council of minister shall not exceed 15% of the total strength
of the lokSabah,this provision was added by the 91th
The term of the prime minister is not Fixed and he holds office
Amendment Act 2003.
during the pleasure of the president however, this does not mean
that the president can dismiss the prime minister at any time, so A member of either house of parliament who is disqualified on
long as the Prime minister enjoys the majority support in the Lok the ground of defection shall also be disqualified to be appointed
Sabha, he cannot be dismissed by the president However, If he as a minister. This provision was also added by 91st Amendment
loses the confidence of the Lok Sabha. He must resign or the Act of 2003.
President can dismiss him. The salaries and Allowances of minister and prime minister shall
be determined by the Parliament.

• Power and Function of the Prime minister The council of ministers shall be collectively responsible to the
Lok Sabha.
The President can appoint only those persons as ministers who
are recommended by the prime minister. The president shall administer the oaths of office and secrecy to
a minister.
He guides, directs controls, and coordinates’ the activities of the
entire minister. The ministers shall hold office during the pleasure of the
President.
He allocates and reshuffles various Portfolios among the
ministers. • Article-88: Rights of ministers as Respects in House

He Presides over the meeting of council of ministers and Every minister shall have the right to speak and take post in the
influences its decisions. proceeding of either/houses, any joint sitting of the Houses and
any committee of parliament of which he may be named as a
He is the principal channel of communication between them and
member, But he shall not be entitled to vote.
president and the council of minister.
• Composition of the Council of minister
He advises the president with regard to the Appointment of
Important officials like attorney General of India, Comptroller 1. Cabinet minister: - They head important ministries of the
and Auditor General of India, Chairmen and members of UPSC, central Government’s department. They are the first rank
elections commissioners, chairman and members of the Finance minister.
Commission. 2. Minister of state:The minister of state can either be give
He advised the president with regarded to summoning and independent charge of ministries/departments or can be
proroguing of the sessions of the parliament. attached to cabinet ministers. They work under the cabinet
minister.
He can recommend dissolution of the lok Sabha to President at
any time. They are the second rank minister

He announces government policies on the floor of the House. Deputy Ministers: They are not given Independent charge
to ministers department It is the Third rank minister.
He is the crisis manager – in –Chief at the political level during
emergencies. Kitchen cabinet: It is an informal body consisting of prime
minister and two or more influential colleagues in whom he
He is leader of the party in power and Lok Sabha.
has faith.
He plays a significant role in shaping the foreign policy of the country.
• Prime minister of India 1946 to 2019
He is chairman of the planning commission (Now NITI Aayog) ,
1. Pandit Jawar Lal Nehru 1946 to 1964
National Development Council, National Integration council,
Interstate council, and National water Resources Council. First Prime minister of India, died in office, also had the
longest tenure (17 years)
• Article Related to Prime minister
Three time oath
Article -74: Council ministers to aid and Advise president.
Punchsheel Theory
Article-75: Other Provisions as to ministers like appointment.
Term of office, salaries, etc Mausoleum -Shantivan

Article-77: Conduct of business of the Government of India 2. Gulzarilalnanda 27-051964 to 09-06-1964

Article-78: Duties of prime minister as respects the furnishing of First Acting Prime minister.
Information of the President. 3. Lal Bhadur Shastri (9-06-1965 to 11-01-1966)
• Central Council of minister Only Prime minister to die abroad during an official tour.
Constitutional Provisions Slogan of Jai Jawan Jai Kisan
Article-74: Council of minister to aid and advise president Tashkand Agreement between India and Pakistan
Mausoleum - Ubhayghat

