Examkin

Union Executive: President, Vice-President, PM, and Council of Ministers

35 questions

All types35Multiple choice17Multiple select10Matching8
Question 1Question →

Under the Constitution of India, the executive clemency powers of the President under Article 72 and the Governor under Article 161 exhibit key procedural and constitutional differences. Which of the following statements accurately describes a constitutional distinction between the pardoning powers of the President and a State Governor?

Show answer & explanation

Answer: The President is the sole authority empowered to grant a pardon for a sentence of death, whereas a State Governor can only suspend, remit, or commute a death sentence.

Answer

The President is the sole authority empowered to grant a pardon for a sentence of death, whereas a State Governor can only suspend, remit, or commute a death sentence.
Under Article 72, the President has exclusive authority to grant a complete pardon in all cases where the sentence is a sentence of death. Under Article 161, a Governor can suspend, remit, or commute a sentence of death, but cannot grant a full pardon for it.

Step-by-Step Solution

1
Examine Article 72 of the Constitution of India regarding Presidential pardoning powers.
Article 72 grants the President power to grant pardons, reprieves, respites, or remissions of punishment in three specific instances: Court Martial cases, offenses against Union laws, and all cases involving a sentence of death.
Establishes the extent of executive clemency granted to the Union Executive head.
2
Examine Article 161 regarding the Governor's pardoning powers and compare it with Article 72.
Article 161 empowers the Governor regarding offenses against State laws, but explicitly excludes Court Martial cases and full pardons for death sentences.
Directly highlights the constitutional distinction between Presidential and Gubernatorial clemency scope.
3
Identify the accurate statement based on constitutional provisions.
Even though a Governor can suspend, remit, or commute a death sentence, the power to completely pardon a death sentence rests exclusively with the President of India.
Confirms the correct distinction matching the question requirement.

Key Concept

Pardoning Powers of the President (Article 72) versus Governor (Article 161)
Question 2Question →

Which of the following statements regarding the powers and constitutional provisions of the Union Executive of India are correct?

Select all that apply

Show answer & explanation

Answer: All executive actions of the Government of India are formally expressed to be taken in the name of the President.; The Prime Minister is appointed by the President, and other Ministers are appointed by the President on the advice of the Prime Minister.

Answer

The statements confirming that all executive actions of the Government of India are expressed in the name of the President, and that the Prime Minister and Council of Ministers are appointed by the President (with ministers appointed on the advice of the Prime Minister), are correct.
The statements explaining that Union executive actions are formally taken in the President's name (Article 77) and that the Prime Minister and other Ministers are appointed by the President (Article 75) are constitutionally correct.

Step-by-Step Solution

1
Examine constitutional provisions governing executive actions of the Union Government.
Article 77 specifies that all executive actions of the Union are taken in the name of the President.
To verify formal executive authority under the Constitution.
2
Analyze appointment procedures for the Prime Minister and Council of Ministers.
Article 75(1) mandates that the President appoints the Prime Minister, while other Ministers are appointed by the President on the advice of the Prime Minister.
To evaluate the legal procedure for forming the Council of Ministers.
3
Evaluate the scope of pardoning power for death sentences between the President and Governors.
Article 72 gives exclusive power to the President to pardon death sentences; the Governor's pardoning power under Article 161 does not extend to pardoning a death sentence.
To identify differences between Presidential and Gubernatorial pardoning powers.
4
Check the official role of the Vice-President as a presiding officer.
Article 64 states that the Vice-President is the ex-officio Chairman of the Rajya Sabha, not the Lok Sabha.
To verify constitutional duties of the Vice-President.

Key Concept

Constitutional provisions governing the Union Executive, including Presidential powers, appointment of Ministers, and roles of the Vice-President
Question 3Question →

Under the Constitution of India, which Article specifically empowers the President of India to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute sentences?

Show answer & explanation

Answer: Article 72

Answer

Article 72 of the Constitution of India empowers the President to grant pardons, reprieves, respites, or remissions of punishment.
Article 72 of the Indian Constitution grants the President of India the power to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offence in cases where the punishment is by a Court Martial, relates to a matter to which executive power of the Union extends, or is a sentence of death.

Step-by-Step Solution

1
Identify the core constitutional provision being tested
The question asks for the specific Article granting judicial/pardoning power to the President of India.
Constitutional provisions explicitly delineate executive authority between Union and State functionaries.
2
Recall relevant constitutional articles regarding executive powers
Article 72 belongs to Part V (The Union) under the President's powers, whereas Article 161 belongs to Part VI (The States) under Governor powers.
Distinguishing Union Executive powers from State Executive powers prevents misattribution of constitutional articles.

