President, PM & Parliament — Set 1

Correct Answer: C. 35 years

The minimum age to become President of India is 35 years as per Article 58(1)(b). In addition, the candidate must be a citizen of India, qualified to be a member of the Lok Sabha, and must not hold any office of profit under the Government of India, any State Government, or any local or other authority. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.

Correct Answer: B. An Electoral College consisting of elected members of Parliament and State Legislative Assemblies

The President of India is elected by an Electoral College under Article 54, which consists of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of all States and Union Territories with legislatures. Nominated members of Parliament or State Assemblies are not part of the Electoral College. The President of India is the constitutional head of the executive and acts on the advice of the Council of Ministers.

Correct Answer: C. When Parliament is not in session and immediate action is needed

Under Article 123, the President has power to promulgate Ordinances when Parliament is not in session and circumstances make it necessary to take immediate action. An Ordinance has the same force and effect as an Act of Parliament. It must be laid before Parliament and ceases to operate six weeks after Parliament reassembles, or earlier if Parliament disapproves it.

Correct Answer: C. Chief Justice of India

The oath of office to the President of India is administered by the Chief Justice of India under Article 60. In the absence of the Chief Justice, it is administered by the seniormost judge of the Supreme Court available. The President takes an oath to preserve, protect and defend the Constitution and the law.

Correct Answer: B. 5 years

Under Article 56, the President of India holds office for a term of 5 years from the date of assuming office. The President can be re-elected. The President can also resign by writing to the Vice President. A President can be removed by the process of impeachment under Article 61.

Correct Answer: B. Article 61

Article 61 provides for the removal of the President by the process of impeachment. Charges can be initiated by either House of Parliament. The charge must be signed by at least one-fourth of total membership of the House, with 14 days advance notice. A two-thirds majority of the total membership of each House is required. The process is quasi-judicial.

Correct Answer: B. Fundamental Rights enforcement

Article 12 defines 'State' to determine against whom Fundamental Rights can be enforced. It includes the Government of India, Parliament, state governments, local bodies, and other authorities. The broad definition ensures Fundamental Rights can be enforced against all government entities. This is the gateway article for Part III of the Constitution.

Correct Answer: B. The President

Under Article 75(1), the Prime Minister is appointed by the President. The President appoints the leader of the party or coalition that commands majority support in the Lok Sabha as PM. Other ministers are appointed by the President on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the Lok Sabha.

Correct Answer: C. Article 32

Article 32 guarantees the Right to Constitutional Remedies, which allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution.' The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. This right itself is a Fundamental Right and cannot be suspended except during National Emergency.

Correct Answer: A. Reasonable classification

Article 14 guarantees equality before law (negative concept from English law) and equal protection of laws (positive concept from US Constitution). The Supreme Court has held that Article 14 permits reasonable classification but prohibits arbitrary classification. The doctrine of reasonable classification allows different treatment for persons who are not similarly situated. The twin tests are: intelligible differentia and rational nexus with the object.