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4. Gulzari Lal Nanda (11-02-1966 to 24-01-1966) RTI – 2005
First to become Acting Prime minister twice RTE – 2009
5. Indira Gandhi (24-01-1966 to 24-03-1977) NAREGA – 2008
First woman Prime minister of India. Food security bill – 2013
First Prime minister to lose an election. Lokpal Bill pass - 2014
First member of Rajya sabha who become Prime Minister. 19. Narendra Modi (26-05-2014 to Till date)
At the time, the most controversial 42th
constitution First Prime Minister born after Independence and served as
Amendment Act 1976 called the mini constitution was in chief minister of Gujarat.
1976. Demonetisation – 2016
GST – 2017
6. Morarji Desai(24-03-1977 to 28-07-1979) Section -370 removed from Kashmir in 2019
Oldest prime minister (81 years) • The Attorney –General for India
First to resign from his officer. Article -76: Attorney –General For India.
First chief minister who become Prime Minister. Appointment: by the president
7. Charn singh (28-07-1979 to 14-01-1980) Qualification: Who is edified to be appointed a judge of the
Only prime minister who did not face the parliament and in Supreme court
was the chief minister.
The Massiah of Indian Farmers
Mausoleum –Kisan Ghat • Powers and Functions
8. Indira Gandhi (14-01-1980 to 31-10-1984) It shall be duty of the Attorney General to give advice to the
First pm to be assassinated Government of India upon such legal matters, and to perform
Operation Blue Star in 1984 such other duties of a legal character as may from time to time be
referred or assigned to him by the president, and to discharge
9. Rajiv Gandhi (31-10-1984 to 01-12-1989)
the function conferred on him by or under this constitution or
Youngest prime minister (40 years) any other law for the time being in force
Father of Computer revolution In matters related to Government of India,Attorney-General will
Father of Space revolution be present in the Supreme Court on behalf of Government of
Voting age reduce from 21 to 18 by 61st constitutional India.
amendment Act 1989 In any matter related to the Government of India, the High court
10 V.P. Singh (21-12-1989 to 10-01-1990) has the right to hear.

First prime minister to step down after vote of non- According to Article – 143
confidence and also chief minister. Indian govt. is represented by Attorney General of India in the
11. Chandra Shekhar (10-01-1990 to 21-06-1991) Supreme Court.

12. P.V. Narasimha Rao (21-06-1991 to 16-05-1996) In any court of India, the Attorney General has the right to hear.
In any court Has the right to participate and speak in the
First Prime minister from southern India
proceeding of both House of the Parliament, But cannot vote.
and also chief minister (Article – 88)
Babri Masjid demolition in 1992 Attorney General is first Law officer of the India.
Globalization, Liberalization, Privatization were adopted Note: - Solicitor General to assist the Attorney General whose
13. Atal Bihari Vajpayee (16-05-1996 to 01-06-1996) constitution has no description.
Shortest tenure of a Prime minister. First Attorney General of India M. C. sitalwad
14. H.D. Deve Gowada (01-06-1996 to 24-04-1997) Present Attorney General K.K. Venugopal
Member of Rajya Sabha and also chief minister
15. Indra kumar Gujar (21-04-1997 to 19-03-1998)
16 Atal Bihari Vajpayee (19-03-1998 to 13-10-1999)
Agra talks
Delivered in Hindi speech at the General Mahasabha in
2001
17. Atal Bihari Vajpayee (13-10-1999 to 22-05-2004)
18. Dr. Manmohan singh (22-05-2004 to 26-05-2014)
First sikh prime minister, and member of Rajya sabha

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(a) Executive power (b) Legislative power
LEVEL - 1 (c) Constituent power (d) Quasi – judicial power
1. Money can be advanced out of the contingency fund of 8. The impeachment of the president of India can be initiated
Indian to meet unforeseen expenditure by the in:
(a) Parliament (b) president (a) Either House of Parliament
(c) Finance Minister (d) Prime minister (b) A joint sitting of both Houses of Parliament
2. The Constitution (Forty- second Amendment) Act, 1976, (c) The Lok Sabha alone
makes it obligatory for the president of India to act in
(d) The Rajya Sabha alone
accordance with the advice of the Council of Ministers.
9. Who amongst the following decides about the
For the above purpose, which one of the following Articles
disqualification of the Members of Parliament?
of the Constitution of India was amended by the
Constitution (Forty – Second Amendment) Act, 1976? (a) Election Commission (b) Supreme Court

(a) Article 73 (b) Article 74 (c) Speaker (d) President of India

(c) Article 75 (d) Article 77 10. In the event of occurrence of vacancies in the offices of
both, the president and the Vice – president of India, who
3. Which of the following is a correct statement about the
among the following shall discharge the functions of the
President of India?
President till a new president is elected?
(a) He can address both Houses of Parliament, can summon
(a) Speaker of the Lok Sabha
the Houses of Parliament and can send messages to either
House of Parliament (b) Leader of the majority party in the Lok Sabha