Key Concept

Pardoning Power of the President of India (Article 72)
Question 4Question →

Match the dignitaries and bodies of the Union Executive in List-I with their corresponding constitutional roles or provisions in List-II:

Click a left item, then click its matching right item

Items

President of India
Vice-President of India
Prime Minister of India
Union Council of Ministers

Matches

Show answer & explanation

Answer

President of India corresponds to Supreme Commander of the Defence Forces of the Union; Vice-President of India corresponds to Ex-officio Chairman of the Council of States (Rajya Sabha); Prime Minister of India corresponds to Head of Government and chief channel of communication to the President; Union Council of Ministers corresponds to Collectively responsible to the House of the People (Lok Sabha).
Each dignitary and executive body matches directly with their core constitutional mandate: the President is Supreme Commander of the Defence Forces (Article 53(2)), the Vice-President is Ex-officio Chairman of Rajya Sabha (Article 64), the Prime Minister is Head of Government and primary link to the President (Article 78), and the Council of Ministers is collectively responsible to Lok Sabha (Article 75(3)).

Step-by-Step Solution

1
Identify the constitutional designation of the President of India
Under Article 53(2), the President is the Supreme Commander of the Union Defence Forces.
This establishes executive military headship in the President.
2
Identify the ex-officio role of the Vice-President of India
Under Article 64, the Vice-President holds the position of ex-officio Chairman of the Rajya Sabha.
This defines the parliamentary presiding duty of the Vice-President.
3
Determine the distinct roles of the Prime Minister and Council of Ministers
The Prime Minister functions as the Head of Government and main advisor/communicator to the President, while the Council of Ministers is collectively accountable to the Lok Sabha under Article 75(3).
This completes the pairing for the cabinet and parliamentary government structure.

Key Concept

Constitutional Roles of the Union Executive
Question 5Question →

According to the Constitution of India, to which of the following bodies is the Union Council of Ministers collectively responsible?

Show answer & explanation

Answer: The Lok Sabha (House of the People)

Answer

The Lok Sabha (House of the People)
According to Article 75(3) of the Constitution of India, the Council of Ministers is collectively responsible to the Lok Sabha (House of the People). This principle forms the bedrock of parliamentary democracy in India, ensuring that the ministry remains in power only as long as it enjoys the confidence of the directly elected representatives.

Step-by-Step Solution

1
Identify the constitutional provision governing executive accountability to the legislature.
Article 75(3) of the Constitution of India addresses the collective responsibility of the Council of Ministers.
Constitutional provisions clearly define the relationship between the executive and legislative branches.
2
Determine the specific legislative body named in Article 75(3).
Article 75(3) specifies that the Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
This establishes the democratic principle of executive accountability to the directly elected house of representatives.

Key Concept

Collective Responsibility of the Union Council of Ministers
Question 6Question →

Regarding the Vice-President of India under the Constitution, which of the following statements are correct?

Select all that apply

Show answer & explanation

Answer: The Vice-President serves as the ex-officio Chairman of the Rajya Sabha.; The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament.

Answer

The statements confirming that the Vice-President acts as the ex-officio Chairman of the Rajya Sabha and is elected by members of both Houses of Parliament are correct.
The Vice-President serves as the ex-officio Chairman of the Rajya Sabha (Article 64) and is elected by an electoral college composed of members of both Houses of Parliament (Article 66(1)).

Step-by-Step Solution

1
Evaluate the ex-officio role of the Vice-President
Article 64 explicitly states that the Vice-President of India is the ex-officio Chairman of the Council of States (Rajya Sabha).
This is a fundamental constitutional provision governing the leadership of the Upper House.
2
Examine the removal procedure
Removal requires a resolution originating in the Rajya Sabha passed by an effective majority and agreed to by the Lok Sabha.
The Lok Sabha cannot unilaterally pass a resolution to remove the Vice-President.
3
Verify the composition of the electoral college
Article 66(1) specifies that the electoral college consists of all members (both elected and nominated) of both Houses of Parliament.
Unlike the Presidential election, state legislative assemblies do not participate in the election of the Vice-President.
4
Check the tenure length
The standard tenure is five years under Article 67.
Confusing the tenure of the Vice-President with the six-year term of individual Rajya Sabha members is a common mistake.

