President & VP — Set 9

Correct Answer: D. 3 years

• **Maximum 3 years of President's Rule** = Article 356 allows President's Rule to be extended up to 3 years in total, but Parliament must approve it every 6 months. • **Beyond 1 year requires special conditions** = extending beyond 1 year requires either (a) a National Emergency being in operation in the state, OR (b) the Election Commission certifying that elections cannot be held. • 💡 Option A (1 year) is the normal maximum without special conditions — beyond 1 year requires the specific conditions noted above. Option B (2 years) — the Constitution does not fix a 2-year limit; the 6-monthly renewals can go up to 3 years. Option C (6 months) is the duration of each renewable period but is not the maximum total duration — it can be extended multiple times.

Correct Answer: C. Money Bill

• **Money Bill cannot be returned** = Article 111 read with Article 109 — the President cannot return a Money Bill for reconsideration because prior Presidential recommendation was required for its introduction. • **Only two options for Money Bill** — give assent (normal) or withhold assent (extremely rare, has never happened); sending it back is not an option. • 💡 Option A (Private Bill) can be returned — if a private member's bill (non-money) is sent back by the President for reconsideration, Parliament can pass it again and bind the President. Option B (Constitution Amendment Bill) must receive Presidential assent after the 24th Amendment (1971) — though it cannot be returned, it is also a 'cannot-return' category. Option D (Ordinary Bill) is the only type the President can use the Suspensive Veto on — return it once for reconsideration.

Correct Answer: B. Absolute, Suspensive, Pocket

• **Three Presidential vetoes** = Absolute Veto (withholds assent permanently — rare, used once with PEPSU bill 1954), Suspensive Veto (returns bill for reconsideration — overridden by simple majority), Pocket Veto (keeps bill pending indefinitely — used by Giani Zail Singh in 1986). • **No Qualified Veto in India** — the US President's veto can be overridden only by a 2/3rd majority (Qualified Veto); in India, if the President uses Suspensive Veto and Parliament passes the bill again, the President must assent — even by a simple majority. • 💡 Option A (Qualified, Absolute, Pocket) — 'Qualified Veto' belongs to the US system, not India; India's three vetoes are Absolute, Suspensive, and Pocket. Option C (Direct, Indirect, Pocket) — 'Direct' and 'Indirect' are not recognised veto categories for the Indian President. Option D (Absolute, Qualified, Suspensive) again includes 'Qualified Veto' which the Indian President does not have.

Correct Answer: B. President

• **Only President pardons death sentence** = Article 72 gives the President exclusive power to grant a full pardon in cases of death sentence; the Governor under Article 161 cannot pardon a death sentence — only the President can. • **Governor's limit** — the Governor can suspend, remit, or commute sentences but cannot issue a full pardon for death sentences; this ensures a federal safety valve in the most irreversible punishment. • 💡 Option A (Prime Minister) has no constitutional pardoning power — pardons are an executive prerogative vested in the President alone under Art. 72. Option C (Chief Justice) can only review death sentence verdicts judicially — judicial review is separate from executive pardon. Option D (Governor) can grant pardons for state offences and can commute/remit/reprieve death sentences, but CANNOT grant full pardon for death sentences — only the President can.

Correct Answer: D. Must give assent

• **Mandatory assent after re-passage** = Article 111 — if the President returns an ordinary bill (Suspensive Veto) and Parliament passes it again with or without amendments, the President is constitutionally required to give assent. • **Suspensive = one-time veto** — the Indian President can use the Suspensive Veto only once on an ordinary bill; re-passage by Parliament overrides it completely, even by a simple majority. • 💡 Option A (Can refer to Supreme Court) — Article 143 allows Presidential reference to SC but only for advisory opinion on questions of law/fact, not to stop a bill that Parliament has re-passed. Option B (Can return it again) — the Constitution does not allow a second return; after re-passage the President must assent. Option C (Can use Pocket Veto) — once the President has exercised the Suspensive Veto and Parliament re-passes the bill, the Pocket Veto cannot be applied to the same bill.

Correct Answer: B. President

• **President appoints Governors (Article 155)** = the Governor of each state is appointed by the President by warrant under the President's hand and seal. • **Pleasure of the President** = Article 156 — the Governor holds office during the President's pleasure and can be removed without any formal process; no impeachment procedure exists for a Governor. • 💡 Option A (Chief Justice) appoints no executive officials — the CJI leads the judiciary and has no role in Governor appointments. Option C (Prime Minister) recommends Governor appointments in practice (on Cabinet advice) but the formal appointment is by the President. Option D (Chief Minister) heads the state government but has no role in appointing the Governor — the Governor is appointed centrally.

Correct Answer: C. Article 72

• **Article 72 scope** = the President's pardoning power covers three categories: (1) offences against Union laws, (2) offences by persons in court-martial, and (3) all cases where the punishment is death. • **Independent of judiciary** — the pardoning power is an executive power; the President (acting on Cabinet advice) can pardon even after judicial processes are exhausted; it is a check on the judiciary's finality. • 💡 Option A (Article 76) establishes the Attorney General of India — completely unrelated to pardoning power. Option B (Article 61) deals with the Presidential impeachment procedure — not pardoning. Option D (Article 52) declares the existence of the President's office — not the pardoning power.

Correct Answer: C. Article 61

• **Article 61 — impeachment procedure** = lays down the step-by-step process for removing the President: 14-day notice (signed by 1/4 members) → charges preferred in House 1 → House 2 investigates → both Houses pass resolution by 2/3rd of total membership. • **Quasi-judicial character** — the process resembles a court trial: charges are framed, investigated, and the President has the right to appear and be heard before the investigating House. • 💡 Option A (Article 56) specifies the 5-year term and conditions for vacating the office — not the impeachment procedure. Option B (Article 58) lists the qualifications for being elected President (age 35, Indian citizen, etc.) — not impeachment. Option D (Article 60) contains the President's oath — 'preserve, protect and defend the Constitution' — not the impeachment article.

Correct Answer: A. 5 years

• **5-year VP term (Article 66)** = the Vice-President holds office for 5 years from the date of entering upon the office; there is no limit on the number of terms. • **Three exit routes** — (1) completion of 5-year term, (2) resignation by writing to the President, (3) removal by Rajya Sabha (effective majority) + Lok Sabha agreement (simple majority). • 💡 Option B (6 years) is the Rajya Sabha member's term — not the VP's term; the VP chairs Rajya Sabha but has a different tenure. Option C (No fixed term) is wrong — the Constitution clearly fixes 5 years for the VP under Article 66. Option D (4 years) has no constitutional basis for the VP's term — no Indian constitutional office has a 4-year term.

Correct Answer: D. Article 61

• **Article 61** = the sole article dealing with Presidential impeachment — specifying the initiation (either House), notice requirement (1/4 members, 14 days), and the majority needed (2/3rd of total membership of both Houses). • **Process summary** — charges preferred in either House → 14-day advance notice → investigating House inquires → President has right to be heard → both Houses must pass resolution by 2/3rd of total membership. • 💡 Option A (Article 56) deals with the term of office of the President and how the office becomes vacant — not the impeachment procedure. Option B (Article 57) allows a person who has held the Presidential office to be eligible for re-election — not impeachment. Option C (Article 58) specifies qualifications for election as President (age, citizenship, etc.) — not the impeachment procedure.