(b) He can summon the Houses of Parliament but cannot (c) Chief Justice of India
send messages to either House of Parliament (d) Senior most judge
(c) He can send messages to either of Parliament, but 11. The Constitutional Amendment relating to the declaration
cannot the Houses of Parliament of emergency (1978) requires the president of India to act
(d) He cannot send messages to either House of Parliament in accordance with the:
or summon the Houses of Parliament (a) Collective advice of the entire Council of Ministers
4. The President of India: (b) Advice of the Union Cabinet
(a) Can be a Member of Parliament (c) Advice of the Attorney General for India
(b) Is a Part of Parliament (d) Advice of the Supreme Court
(c) Cannot stand for election for more than two terms 12. The vice – President of India may be removed from his
(d) Presides over joint sittings of both the Houses of office by
Parliament (a) Impeachment
(b) A resolution passed by Lok Sabha and Rajya Sabha with
5. As per provisions of the Constitution of India, who makes a two – thirds majority
rules for more convenient transaction of the business of the (c) A resolution passed with a two – thirds majority in a
Government of India, and for allocation among Ministers of joint session of parliament
the said business? (d) A resolution passed by Rajya Sabha with simple
(a) The president majority and agreed to by a majority members of Lok Sabha
(b) The Union Law Minister 13. The vice – president of India can resign from his office at
(c) They Attorney – General of India any time by addressing the resignation letter to the:

(d) The Cabinet Secretariat (a) Deputy chairman of Rajya sabha

(b) Chief Justice of India

6. The President of India is elected by the ‘Electoral College’ (c) President of India
Consisting of (d) Speaker of Lok sabha
(a) All Members of Parliament. 14. The Constitution of India lays down that proposals for
(b) Elected Members of Parliament and State Legislative legislation are to be communicated to the president by the
Assemblies. (a) Prime minister
(c) Members of Parliament, State Legislative Assemblies (b) Speaker of the Lok Sabha and Chairman of the Rajya
and Legislative Councils. Sabha
(d) All the Members of Parliament and State legislative (c) Minister for law
Assemblies, (d) Minister for Parliamentary Affairs
7. The Power of the President of India to issue an ordinance is
a /an:

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15. Which of the following constitutional Amendment Acts 5. To summon for joint session
has/have made the decisions of the council of Ministers 6. To message the Parliament
binding on the president of India?
7. Appointment of judges.
(a) 42nd and 44th Amendment Acts
Codes
(b) 43rd Amendment Act
(a) 1, 3 and 4 (b) 2, 5 and 7
(c) 40th Amendment Act
(c) 3, 6 and 7 (d) 2, 4 and 6
(d) 40th and 41st Amendment Acts
(e) 2, 3 and 6
16. Which one among the following of the constitutions of India
is indicative of the fact that the real executive power is
vested in the council of Ministers headed by the Prime 24. What is the maximum age limit prescribed for the post of
Minister? the President of India? [SSC 2009]

(a) Federalism (a) 58 years (b) 60 years

(b) Representative legislature (c) 62 years

(c) Universal adult franchise (d) There is no maximum age limit

(d) Parliamentary democracy 25. Which of the following are available to the President of
India but not to the Governor of a State? [SCRA 2012]
17. The executive power of the Union is vested in the:
1. Power to grant pardon in case of death sentence.
(a) Union Cabinet
2. Diplomatic powers.
(b) President of India
3. Power to veto the bills passed by the State Legislature.
(c) Prime Minister
4. Power to declare emergency.
(d) Union Council of Ministers
(a) 1 and 4 (b) 2 and 3
18. In the Constitution of India, the term ‘Federal’:
(c) 1, 2 and 3 (d) 1, 2 and 4
(a) Figures in the Preamble
(b) Figures in Part III of the Constitution
(c) Figures in Article 368 LEVEL - 2
(d) Does not figure anywhere
1. Which of the following statements is not correct?
19. What does the term “Federation” imply?
(a) There shall be a Council of Ministers headed by the
(a) Fusion of powers (b) Separation powers Prime minister to aid and advice the president who shall
(c) Division of powers (d) Devolution of powers act in accordance with such advice.
20. Under the Indian constitution, the residuary powers are (b) The President may require the Council of Ministers to
vested in the: reconsider such advice the President who shall act in
(a) Executive (b) Judiciary accordance with such advice.