Key Concept

Constitutional provisions, election, tenure, and functions of the Vice-President of India
Question 7Question →

With reference to the constitutional framework of the Union Executive, what is the precise legal consequence on the Council of Ministers when an incumbent Prime Minister dies in office or submits their resignation to the President?

Show answer & explanation

Answer: The Union Council of Ministers automatically stands dissolved, as the Prime Minister is the central pillar of the Cabinet.

Answer

The Union Council of Ministers automatically stands dissolved, as the Prime Minister is the central pillar of the Cabinet.
The Prime Minister occupies a pivotal position in the Indian parliamentary democracy as the head of the Union Council of Ministers. Because the Council of Ministers comes into existence only after the Prime Minister takes the oath and advises the President on ministerial appointments, the resignation or death of an incumbent Prime Minister automatically brings about the dissolution of the entire Council of Ministers.

Step-by-Step Solution

1
Analyze the constitutional position of the Prime Minister in relation to the Union Council of Ministers under Article 74 and Article 75.
The Prime Minister is the head of the Council of Ministers and the cornerstone of the Cabinet arch.
The existence of the Council of Ministers is fundamentally tied to the leadership of the Prime Minister.
2
Evaluate the effect of a Prime Minister's death or resignation on the Council of Ministers.
The resignation or demise of the Prime Minister automatically dissolves the Council of Ministers, creating a vacuum.
Since ministers are appointed on the advice of the Prime Minister, the exit of the Prime Minister collapses the entire executive body.
3
Distinguish between the dissolution of the Council of Ministers and the dissolution of the Lok Sabha.
Only the ministry collapses; the Lok Sabha remains intact unless specifically dissolved by the President.
A new Prime Minister can be appointed if a political party or coalition demonstrates majority support in the Lok Sabha.

Key Concept

Constitutional Position and Primacy of the Prime Minister in the Union Executive
Question 8Question →

Under Article 75 of the Constitution of India, on whose advice does the President appoint the other members of the Union Council of Ministers?

Show answer & explanation

Answer: The Prime Minister

Answer

The President appoints the members of the Union Council of Ministers on the advice of the Prime Minister.
Article 75(1) of the Indian Constitution mandates that the Prime Minister is appointed by the President, and all other Union Ministers are appointed by the President strictly on the advice of the Prime Minister.

Step-by-Step Solution

1
Identify the relevant constitutional provision regarding the appointment of Union Ministers.
Article 75(1) of the Constitution of India specifies the procedure for appointing members of the Union Council of Ministers.
Article 75(1) explicitly states: 'The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.'

Key Concept

Appointment of Union Ministers under Article 75
Question 9Question →

Match the Constitutional Articles of the Union Executive in List-I with their corresponding provisions in List-II:

Click a left item, then click its matching right item

Items

Article 52
Article 63
Article 72
Article 74

Matches

Show answer & explanation

Answer

Article 52 matches the establishment of the office of the President of India; Article 63 matches the provision establishing the office of the Vice-President of India; Article 72 matches the power of the President to grant pardons; and Article 74 matches the Council of Ministers to aid and advise the President.
Each article under Part V of the Constitution of India corresponds to its explicit provision: Article 52 establishes the President of India, Article 63 provides for the Vice-President of India, Article 72 grants pardoning powers to the President, and Article 74 specifies that the Council of Ministers aids and advises the President.

Step-by-Step Solution

1
Identify the scope of Article 52
Article 52 establishes the executive office of the President of India.
It is the foundational constitutional provision for the Union Executive.
2
Identify the scope of Article 63
Article 63 mandates the office of the Vice-President of India.
It specifies the creation of the second-highest constitutional dignitary.
3
Identify the scope of Article 72
Article 72 defines the judicial and executive pardoning powers of the President.
It empowers the President to grant pardons, reprieves, and remissions.
4
Identify the scope of Article 74
Article 74 establishes the Council of Ministers headed by the Prime Minister to aid and advise the President.
It forms the core basis of cabinet government at the Union level.

Key Concept

Key Articles governing the Union Executive under Part V of the Constitution of India
Question 10Question →

Which of the following statements regarding the constitutional provisions and executive powers of the President and the Prime Minister of India are correct?

Select all that apply

Show answer & explanation

Answer: The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court of law under Article 74(2).; Under Article 78, it is the constitutional duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to Union administration and proposals for legislation.

