President & VP — Set 7

Correct Answer: B. President

• ** appointment (Article 316)** = the Chairman and members of the Union Public Service Commission are appointed by the President; this appointment ensures's independent constitutional status. • **SC reference for removal** = unlike the AG or Governors (removable at President's pleasure), members can only be removed by the President after the Supreme Court holds an inquiry and recommends removal. • 💡 Option A (Education Minister) has no constitutional role appointments — is a constitutional body appointed by the President. Option C (Prime Minister) may recommend candidates but the formal appointment is by the President. Option D (Home Minister) also has no specific constitutional authority to appoint members.

Correct Answer: A. President

• **Presidential appointment of judges** = Articles 124(2) and 217(1) require the President to appoint SC and HC judges respectively; the formal warrant of appointment is signed by the President. • **Collegium system** — in practice, the President acts on the recommendation of the Collegium (CJI + 4 senior SC judges); if the President returns the recommendation, the Collegium can reiterate and the President is then bound to appoint. • 💡 Option B (Chief Justice of India) leads the Collegium and recommends names but does not formally appoint — the appointment is constitutionally made by the President. Option C (Collegium) recommends but does not appoint — the formal act is Presidential. Option D (Law Minister) is consulted in practice but has no constitutional power to appoint judges.

Correct Answer: B. Article 352

• **Article 352** = empowers the President to proclaim a National Emergency on grounds of war, external aggression, or armed rebellion (the word 'internal disturbance' was replaced by 'armed rebellion' by the 44th Amendment, 1978). • **Parliamentary approval within 1 month** — the proclamation must be approved by each House of Parliament by a special majority (2/3 of members present and voting + majority of total membership) within one month. • 💡 Option A (Article 355) imposes a duty on the Centre to protect states from external aggression and internal disturbance — not the Emergency proclamation article. Option C (Article 360) deals with Financial Emergency (failure of financial stability of India) — not National Emergency. Option D (Article 356) deals with President's Rule in a state — not National Emergency.

Correct Answer: D. President

• **Presidential assent required** = Article 111 states that when a bill is presented to the President, they may give assent, withhold assent, or return it for reconsideration; only after assent does it become an Act. • **Money Bill exception** — the President cannot return a Money Bill; they must give or withhold assent; a Constitutional Amendment Bill must receive assent (no choice) after the 24th Amendment. • 💡 Option A (Supreme Court) does not make laws — it interprets them; Presidential assent is a legislative, not judicial, function. Option B (Speaker) presides over Lok Sabha proceedings and certifies Money Bills but does not give final assent to convert a bill into an Act. Option C (Prime Minister) is the executive head but has no constitutional role in giving assent — that is the President's function.

Correct Answer: A. 6 weeks of reassembly

• **6 weeks after reassembly** = an Ordinance ceases to operate 6 weeks after Parliament reassembles; if Parliament passes a disapproving resolution earlier, it lapses on that date. • **Maximum life formula** — since a Parliamentary session can be prorogued for up to 6 months, the maximum duration of an Ordinance without Parliament meeting is approximately 6 months + 6 weeks. • 💡 Option B (6 months) is only half the answer — 6 months is the gap period before Parliament meets; the 6-week approval window after reassembly makes the total longer. Option C (3 months) is incorrect — no 3-month rule exists for Ordinance expiry. Option D (1 year) far exceeds the constitutional limit; Ordinances cannot survive for a year without Parliamentary approval.

Correct Answer: D. President

• **Article 85** = empowers the President to summon each House of Parliament to meet, prorogue the Houses, and dissolve the Lok Sabha. • **Three terms distinguished** — Summoning = calling the session to begin; Proroguing = terminating a session (done by President); Adjournment = suspending a sitting within a session (done by Speaker/Chairman). • 💡 Option A (Speaker) adjourns sittings within a session but cannot summon or prorogue — those powers rest with the President. Option B (Chief Justice) has no role in parliamentary sessions — judiciary and legislature are separate. Option C (Prime Minister) advises the President on when to summon/prorogue but does not formally exercise the constitutional power.

Correct Answer: D. The President

• **Article 53** = vests the executive power of the Union in the President; it shall be exercised by the President either directly or through officers subordinate to them. • **Nominal vesting** — though the executive power is formally in the President, it is in practice exercised by the Council of Ministers (PM and Cabinet) under Article 74 — the President acts on their aid and advice. • 💡 Option A (The Council of Ministers) wields real executive power but is not the constitutional repository — Art. 53 vests executive power in the President, not the CoM directly. Option B (The Parliament) is the legislative branch — executive power under Art. 53 is separate from Parliament. Option C (The Prime Minister) is the real executive but is not the constitutional vessel in which executive power is formally vested.

Correct Answer: A. Should not hold any office of profit

• **No office of profit (Article 59)** = the President shall not hold any other office of profit, must not be a member of Parliament or any State Legislature, and is entitled to an official residence without rent. • **Immunity during term** — the President is not answerable to any court for acts done in exercise of presidential powers (Article 361); they also get immunity from criminal proceedings while in office. • 💡 Option B (Must be a graduate) is not a constitutional qualification for the President — India's Constitution does not require any educational qualification for the office. Option C (Must be a member of Lok Sabha) is exactly opposite — the President must NOT be an MP; they must vacate membership if elected. Option D (Must reside in his home state) has no constitutional basis — the President resides in Rashtrapati Bhavan, New Delhi.

Correct Answer: A. Article 54

• **Article 54** = defines the composition of the Electoral College for Presidential election — elected members of both Houses of Parliament AND elected members of State Legislative Assemblies. • **Article 55** = separately defines the 'Manner of Election' — specifying that the vote values of MLAs and MPs are calculated to achieve uniformity and to ensure representation is proportionate to population. • 💡 Option B (Article 52) declares the existence of the office of the President — 'There shall be a President of India' — not the Electoral College definition. Option C (Article 56) specifies the President's term of office and how the President may vacate — not the Electoral College. Option D (Article 55) defines the 'manner' of election — the actual method — while Article 54 defines the Electoral College.

Correct Answer: D. President

• **Single Transferable Vote (STV)** = voters rank candidates in order of preference; if no candidate reaches the quota on first preference, lower-preference votes are transferred progressively until a candidate meets the quota. • **Why STV for President** — ensures the elected President has majority backing within the Electoral College; prevents election of a candidate who is ranked last by most voters. • 💡 Option A (Prime Minister) is appointed by the President and not elected by any voting method — hence no STV applies. Option B (Sarpanch) is elected at the village panchayat level by direct vote — STV is not used here. Option C (Lok Sabha MPs) are elected via First-Past-The-Post system by direct popular vote — not STV.