(c) Parliament (d) State legislatures (c) The President need not act in accordance with the
advice tendered after such reconsideration
21. Parliament has power to legislate with respect to a matter
in the state list provided it is in the: (d) The President shall act in accordance with the advice
tendered after such reconsideration
(a) National interest
2. Match List I with List II and select the correct answer using
(b) Interest of the State concerned
the codes given below:
(c) Interest of the public
List – I List – II
(d) Interest of the minority
(Power of President) (Relevant Provision)
22. Which Schedule of the Constitution of India contains the
A.Power to grant pardon 1. Article 76
three lists that divide powers between the Union and the
states? B.Executive Power of the Union 2. Article 75

(a) Fifth Schedule (b) Sixth Schedule C.Power to appoint Prime Minister 3. Article 53

(c) Seventh Schedule (d) Eight Schedules D.Appointment of Attorney –General 4. Article 72

23. Which of the following are the discretionary powers of Codes:

President? [CGPSC 2014] ABCD
1. Appointment of council of ministers (a) 4 2 3 1 (b) 4 3 2 1
2. To return the bill with objections (c) 1 2 3 4 (d) 1 3 2 4
3. To detain the bill 3. Consider the following Statements:
4. To pardon 1. The President can commute death sentence to life
imprisonment.

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2. The Governor cannot Commute death sentence to life (d) Chairman of a State Public Service Commission
imprisonment. 9. Who among the following do not participate in the election
3. The president’s power to pardon extends to punishments of the president of India?
or sentences by court martial. (a) Elected Members of the Rajya Sabha
Which of the statements given above is /are correct? (b) Elected Members of the Lok Sabha
(a) 2 only (b) 1 and 3 only (c) Elected Members of the Vidhan Sabha
(c) 1, 2 and 3 (d) 2 and 3 only (d) Elected Members of the Vidhan Parishads
4. In which one of the following cases, is the President of India 10. The president of India has power to declare emergency
not bound by the aid and advice of the Union Council of under Article 352 on Which of the following grounds?
Minister?
1. War 2. Internal disturbance
(a) In deciding the question of removal of a Governor
3. External aggression 4. Armed rebellion
(b) In deciding the question whether a member of Lok
Select the correct answer using the codes given below:
sabha has become disqualified to continue as a member
(a) 1, 2 and 3 (b) 1,3 and 4
(c) While exercising power to grant pardon
(c) 1, 2 and 4 (d) 2, 3 and 4
(d) In dismissing a civil servant without any enquiry and
hearing on the ground of security of state 11. Consider the following statements:

5. Which one of the following statements about the The president of India has the power to address both the
impeachment of the president of India is not correct? Houses of Parliament at the commencement of:

(a) The charge for violation of the Constitution shall be 1. The first session after the general elections
preferred by either House of Parliament. 2. Each session
(b) The resolution has to be moved after at least thirty 3. The first session of each year
days’ notice in writing 4. The budget session of each year
(c) The resolution has to be signed by not less than one – Which of these are correct?
fourth of the total number of members of the House.
(a) 2 and 3 (b) 1 and 4
(d) The resolution has to be passed by a majority of not less
(c) 1 and 3 (d) 2 and 4
than two-thirds of the total membership of the House.
12. The vice – President is elected by an electoral college
6. “The President may require the Council of Ministers to
consisting of:
reconsider the advice tendered by the latter and shall act in
accordance with the advice tendered after such (a) Members of both Houses of Parliament
reconsideration.” (b) Elected member of both House of Parliament
The above provision was inserted in the India Constitution (c) Elected members of both House of Parliament and the
by the: State Legislative Assemblies
(a) 38th Amendment (b) 42nd Amendment (d) Members of both Houses of Parliament and the state
(c) 44th Amendment (d) 52nd Amendment legislative Assemblies

7. Which one of the following is not correct about the powers of 13. Which one of the following is constitutionally obligatory on
the president of India to grant pardons, reprieves, respites or the part of the prime Minister of India?
remissions of punishment of to suspend, remit or commute the (a) As the president is the supreme commander of the
sentence of any person convicted of any offence? defense forces, the prime minister has to take all major
(a) The President can do so in all cases where the decisions regarding defense only after prior approval by
punishment or sentence is by a Court Martial. the president.