Answer

The correct statements are the non-justiciability of ministerial advice tendered to the President under Article 74(2), and the constitutional obligation of the Prime Minister to communicate administrative decisions and legislative proposals to the President under Article 78.
The statement regarding Article 74(2) is correct because the Constitution explicitly prohibits courts from inquiring into advice tendered by Ministers to the President. Additionally, the statement on Article 78 is correct as it accurately captures the constitutional duty of the Prime Minister to inform the President of all cabinet decisions and legislative proposals.

Step-by-Step Solution

1
Examine the constitutional protection regarding ministerial advice to the President under Article 74(2).
Article 74(2) provides complete judicial immunity regarding advice tendered by Ministers to the President.
This safeguards executive confidentiality and maintains the parliamentary framework.
2
Analyze the conditions required for issuing an Ordinance under Article 123.
An Ordinance can be promulgated if either House of Parliament is prorogued or not in session, as lawmaking requires both Houses.
Claiming that both Houses must be out of session misinterprets parliamentary lawmaking prerequisites.
3
Evaluate the duties of the Prime Minister under Article 78.
Article 78(a) establishes a mandatory channel of communication where the Prime Minister must submit all decisions of the Council of Ministers to the President.
This ensures the Constitutional Head remains updated on governance and administrative affairs.
4
Compare pardoning powers regarding Court Martial sentences under Article 72 and Article 161.
Pardoning power over Court Martial sentences belongs exclusively to the President under Article 72; Governors under Article 161 do not possess this jurisdiction.
Military tribunals fall strictly under Union jurisdiction.

Key Concept

Constitutional Executive Powers and Nuances under Articles 72, 74, 78, 123, and 161
Estimated Time:2m 0s
Question 11Question →

With reference to the constitutional provisions governing the ordinance-making power of the Union Executive under Article 123 of the Constitution of India, which of the following statements correctly describes the legal boundary and procedural scope of the President's power?

Show answer & explanation

Answer: The President can promulgate an ordinance when both Houses of Parliament are not in session, or when only one House is in session, provided the President is satisfied that circumstances render immediate action necessary.

Answer

The President can promulgate an ordinance when both Houses of Parliament are not in session, or when only one House is in session, provided the President is satisfied that circumstances render immediate action necessary.
Under Article 123 of the Constitution of India, the President can issue an ordinance when either both Houses of Parliament are not in session, or when only one House is in session. Because a law requires the concurrence of both Houses to be enacted, the non-session of even a single House renders parliamentary lawmaking impossible, justifying emergency executive legislation if immediate action is required.

Step-by-Step Solution

1
Analyze the parliamentary session condition under Article 123 of the Constitution.
Since legislation requires approval from both the Lok Sabha and the Rajya Sabha, if even one House is not in session, ordinary legislation cannot be passed, thereby satisfying the condition for issuing an ordinance.
Article 123(1) explicitly states that an ordinance can be promulgated except when both Houses of Parliament are in session.
2
Evaluate the requirement of Executive Aid and Advice.
The exercise of ordinance-making power is not a discretionary power of the President.
Under Article 74(1), the President acts on the binding aid and advice of the Union Council of Ministers headed by the Prime Minister (as affirmed in Samsher Singh v. State of Punjab).
3
Examine the lifespan and expiry timeline of a presidential ordinance.
An ordinance must be laid before both Houses of Parliament and ceases to operate at the expiration of six weeks from the reassembly of Parliament, unless disapproved earlier.
Article 123(2)(a) mandates six weeks from the reassembly of Parliament as the constitutional expiration deadline, not six months from promulgation.
4
Assess the judicial reviewability of the President's subjective satisfaction under Article 123.
The satisfaction of the President is open to judicial scrutiny if it is shown to be a colorable exercise of power or fraudulent.
The 44th Constitutional Amendment Act, 1978 deleted Clause (4) of Article 123 (inserted by 38th Amendment), restoring judicial review as confirmed in RC Cooper (1970) and Krishna Kumar Singh (2017).

Key Concept

Ordinance-making power of the Union Executive (Article 123)
Question 12Question →

Regarding the ordinance-making power of the President of India under Article 123 of the Constitution, which of the following statements are constitutionally correct?

Select all that apply

Show answer & explanation

Answer: An ordinance promulgated by the President has the same force and effect as an Act of Parliament, and it can be issued when either of the two Houses of Parliament is not in session.; Every ordinance promulgated by the President must be laid before both Houses of Parliament and automatically ceases to operate six weeks after the reassembly of Parliament, unless disapproved earlier.

