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President of India

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Q80. Which of the following is NOT a constitutional eligibility condition for becoming President of India?

[SSC CHSL, memory-based paper, 18 August 2023 (Shift 1)]

(A) Qualification for election to Lok Sabha

(B) Possession of a graduate degree

(C) Indian citizenship

(D) Completion of 35 years of age

Answer: (B) Possession of a graduate degree

Explanation: Article 58 sets citizenship, minimum age of 35 years and Lok Sabha eligibility as qualifications. It contains no requirement of a university degree. A disqualifying office of profit is normally barred, subject to specified constitutional exceptions.

2022

Q79. Which method is followed for electing the President of India?

[UPSC CDS-I 2022, General Knowledge (10 April 2022)]

(A) Proportional representation only

(B) First-past-the-post only

(C) Proportional representation by the single transferable vote

(D) Proportional representation with first-past-the-post

Answer: (C) Proportional representation by the single transferable vote

Explanation: Article 55 requires proportional representation through the single transferable vote, with voting by secret ballot. The electoral college includes elected MPs and eligible elected Assembly members. A direct first-past-the-post election is not used for the President.

Q78. Which of the following is NOT a field used for presidential nominations to the Rajya Sabha?

[UPSC CDS-II 2022, General Knowledge (4 September 2022)]

(A) Literature

(B) Science

(C) Art

(D) State service

Answer: (D) State service

Explanation: The four constitutionally listed fields for nomination to the Rajya Sabha are literature, science, art and social service. Article 80 does not list State service as a separate field. The President may nominate up to twelve such members.

Q77. Which statement about a constitutional amendment Bill is NOT correct?

[UPSC CDS-I 2022, General Knowledge (10 April 2022)]

(A) It is governed by Article 368(2)

(B) A joint sitting can pass a constitutional amendment Bill

(C) State legislatures cannot introduce such Bills in Parliament

(D) Prior presidential sanction is unnecessary for its introduction

Answer: (B) A joint sitting can pass a constitutional amendment Bill

Explanation: Constitutional amendment Bills must be passed separately by each parliamentary House using the majorities specified in Article 368. There is no joint-sitting mechanism for resolving disagreement on such Bills, unlike the process applicable to certain ordinary legislation.

Q76. Which statement concerning the Union executive is NOT correct?

[UPSC CDS-I 2022, General Knowledge (10 April 2022)]

(A) Executive actions are expressed in the President’s name

(B) The President appoints the Attorney-General subject to constitutional qualifications

(C) The Council of Ministers cannot exceed ten percent of the Lok Sabha’s membership

(D) The President generally acts on the Council of Ministers’ advice

Answer: (C) The Council of Ministers cannot exceed ten percent of the Lok Sabha’s membership

Explanation: The Ninety-first Constitutional Amendment limits the total number of Union ministers, including the Prime Minister, to fifteen percent of Lok Sabha strength, not ten percent. Article 74 also requires the President to follow the Council’s advice after any reconsideration.

Q75. When the Vice-President acts as President, which statements are true?
(i) The Vice-President simultaneously remains Chairman of Rajya Sabha.
(ii) The Vice-President receives presidential emoluments.
(iii) If the acting President also becomes unavailable, the Chief Justice may discharge presidential duties.

[CGPSC Preliminary Examination 2021, held 13 February 2022]

(A) (i), (ii) and (iii)

(B) (i) and (ii)

(C) (ii) and (iii)

(D) (i) only

Answer: (C) (ii) and (iii)

Explanation: Article 65 disallows the Vice-President from acting as Rajya Sabha Chairman while performing presidential duties, but provides the President’s emoluments. Under the President (Discharge of Functions) Act, 1969, the Chief Justice can discharge the functions if both offices are unavailable.

Q74. Which statement about the Forty-fourth Constitutional Amendment is NOT true?

[CGPSC Preliminary Examination 2021, held 13 February 2022]

(A) It was enacted by the Janata government

(B) It changed provisions inserted by the Forty-second Amendment

(C) It clarified the President’s power to seek reconsideration of ministerial advice

(D) It permits the President to return ministerial advice repeatedly until satisfied

Answer: (D) It permits the President to return ministerial advice repeatedly until satisfied

Explanation: The Forty-fourth Amendment gave the President power to return ministerial advice for reconsideration once. After reconsideration, the advice becomes binding. The Amendment therefore does not permit unlimited repetitions, preserving the parliamentary principle of ministerial responsibility.

Q73. Which statements about the Finance Commission are true?
(i) It has five members.
(ii) At least one member must be a serving Supreme Court or High Court judge.
(iii) Its Chairperson cannot be reappointed.
(iv) K. Santhanam was the first Chairperson.

[CGPSC Preliminary Examination 2021, held 13 February 2022]

(A) (i), (ii) and (iv)

(B) (i), (ii) and (iii)

(C) (i) and (iii)

(D) Only (i)

Answer: (D) Only (i)

Explanation: The Finance Commission consists of a chairperson and four other members, making five in all. Judicial office is not mandatory for a member, reappointment is permissible, and K. C. Neogy, not K. Santhanam, chaired the first Commission.

Q72. Which constitutional authority promulgates an ordinance under Article 123?

[RRB Group D, 19 September 2022]

(A) Vice-President

(B) Prime Minister

(C) President

(D) Lok Sabha Speaker

Answer: (C) President

Explanation: The President may issue an ordinance under Article 123 when Parliament is not fully in session and urgent legislative action is necessary. An ordinance has temporary legal force and must be placed before Parliament after the Houses reassemble.

Q71. Under Article 53, in whom is the Union’s executive power vested?

[RRB Group D, 24 August 2022]

(A) Governor

(B) Chief Justice of India

(C) Prime Minister

(D) President

Answer: (D) President

Explanation: Article 53 vests the executive power of the Union in the President, to be exercised directly or through subordinate officers in accordance with the Constitution. Article 74 ensures that political execution normally follows ministerial advice.

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