(b) The president may exercise such powers in all cases (b) The prime Minister has to communicate to the
where punishment or sentence is for an offence against any president all decisions of the cabinet relating to
law falling within the executive power of the Union. administration and proposal for legislation.

(c) The president may exercise such powers in all cases (c) As the ministers are appointed by the president, the
where the sentence is a sentence of death. prime Minister has to go by president discretion in the
allocation of business among the ministers.
(d) The president may reject a petition for mercy but he
must hear a petition for mercy before rejecting. (d) The prime Minister, if he happens to be the leader of a
party not having the required majority strength in both the
8. The President of India is not the authority for the
Houses of Parliament within the period stipulated by the
appointment of:
President.
(a) Judges of the High Courts
14. Who of the following became prime Minister after being
(b) State Governors chief Minister?
(c) Union Ministers 1. P.V. Narasimh Rao 2. Charan Singh

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3. H.D. Deve Gowda 4. V.P. Singh Select the correct answer using the codes given below
5. Morarji Desai (a) Only 1 (b) 2 and 4
Select the correct answer from the codes given below: (c) 1, 3 and 4 (d) 1, 2, 3 and 4
(a) 2, 3, 4 and 5 (b) 1,2 and 4 20. Under which one of the following Articles, the procedure
(c) 1,2, 3, 4 and 5 (d) 2, 3 and 4 for removal of the President of India through the process of
impeachment has been laid down? [UPPCS 2014]
15. Which of the Article of the constitution of India are relevant
to analyze the constitutional provisions that deal with the (a) Article-53 (b) Article-61
relationship of the president with the council of Ministers? (c) Article-74 (d) Article-13
(a) Articles 71, 75 and 78 21. Which of the following is/are correct?
(b) Articles 74, 75 and 78 1. The president can only be impeached, if he violets the
(c) Article 73, 76 and 78 provisions of the constitution

(d) Article 72, 73 and 76 2. The charge of impeachment against the president shall
be preferred only in lok sabha
16. When can the Parliament legislate on a subject in the state list?
Codes
(a) When can the Parliament passes a resolution to that
effect in the national interest. (a) Only 1 (b) only 2

(b) If the Supreme Court grants necessary authority to the (c) 1 and 2 (d) Neither 1 nor 2
parliament. 22. Acting Chief Justice of the Supreme Court in India is
(c) If the Rajya Sabha passes a resolution by two – thirds appointed by the
majority declaring that the subject in the state list under (a) Chief Justice of Supreme Court
consideration is or national importance. (b) Prime Minister
(d) If the President issues an ordinance transferring the (c) President (d) Law Minister
subject from the state list to the union or the concurrent
23. The Electoral College which elects the President of India
lists.
comprises of
17. With reference to the Presidential Election in India,
1. Elected members of both the Houses of Parliament
consider the following statements
2. elected members of the both the Houses of State
1. The nomination paper of a candidate for the Presidential
legislature
Election should be signed by at least 50 electors as
proposers and another 50 as seconders. 3. elected members of Legislative Assemblies of all the
States
2. The prescribed security deposit in the Presidential
Election is Rs. 25000. 4. elected members of the Legislative Assemblers of Delhi
and Puduchersy
Which of this statement is/are correct?
Select the correct answer from the codes given below
(a) Only 1 (b) Only 2
(a) 1 and 3 (b) 1, 2 and 3
(c) Both 1 and 2 (d) neither 1 nor 2
(c) 1, 3 and 4 (d) 2, 3 and 4
18. Consider the following statements
24. Who among the following have held the office of the Vice-
1. The President of India cannot return the Money Bill to
President of India? [UPSC 2008]
the Lok Sabha for reconsideration.
1. Mohammad Hidayatullah
2. During the period of National Emergency, the President
of India can make ordinances even when Parliament is in 2. Fakhruddin Ali Ahmad
session. 3. Neelam Sanjiva Reddy
Which of the statements given above is/are correct? 4. Shankar Dayal Sharma
(a) Only 1 (b) Only 2 Codes
(c) Both 1 and 2 (d) Neither 1 nor2 (a) 1, 2, 3 and 4 (b) 1 and 4
19. According to the Constitutional of India, it is the duty of the (c) 2 and 3 (d) 3 and 4
President of India to cause to be laid before the Parliament 25. Consider the following Vive-Presidents of India?
which of the following? [UPSC 2012]
[CDS 2009]
1. The Recommendations of the Union Finance
1. VV Giri 2. GS Pathal
Commission.
3. BD Jatti 4. M Hidayatullah
2. The Report of the Public Accounts Committee.
Which one of the following is the correct chronology of the
3. The Report of the CAG.
tenures?
4. The Report of the National Commission for scheduled
(a) 1-2-3-4 (b) 2-1-3-4
castes.
(c) 2-1-4-3 (d) 1-2-4-3