Answer

The constitutionally correct statements are: (1) An ordinance promulgated by the President has the same force as an Act of Parliament and can be issued when either House is not in session, and (2) Every ordinance must be laid before both Houses of Parliament upon reassembly and ceases to operate six weeks after reassembly unless disapproved earlier.
The statement regarding the promulgation when either House is not in session is correct because a law cannot be enacted by Parliament without both Houses meeting. The statement regarding parliamentary reassembly is correct as Article 123(2)(a) stipulates an automatic six-week expiry period from the reassembly date of Parliament.

Step-by-Step Solution

1
Analyze the session prerequisite for issuing an ordinance under Article 123.
Since lawmaking requires approval by both Houses, if either House is not in session, legislation cannot be passed, making it constitutionally permissible for the President to issue an ordinance.
Article 123(1) explicitly permits ordinance promulgation when 'except when both Houses of Parliament are in session'.
2
Evaluate the constitutional limitations on the subject matter of ordinances.
Ordinances are subject to the same constitutional limitations as Acts of Parliament and cannot be used to amend the Constitution under Article 368.
The power to amend the Constitution requires special parliamentary majorities and procedure under Article 368, which cannot be bypassed via executive ordinances.
3
Examine the parliamentary approval timeline and life of an ordinance.
An ordinance must be presented to Parliament when it reassembles and lapses automatically six weeks from the date of reassembly unless disapproved or replaced by an Act.
Article 123(2)(a) mandates parliamentary control over executive legislation.
4
Compare the nature of executive satisfaction for the President and the Governor.
Neither executive acts in individual discretion; both act on the binding aid and advice of their respective Council of Ministers.
Articles 74/123 (Union) and Articles 163/213 (State) establish cabinet responsibility for ordinance promulgation.

Key Concept

Ordinance-making power of the President (Article 123) and its constitutional limits
Estimated Time:2m 0s
Question 13Question →

Under the Constitution of India, when the Vice-President acts as President or discharges the functions of the President during a casual vacancy in the office of the President, which of the following constitutional provisions correctly applies to the Vice-President during this period?

Show answer & explanation

Answer: The Vice-President ceases to perform the duties of the Chairman of the Council of States and is entitled to the emoluments, privileges, and powers of the President of India.

Answer

The Vice-President ceases to perform the duties of the Chairman of the Council of States and is entitled to the emoluments, privileges, and powers of the President of India.
Under Article 64 and Article 65(3) of the Constitution of India, whenever the Vice-President acts as President or discharges the functions of the President, they cease to perform the duties of the ex-officio Chairman of the Council of States (Rajya Sabha). During this period, the Vice-President is entitled to all powers, immunities, privileges, and emoluments associated with the office of the President of India.

Step-by-Step Solution

1
Analyze the constitutional provisions of Article 64 and Article 65 regarding the Vice-President acting as President.
Article 65(1) states that during a casual vacancy due to death, resignation, or removal of the President, the Vice-President acts as President until a new President takes office.
To determine the structural shift in the Vice-President's role.
2
Examine the status of the Vice-President's ex-officio role as Chairman of the Council of States (Rajya Sabha).
Article 64 (proviso) specifies that during any period when the Vice-President acts as President, the Vice-President shall not perform the duties of the office of Chairman of the Council of States.
To verify whether legislative duties continue during executive discharge.
3
Evaluate the financial entitlements, immunities, and powers of the Vice-President during this interim period under Article 65(3).
The Vice-President has all powers and immunities of the President and is entitled to emoluments, allowances, and privileges specified in the Second Schedule or determined by Parliament.
To confirm complete assumption of presidential authority and remuneration.

Key Concept

Constitutional provisions governing the Vice-President acting as President under Articles 64 and 65
Question 14Question →

Match the Constitutional Articles concerning the Union Executive in List-I with their specific constitutional provisions in List-II:

Click a left item, then click its matching right item

Items

Article 61
Article 71
Article 77
Article 78

Matches

Show answer & explanation

Answer

Article 61 matches with the procedure for impeachment of the President; Article 71 matches with inquiry and decision by the Supreme Court on presidential/vice-presidential election disputes; Article 77 matches with conduct of business of the Government of India in the President's name; and Article 78 matches with duties of the Prime Minister regarding the furnishing of information to the President.
Article 61 deals with the procedure for impeachment of the President. Article 71 establishes that election disputes involving the President or Vice-President are inquired into and decided by the Supreme Court. Article 77 provides that all executive actions of the Government of India shall be expressed in the name of the President. Article 78 delineates the duties of the Prime Minister to furnish information regarding administration and legislation to the President.

