President & VP — Set 5

Correct Answer: D. Nominated MP of Lok Sabha

• **Nominated MPs excluded from Presidential election** = Article 54 limits the Presidential Electoral College to elected MPs and elected MLAs — nominated members of both Houses are excluded. • **But included in impeachment** — when Parliament votes to impeach the President under Art. 61, ALL members of both Houses — including nominated ones — participate. • 💡 Option A (Elected MLA of States) — they DO vote in the Presidential election; state MLAs are the federal component of the Electoral College. Option B (Elected MP of Rajya Sabha) — they DO vote; all elected Rajya Sabha MPs participate. Option C (Elected MP of Lok Sabha) — they DO vote; all elected Lok Sabha MPs are part of the Electoral College.

Correct Answer: D. No

• **24th Amendment (1971)** = made it mandatory for the President to give assent to Constitutional Amendment Bills; the President has no veto — absolute, suspensive, or pocket — over such bills. • **Kesavananda Bharati case (1973)** — the SC upheld the 24th Amendment but simultaneously held that Parliament cannot amend the 'basic structure' of the Constitution. • 💡 Option A (Yes, pocket veto) — the pocket veto (keeping bill pending indefinitely) is not available for Constitutional Amendment Bills after the 24th Amendment. Option B (Yes, suspensive veto) — the suspensive veto (returning bill for reconsideration) also does not apply to Constitutional Amendment Bills. Option C (Yes, absolute veto) — the absolute veto (permanent refusal) was never applicable to Constitutional Amendment Bills.

Correct Answer: A. Article 63

• **Article 63** = declares 'There shall be a Vice-President of India' — the founding provision for the VP's office, just as Article 52 establishes the President's office. • **Second-highest constitutional office** — the VP is the second in the constitutional order; in terms of seniority: President → VP → PM (in ceremonial protocol). • 💡 Option B (Article 52) establishes the President's office — 'There shall be a President of India' — not the VP's. Option C (Article 61) lays down the Presidential impeachment procedure — not the VP's office. Option D (Article 72) deals with the President's pardoning power — not the VP's office.

Correct Answer: B. 5 years

• **5-year term for VP** = Article 66 fixes the VP's term at 5 years from the date of assuming office; unlike the President, there is no limit on the number of terms. • **Earlier exit options** — the VP can resign by writing to the President, or be removed by the Rajya Sabha (effective majority) + Lok Sabha (simple majority) with 14-day advance notice. • 💡 Option A (During President's pleasure) applies to Governors and the AG — the VP has a fixed 5-year term and cannot be removed at the President's pleasure. Option C (4 years) is not the VP's term — it has no constitutional basis for any major office in India. Option D (6 years) is the term of a Rajya Sabha member — not the VP; the VP chairs the Rajya Sabha but their own term is 5 years.

Correct Answer: B. President

• **President administers VP oath** = Article 69 requires the President to administer the oath of office to the Vice-President. • **Oath content** — the VP swears to bear true faith and allegiance to the Constitution of India and to faithfully discharge the duties of the office. • 💡 Option A (Speaker of Lok Sabha) administers oaths to Lok Sabha MPs — not the VP oath. Option C (Outgoing Vice-President) has no constitutional role in administering the oath to the incoming VP. Option D (Chief Justice of India) administers the Presidential oath but NOT the VP's oath — that is done by the President.

Correct Answer: B. Only in case of a tie

• **Casting vote only on tie** = the VP as Chairman of Rajya Sabha has no original vote — they can only cast a deciding vote when there is an equality of votes (tie) in the House. • **Neutrality of the Chair** — this mirrors the convention for the Speaker of Lok Sabha, who also votes only in case of a tie; the principle is that the presiding officer should remain impartial. • 💡 Option A (Never) — the VP CAN vote, but only in case of a tie; saying 'never' is incorrect. Option C (During constitutional amendments) — there is no special provision allowing the VP to vote during amendment debates; the tie-breaking rule is the only exception. Option D (In all conditions) — the VP cannot vote freely in all conditions; they vote only to break ties.

Correct Answer: C. First session after each general election and first session of each year

• **Presidential Address (Article 87)** = the President addresses a joint sitting of both Houses at the commencement of the first session after each general election and the first session of each year. • **Motion of Thanks** — after the Presidential address, Parliament debates and votes on a 'Motion of Thanks' moved by a member; it is effectively a confidence test at the start of each year. • 💡 Option A (Only after new government formation) is incomplete — the President also addresses the first session of each new year, not only after elections. Option B (Every session start) — the President does NOT address every session; only the first session after elections and the first session of each year. Option D (During budget session only) — the Presidential address is not limited to the budget session; it follows the calendar rule above.

Correct Answer: D. Qualified for election to Lok Sabha

• **Lok Sabha qualification (Article 58)** = to be eligible as President, a person must be qualified for election as a Lok Sabha member — Indian citizen, 35+ years, not disqualified. • **Must NOT be MP or MLA** — even if qualified for Lok Sabha, the President-elect must NOT be a sitting member of Parliament or any State Legislature; they must vacate if elected. • 💡 Option A (Qualified for election to Rajya Sabha) is the qualification required for VP, not President. Option B (Member of Parliament) — an MP must actually vacate the seat to become President; being an MP is a disqualification unless the seat is vacated. Option C (Minimum age 30 years) is the minimum age for Rajya Sabha members — the President requires 35 years, not 30.

Correct Answer: B. Rajya Sabha

• **Rajya Sabha qualification for VP** = Article 66 requires the VP candidate to be qualified for election as a Rajya Sabha member — Indian citizen, 35+ years, not holding any office of profit. • **Why RS qualification** — because the VP's primary constitutional function is to serve as Ex-officio Chairman of the Rajya Sabha (Art. 64); it is logical that they meet RS eligibility criteria. • 💡 Option A (Vidhan Sabha) — qualification for a state assembly member is 25 years; the VP requires 35 years and RS qualification, not Vidhan Sabha qualification. Option C (Lok Sabha) qualification (25 years) applies to the President's election — not the VP. Option D (Any House) — the Constitution specifies RS qualification specifically for VP; it is not 'any house'.

Correct Answer: D. Second Schedule

• **Second Schedule** = contains provisions relating to emoluments, allowances, privileges, and rights of the President, Governors, Speaker/Deputy Speaker (LS), Chairman/Deputy Chairman (RS), SC/HC judges, and the CAG. • **Mnemonic for Schedules** — 1st: States/UTs; 2nd: Emoluments; 3rd: Oaths; 4th: RS seats allocation; 5th: Scheduled Areas; 6th: Tribal Areas; 7th: Union/State/Concurrent Lists; 8th: Languages. • 💡 Option A (Fourth Schedule) allocates seats to States and UTs in the Rajya Sabha — not emoluments. Option B (Third Schedule) contains the forms of oaths and affirmations for various constitutional offices. Option C (First Schedule) lists the States and Union Territories of India — not emoluments.