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available shall discharge the functions of president and vice
Solutions president.
11. (b) Article 352 was amended and A provision was included
Level - 1 stating that the President will not issue a Proclamation of
1. (b) Contingency Fund is created as an emergency account Emergency unless a writing advice was given to him by the
to meet some urgent or unforeseen expenditure of the cabinet.
government. Description: This fund was constituted by the 12. (d) The Vice President can be removed by a resolution by
government under Article 267 of the Constitution of India. the members of the Rajya Sabha. To move such resolution,
This fund is at the disposal of the President. a prior 14 days notice is to be given. Such a resolution,
2. (b) Article 74 was amended by 42nd amendment to though passed by the Rajya Sabha only, but must be agreed
Constitution of India and it was explicitly stipulated that to the Lok Sabha. There is no need of impeachment of Vice
"the President shall act in accordance with the advice of the President for removal.
Council of Ministers 13. (c) The term of office of the Vice President is five years. The
3. (a) The President shall time to time summon each House of term may end earlier by resignation which should be
Parliament to meet at such time and place as he thinks fit, addressed to the President. The term may also terminate
but six months shall not intervene between its last sitting in earlier by removal. The Vice President can be removed by a
one session and the date appointed for its first sitting in the resolution by the members of the Rajya Sabha
next session 14. (a) Article 78 in The Constitution Of India Duties of Prime
4. (b) Article-79: of Constitution There shall be a Parliament Minister as respects the furnishing of information to the
for the Union which shall consist of the President and two President, etc.
Houses to be known respectively as the council of States 15. (a) By the 42th constitution amendment act 1976 Article
and the House of the People 74 was amended and it was explicitly stipulated that "the
5. (a) Article 75 in The Constitution Of India Prime Minister President shall act in accordance with the advice of the
shall be appointed by the President and the other Ministers Council of Ministers.
shall be appointed by the President on the advice of the 16. (d) A parliamentary system of government means that the
Prime Minister. The Minister shall hold office during the executive branch of government has the direct or indirect
pleasure of the President. The Council of Ministers shall be support of the parliament. This support is usually shown by
collectively responsible to the House of the People. a vote of confidence. The relationship between the
6. (b) According to article-54: Election of President the executive and the legislature in a parliamentary system is
President shall be elected by the members of an electoral called responsible government.
college consisting of the elected members of both Houses of 17. (b) Article 53 in The Constitution of India. The executive
Parliament; and the elected members of the Legislative power of the Union shall be vested in the President and
Assemblies of the States. shall be exercised by him either directly or through officers
7. (b) Article -123: Power of President to promulgate subordinates to him in accordance with this Constitution.
Ordinances during recess of Parliament. 18. (d) Constitution of India describes India as a union of
An Ordinance promulgated under this article shall have the states. it does not figure anywhere in the constitution of
same force and effect as an Act of Parliament, but maximum India the term Federal.
validity of such ordinance is 6 months. 19. (c) The constitution of India deal with Union of state and
8. (a) Article 61: Procedure for impeachment of the President Division of Power between center and state it means India
When a President is to be impeached for violation of the is a Union of states and not a Federal State.
Constitution, the charge shall be preferred by either House 20. (c) Residuary powers means that parliament can make
of Parliament laws with respect to all those matters which are not
9. (d) If any question arises as to whether a member of either mention in the three lists –
House of Parliament has become subject to any of the The union list
disqualifications mentioned in clause of Article 102, the The state list
question shall be referred for the decision of the President,
The concurrent list
and his decision shall be final. Before giving any decision on
any such question, the President shall obtain the opinion of 21. (a) According Article – 368 Parliament has power to
the Election Commission and shall act according to such legislate in the union list and Concurrent list on the basis of
opinion the following Circumstances parliament can makes law on
State list –
10. (c) In the event of the occurrence of vacancies in the offices
of the President and the Vice-President, by reason in each (i) During the emergency
case of death, registration or removal, or otherwise, the (ii) If Raja Sabha permit it.
Chief Justice of India or, in his absence, the senior most (iii) A matter in the state list provided it is in the national
judge of the Supreme Court of India Interest.