Step-by-Step Solution

1
Analyze the constitutional safeguards and dispute mechanisms associated with the President and Vice-President under Articles 61 and 71.
Article 61 prescribes the quasi-judicial procedure for impeaching the President, whereas Article 71 confers exclusive original jurisdiction on the Supreme Court to adjudicate presidential and vice-presidential election disputes.
Distinguishing between parliamentary removal mechanisms and judicial election dispute resolution is essential for executive accountability.
2
Examine the executive conduct and communication provisions under Articles 77 and 78.
Article 77 mandates that all Union executive actions be taken in the name of the President, while Article 78 outlines the Prime Minister's mandatory reporting duties to the President.
These constitutional mandates govern the formal execution of governance and maintain the vital link between the Cabinet and the Head of State.
3
Synthesize the analysis to form the exact matching pairs between List-I and List-II.
Article 61 pairs with impeachment procedure; Article 71 pairs with Supreme Court election dispute decisions; Article 77 pairs with conduct of executive business; and Article 78 pairs with Prime Minister's reporting duties.
Ensures precise alignment with constitutional articles governing the Union Executive under Part V of the Constitution of India.

Key Concept

Constitutional Articles governing impeachment, election disputes, executive conduct, and prime ministerial duties within the Union Executive
Estimated Time:1m 30s
Question 15Question →

With reference to the Constitutional powers and executive role of the President of India, consider the following statements:

1. The power of the President to grant pardons under Article 72 extends to sentences imposed by a Court Martial, whereas the Governor possesses no such power under Article 161.
2. The 44th Constitutional Amendment Act, 1978 made the advice tendered by the Council of Ministers unconditionally binding on the President upon first submission.
3. Under Article 78, it is the constitutional duty of the Prime Minister to furnish such information relating to the administration of affairs of the Union as the President may call for.

Which of the statements given above are correct?

Show answer & explanation

Answer: 1 and 3 only

Answer

The correct answer is the option stating that only statements 1 and 3 are correct.
The option selecting statements 1 and 3 is correct. Under Article 72(1)(a), only the President possesses the authority to grant pardons for sentences awarded by a Court Martial. Under Article 78(b), the Prime Minister is constitutionally obligated to furnish administrative information requested by the President. Statement 2 is false because the 44th Amendment Act of 1978 empowered the President to return advice to the Council of Ministers for one-time reconsideration under Article 74(1).

Step-by-Step Solution

1
Evaluate Statement 1 regarding pardoning power differences between the President and Governor.
Statement 1 is correct. Under Article 72, the President can grant pardons, reprieves, respites, or remissions in all cases where the punishment is by a Court Martial. Article 161 does not confer court-martial pardoning powers on the Governor.
Constitutional provisions under Article 72 specifically delineate military court sentences within the exclusive domain of the Union Executive head.
2
Evaluate Statement 2 regarding the impact of the 44th Constitutional Amendment Act on Article 74.
Statement 2 is incorrect. The 42nd Amendment Act (1976) made ministerial advice binding on the President. The 44th Amendment Act (1978) amended Article 74(1) by adding a proviso that allows the President to require the Council of Ministers to reconsider such advice once, though the reconsidered advice remains binding.
The 44th Amendment restored a limited check by giving the President the power of reconsideration.
3
Evaluate Statement 3 regarding Presidential information rights under Article 78.
Statement 3 is correct. Article 78(b) explicitly establishes the duty of the Prime Minister to furnish information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for.
Article 78 defines the communication link between the Prime Minister and the President.

Key Concept

Union Executive Constitutional Framework: Article 72, Article 74 (42nd and 44th Amendments), and Article 78
Estimated Time:2m 0s
Question 16Question →

Which of the following statements regarding the constitutional position, immunities, and structural limits of the Union Executive in India are correct?

Select all that apply

Show answer & explanation

Answer: No criminal proceedings whatsoever can be instituted or continued against the President of India in any court during the term of office.; Unlike the British system, there is no constitutional provision in India establishing the legal responsibility of a Minister for an official act of the President.

Answer

The statements establishing that no criminal proceedings can be instituted against the President during office and that Indian ministers carry no legal responsibility for official presidential acts are correct.
The Constitution of India provides full criminal immunity to the President while in office under Article 361(2). Additionally, India follows executive responsibility to Parliament politically rather than legally; presidential acts do not require ministerial countersignature, meaning ministers cannot be sued in court for official executive acts.

