President, PM & Parliament — Set 13

Correct Answer: D. 3 years

Article 356 allows President's Rule to be imposed in a state when the constitutional machinery fails. It is initially for a period of 6 months. It can be extended for another 6 months with parliamentary approval. The maximum period is 3 years — but extension beyond 1 year requires that either a National Emergency is in operation or the Election Commission certifies that elections cannot be held. The S.R. Bommai case (1994) held that the President's proclamation under Art 356 is subject to judicial review.

Correct Answer: C. President

The Prime Minister is appointed by the President under Article 75. The PM holds office during the pleasure of the President. However, in practice, the PM must resign when they lose the confidence of Lok Sabha. Upon losing a vote of no-confidence or when a coalition collapses, the PM tenders resignation to the President. The President accepts the resignation and asks the PM to continue in a caretaker capacity until a new government is formed. The President cannot dismiss the PM as long as they enjoy Lok Sabha's confidence.

Correct Answer: C. Speaker of Lok Sabha

The joint sitting of both Houses of Parliament is presided over by the Speaker of Lok Sabha or, in their absence, by the Deputy Speaker of Lok Sabha, or, if the Deputy Speaker is also absent, by any member of the House elected by the joint sitting for the purpose. The Vice President and Chairman of Rajya Sabha do not preside over joint sittings. Joint sittings are convened by the President under Article 108 to resolve deadlocks on ordinary bills. Money Bills and Constitutional Amendment Bills cannot be passed by joint sittings.

Correct Answer: C. Initiating a Money Bill

The Rajya Sabha CANNOT initiate a Money Bill. Only Lok Sabha can initiate a Money Bill, and Rajya Sabha can only make recommendations on it (which can be accepted or rejected by Lok Sabha). However, Rajya Sabha has equal powers with Lok Sabha in passing Constitutional Amendment Bills, in passing ordinary bills, and in approving Emergency proclamations. Rajya Sabha also has special powers under Articles 249 (law on State List) and 312 (creation of all-India services).

Correct Answer: C. Lok Sabha, Rajya Sabha, and the President

According to Article 79, the Parliament of India consists of the President and the two Houses — the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The President is an integral part of Parliament and must give assent to all bills before they become law. The President summons, prorogues, and can dissolve Lok Sabha. The President addresses joint sittings and sends messages to Parliament. The President is not a member of either House.

Correct Answer: C. Two-thirds majority of members present and voting

Under Article 249, the Rajya Sabha can pass a resolution by a majority of not less than two-thirds of its members present and voting, declaring that it is necessary in the national interest that Parliament should make a law with respect to any matter enumerated in the State List. Parliament can then make a law on that State List subject for a period not exceeding one year (extendable). This power enables Parliament to encroach on the legislative domain of states when national interest demands it.

Correct Answer: B. Withholding assent to private member bills

In India, the President has three types of veto powers: Absolute veto (withholding assent permanently — used for private member bills and sometimes state bills), Qualified/Suspensive veto (returning ordinary bills for reconsideration — can be overridden by Parliament), and Pocket veto (neither giving assent nor returning — effectively burying the bill). Article 111 deals with presidential assent to bills. Constitutional Amendment Bills cannot be vetoed — the President must give assent under Article 368.

Correct Answer: C. President of India

The Attorney General of India is appointed by the President under Article 76. The Attorney General is the government's chief legal adviser and has the right of audience in all courts in India. They are appointed from persons qualified to be appointed as judges of the Supreme Court. The Attorney General holds office during the pleasure of the President. The Solicitor General and Additional Solicitor Generals are also government law officers but are not constitutional posts.

Correct Answer: C. Lok Sabha only

A motion of no-confidence (vote of no-confidence) can only be moved in Lok Sabha, not Rajya Sabha. If a no-confidence motion against the Council of Ministers is passed by Lok Sabha, the entire Council of Ministers including the Prime Minister must resign. To move a no-confidence motion, at least 50 members must support it. The Council of Ministers is collectively responsible to Lok Sabha under Article 75(3). This is the most important tool of parliamentary control over the executive.

Correct Answer: C. Article 81

Article 81 deals with the composition of the House of the People (Lok Sabha). It provides for not more than 552 members — 530 from states, 20 from Union Territories, and 2 nominated Anglo-Indians (this nomination was ended by the 104th Amendment in 2020). Currently, Lok Sabha has 543 elected seats. The delimitation of constituencies is done by the Delimitation Commission. The 84th Amendment (2001) froze the number of Lok Sabha seats based on the 1971 census until 2026.