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22. (c) This schedule has divided the Union and state subject Council of Ministers to reconsider such advice, either
on which they can make laws. It comprises Union list, State generally or other wise, and the President shall act in
list and Concurrent list. accordance with the advice tendered after such
23. (e) In the case of Suspense Veto, Pocket Veto, President can reconsideration."
seek information from Prime Minister. It is for the 7. (b) According article -72. The President shall have the
president to decide if he should dissolve Council of minister power to grant pardons, reprieves, respites or remissions
or not when council of minister loses the majority in Lok of punishment or to suspend, remit or commute the
Sabha .In case of a caretaker government. The President sentence of any person convicted of any offence
delivers the opening address for the first session of the 8. (d) The Chairman and other members of a Public Service
parliament, as well as the first session of a newly elected Commission shall be appointed, in the case of the Union
government, defining the policies of the government. Commission or a Joint Commission, by the President, and in
24. (d) As per the article 58, there is no upper age limit for the case of a State Commission, by the Governor of the State
president but he should be a citizen of India ears of age or 9. (d) According to article-54, Election of President, The
above qualified to become a member of the Lok Sabha President shall be elected by the members of an electoral
25. (d) The governor can not veto the bills passed by the state college consisting of the elected members of both Houses of
legislature but reserve it for the president. Because only Parliament; and the elected members of the Legislative
president have the veto power on it. Assemblies of the States
10. (b) The word 'armed rebellion' has been substituted for
“internal disturbance' under Article 352 by 44th
LEVEL - 2 constitution Amendment act 1978.
11. (c) Article 86 in The Constitution of India the President
1. (c) As per the article 74, Indian presidents should work as
may address either House of Parliament or both Houses
per the aid and advice of the council of ministers. The aid
assembled together, and for that purpose require the
and advice of the council of ministers is binding to the
attendance of members and according article- 87. Special
president.
address by the President At the commencement of the first
2. (a) Article 52 to 78 deal with executive of center session after each general election to the House of the
Article 53-The executive power of the Union shall be vested People and at the commencement of the first session of
in the President and shall be exercised by him either each year the President shall address both Houses of
directly or through officers subordinate to him in Parliament assembled together and inform Parliament of
accordance with this Constitution the causes of its summons.
Article 72 -The President shall have the power to grant 12. (a) The Vice-President is elected by an electoral college
pardons, reprieves, respites or remissions of punishment consisting of members of both Houses of Parliament, in
or to suspend, remit or commute the sentence of any accordance with the system of proportional representation
person convicted of any offence by means of the single transferable vote and the voting in
Article 75-The Prime Minister shall be appointed by the such election is by secret ballot.
President and the other Ministers shall be appointed by the 13. (b) Article 78 in The Constitution of India Duties of Prime
President on the advice of the Prime Minister Minister as respects the furnishing of information to the
Article 76-The President shall appoint a person who is President, etc. It shall be the duty of the Prime Minister to
qualified to be appointed a Judge of the Supreme Court to communicate to the President all decisions of the council of
be Attorney General for India Ministers relating to the administration of the affairs of the
union and proposals for legislation.
3. (b) Article 72 -The President shall have the power to grant
pardons, reprieves, respites or remissions of punishment 14. (c)
or to suspend, remit or commute the sentence of any 1. Morarji Desai Chief Minister of the erstwhile Bombay
person convicted of any offence. State during 1952-56.
4. (b) The question whether a member is subject to 2. Charan Singh Chief Minister of the Uttar Pradesh in
disqualification in all other matters except under 10th 1967-1968 and again in 1970.
schedule (disqualification) is decided by President. 3. V. P. Singh Chief Minister of the Uttar Pradesh in 1980-
However, President should obtain the opinion of the 1982.
election commission before taking such decision.
4. P. V. Narasimha Rao Chief Minister of Andhra Pradesh
5. (b) the proposal to prefer such charge is contained in a during 1971-1973.
resolution which has been moved after at least fourteen
5. H. D. DeveGowda Chief Minister of Karnataka from 1994
days notice in writing signed by not less than one fourth of
to 1996
the total number of members of the House has been given
of their intention to move the resolution, 6. Narendra Modi Chief Minister of Gujarat from 2001 to
2014.
6. (c) THE CONSTITUTION (FORTY-FOURTH AMENDMENT)
ACT, 1978"Provided that the President may require the