Step-by-Step Solution

1
Analyze Constitutional immunities of the President under Article 361.
Article 361(2) provides absolute immunity from criminal proceedings during the President's term. However, Article 361(4) requires a two-month advance written notice before initiating civil proceedings for personal acts.
To verify the rules governing criminal and civil immunity for the Head of State.
2
Examine the doctrine of legal responsibility of Ministers under Indian parliamentary democracy.
Unlike the United Kingdom, where executive orders require ministerial countersignature making ministers legally answerable in courts ('the King can do no wrong'), the Indian Constitution does not require ministerial countersignature, leaving no system of legal responsibility of ministers for presidential acts.
To contrast British cabinet conventions with Indian constitutional provisions.
3
Evaluate the statutory ceiling on the size of the Union Council of Ministers under Article 75(1A).
The 91st Constitutional Amendment Act (2003) added Article 75(1A), stipulating that the total number of ministers, including the Prime Minister, shall not exceed 15% of the total number of members of the House of the People (Lok Sabha), not both Houses of Parliament.
To verify the specific parliamentary house used for computing the maximum size of the council.

Key Concept

Constitutional Immunities of the President, System of Ministerial Responsibility, and Size Ceiling of Union Council of Ministers under Articles 75 and 361.
Estimated Time:2m 0s
Question 17Question →

Consider the following statements regarding the Vice-President of India and the Union Executive:

1. Unlike the election of the President of India, nominated members of both Houses of Parliament are entitled to vote in the election of the Vice-President.
2. A formal resolution seeking the removal of the Vice-President from office may be initiated in either House of Parliament, provided a 14-day advance notice has been given.
3. During any period when the Vice-President acts as President or discharges the functions of the President, the Vice-President does not perform the duties of the office of Chairman of the Council of States (Rajya Sabha).

Which of the statements given above are correct?

Show answer & explanation

Answer: 1 and 3 only

Answer

Statements 1 and 3 are correct.
Statement 1 is correct because Article 66(1) includes nominated members of Parliament in the Vice-Presidential electoral college. Statement 3 is correct because under Article 65 and Article 97, when the Vice-President acts as President, the duties of the Chairman of the Rajya Sabha are suspended for that individual. Statement 2 is incorrect because the removal resolution can originate only in the Rajya Sabha.

Step-by-Step Solution

1
Evaluate statement 1 regarding the composition of the electoral college for the Vice-President.
Statement 1 is correct.
Under Article 66(1) of the Constitution of India, the Vice-President is elected by members of an electoral college consisting of the members of both Houses of Parliament (including both elected and nominated members). In contrast, under Article 54, nominated members of Parliament cannot vote in the Presidential election.
2
Evaluate statement 2 regarding the removal procedure for the Vice-President.
Statement 2 is incorrect.
Under Article 67(b), a resolution to remove the Vice-President can only be initiated in the Council of States (Rajya Sabha), passed by an effective majority (majority of all the then members), and agreed to by the House of the People (Lok Sabha). It cannot be initiated in the Lok Sabha.
3
Evaluate statement 3 regarding executive duties when acting as President.
Statement 3 is correct.
Under Article 65(1) read with Article 97, while the Vice-President acts as President or discharges the functions of the President, he/she does not perform the duties of the office of Chairman of the Council of States and is not entitled to salary/allowances attached to the Chairman's post.

Key Concept

Constitutional election, removal procedure, and executive role of the Vice-President of India.
Question 18Question →

Match List-I (Constitutional Articles concerning the Union Executive) with List-II (Respective Specific Provisions) and select the correct matching code:

Click a left item, then click its matching right item

Items

Article 74(1)
Article 75(1A)
Article 77(3)
Article 78(b)

Matches

Show answer & explanation

Answer

Article 74(1) corresponds to the President's power to require reconsideration of ministerial advice; Article 75(1A) corresponds to the 15% numerical limit on the Council of Ministers relative to Lok Sabha membership; Article 77(3) corresponds to the President making rules for government business allocation; and Article 78(b) corresponds to the Prime Minister's duty to furnish administrative information to the President.
Article 74(1) establishes the aid and advice rule with the reconsideration proviso added by the 44th Amendment. Article 75(1A) fixes the 15% Lok Sabha ceiling on the Council of Ministers under the 91st Amendment. Article 77(3) grants the President authority to make rules of business allocation. Article 78(b) specifies the PM's obligation to supply administrative information requested by the President.