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15. (b) Article 75, The Prime Minister shall be appointed by the from 1974 to 1977 and also the 2nd President of India to
President and the other Ministers shall be appointed by the die in office. Neelam Sanjiva Reddy was the sixth President
President on the advice of the Prime Minister of India, Shankar Dayal Sharma was the ninthPresident of
Article 74 of the Constitution of the Republic of India India, serving from 1992 to 1997. Prior to his presidency,
provides for a Council of Ministers which shall aid the Sharma had been the eighth Vice President of India, serving
President in the exercise of his functions. under R. Venkataraman.

Article 78, Duties of Prime Minister as respects the 25. (a)

furnishing of information to the President, etc. shall be the
duty of the Prime Minister
16. (c) Rajya sbaha is called assembly of states because the
seats are allocated in accordance with the population of the
states so if the Rajya sabha passed a resolution by two
thirds majority then Parliament can legislate on a subject in
the state list.
17. (a) The nomination of a candidate for election to the office
of the president must be subscribed by at least 50 electors
as proposers and 50 electors as seconders. Each candidate
has to make a security deposit of 15,000 rupees (US$220)
in the Reserve Bank of India. The security deposit is liable
to be forfeited in case the candidate fails to secure one-
sixth of the votes polled.
18. (a) During the national emergency the administration is in
the president as per the article 352. Money bill is
introduced in lok sabha with the prior approval of
president so president can not return it for
reconsideration.
19.. (c) President is laid the recommendations of the finance
commission, report of the CAG, and the report of the
national commission for scheduled castes etc. before to the
parliament than parliament discuss all the reports.
20. (b) Artical13: Laws inconsistent with or in derogation of
the fundamental rights Article 53: Executive power of the
Union Article 61: Procedure for impeachment of the
President Article 74: Council of Ministers to aid and advise
President.
21. (c) Under article 71(1) the president may also be removed
before the expiry of the term through impeachment for
violating the Constitution of India by the Parliament of
India. The process may start in either of the two houses of
the parliament. Before starting impeachment president
must have given 14 days prior notice.
22. (c) All the judges of Supreme Court and High Court are
appointed by president with the consult of CJI including
acting, ad hock judges too.
23. (c) The presidential Electoral College is made up of the
following: elected members of the Rajya Sabha (upper
house of the Parliament of India) ; elected members of the
Lok Sabha (lower house of the Parliament of India) ;
elected members of each state State Legislative Assembly
(lower house of the state legislature) ; and elected
members of each union territory possessing a Legislative
assembly (i.e., Delhi and Puducherry) It do not consist
member of the upper house of state legislature.
24. (b) Hidayatullah was the 11th Chief Justice of India and the
sixth Vice President. He was the Acting President of India
also. Fakhruddin Ali Ahmed was the fifthPresident of India

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