Step-by-Step Solution

1
Examine Article 74(1) and its constitutional modifications.
Article 74(1) governs the Council of Ministers aiding and advising the President. The 44th Amendment Act added the specific proviso allowing the President to request a one-time reconsideration.
This differentiates the advice mechanism under Article 74(1) from general administrative provisions.
2
Analyze Article 75(1A) regarding cabinet size limitations.
Article 75(1A) was introduced via the 91st Constitutional Amendment Act, 2003 to limit the total number of ministers (including the PM) to 15% of the total strength of the Lok Sabha.
This establishes a structural ceiling on executive size to prevent oversized cabinets.
3
Distinguish between Article 77(3) and Article 78(b).
Article 77(3) concerns formal Government of India rules of business made by the President, whereas Article 78(b) establishes the Prime Minister's specific communication obligation to inform the President.
Differentiating institutional rules of business from personal duties of the Prime Minister resolves the remaining pair matches.

Key Concept

Constitutional Articles governing the Union Executive, Ministerial Responsibility, and Executive Business Conduct
Question 19Question →

Regarding the office, election, and constitutional functions of the Vice-President of India, which of the following statements are correct?

Select all that apply

Show answer & explanation

Answer: Nominated members of both Houses of Parliament are entitled to participate in the election of the Vice-President.; During any period when the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the Chairman of the Rajya Sabha.

Answer

The statements stating that nominated members of both Houses of Parliament participate in the Vice-Presidential election and that the Vice-President does not perform the duties of the Chairman of Rajya Sabha while acting as President are correct.
The electoral college for the Vice-President of India consists of both elected and nominated members of Parliament, excluding state legislators. Furthermore, when the Vice-President acts as or discharges the functions of the President under Article 65, he ceases to perform the duties of the Chairman of the Council of States as per Article 64.

Step-by-Step Solution

1
Examine the composition of the electoral college for the Vice-President under Article 66(1).
The electoral college consists of all members of both Houses of Parliament (including nominated members). State Legislative Assemblies are excluded.
To verify the eligibility of voters in the Vice-Presidential election.
2
Analyze the constitutional role of the Vice-President when acting as President under Article 64 and Article 65.
When discharging the functions or acting as President, the Vice-President stops performing the duties of the Chairman of the Rajya Sabha and receives the salary/allowances of the President.
To verify the separation of duties between the Executive head role and legislative Chairman role.
3
Check procedural requirements for the removal of the Vice-President under Article 67(b).
A removal resolution can originate ONLY in the Rajya Sabha, passed by an effective majority and agreed to by the Lok Sabha.
To verify the origin requirement for the removal motion.

Key Concept

Constitutional provisions governing the Vice-President of India under Articles 64, 65, 66, and 67
Question 20Question →

Regarding the Union Executive of India, which of the following statements correctly describes the constitutional procedure for the removal of the Vice-President from office?

Show answer & explanation

Answer: A resolution for removal can be initiated only in the Rajya Sabha and must be passed by an effective majority of the Rajya Sabha and agreed to by a simple majority of the Lok Sabha.

Answer

A resolution for removal can be initiated only in the Rajya Sabha and must be passed by an effective majority of the Rajya Sabha and agreed to by a simple majority of the Lok Sabha.
According to Article 67(b) of the Constitution of India, the Vice-President may be removed from office by a resolution of the Council of States (Rajya Sabha) passed by a majority of all the then members of the Council (effective majority) and agreed to by the House of the People (Lok Sabha) by a simple majority. A 14 days' notice is required before moving such a resolution.

Step-by-Step Solution

1
Identify the relevant Constitutional article governing the removal of the Vice-President of India.
Article 67(b) of the Constitution of India specifies the term and procedure for the removal of the Vice-President.
The Vice-President acts as the ex-officio Chairman of the Council of States (Rajya Sabha), so special procedural rules apply.
2
Examine the House of initiation and the required majority.
The resolution can ONLY originate in the Rajya Sabha. It requires a 14 days' advance notice, an effective majority (majority of all the then members) in the Rajya Sabha, and simple agreement by the Lok Sabha.
Unlike the President, whose impeachment can originate in either House under Article 61, the Vice-President's removal is tied primarily to the Rajya Sabha.
3
Evaluate constitutional grounds for removal.
No specific grounds for removal of the Vice-President are mentioned in the Constitution.
Grounds such as 'violation of the Constitution' apply exclusively to the President of India.

Key Concept

Removal Procedure of the Vice-President of India under Article 67(b)
Page 1 / 2Next
Union Executive: President, Vice-President, PM, and Council of Ministers Practice Questions — State PSC Exam | Examkin