Questions & explanations
1. Consider the following statements regarding disputes over the Vice President's election:
1. The Supreme Court's decision on the election dispute is final and binding.
2. If the Supreme Court declares the election void, the Vice President ceases to hold office from the date of the judgment.
3. The Vice President can continue to perform duties until the Supreme Court decides the case.
Which of the statements is/are correct?
- (a) 1 and 2 only
- (b) 1 and 3 only
- (c) 2 and 3 only
- (d) 1, 2, and 3
Answer: (d) 1, 2, and 3
Statement 1 is correct: Article 71(1) says the Supreme Court's decision is final. Statement 2 is incorrect: Article 71(2) says acts done before the decision remain valid but the Vice President ceases to hold office from the date of judgment? The Constitution does not specify the exact date of cessation but the Vice President must vacate office upon the judgment. However statement 2 says 'ceases to hold office from the date of the judgment' that is generally true. However the question is tricky: The acts done before the decision remain valid but the office is vacated from the date of judgment. So statement 2 is correct? Let's check: In practice the Vice President continues until the judgment and then vacates. So statement 2 is correct. Statement 3 is correct: The Vice President continues to perform duties until the court decides. So all three are correct? But the answer key says (b) 1 and 3 only? But the answer might be (d) all three. However I recall that the election dispute does not affect the validity of acts but the person continues in office until the decision. So statement 2 is
2. Which of the following statements about the President's election is correct?
1. The value of votes of Members of Parliament is the same for all states.
2. The value of votes of MLAs is determined by dividing the population of the state by the number of elected members in the Legislative Assembly.
3. The election is conducted by the Election Commission of India.
- (a) 1, 2 and 3
- (b) 2 and 3 only
- (c) 1 only
- (d) 3 only
Answer: (a) 1, 2 and 3
Statement 1: The value of votes of Members of Parliament is NOT the same for all states — the MP vote value is calculated as the total value of all MLA votes divided by the total number of elected MPs (Rajya Sabha + Lok Sabha). All MPs get the same value (it is uniform per MP), but this value is determined based on state populations. The statement 'the value of votes of Members of Parliament is the same for all states' — MPs are a single national body, so each MP gets one vote of equal value (all elected MPs have the same vote value). This statement is therefore correct (all MPs have the same vote value, not different values per state). Statement 2: MLA vote value = state population divided by (number of elected MLAs × 1000) — this is correct (per Article 55(2)). Statement 3: The election is conducted by the Election Commission of India — correct (Article 324). Statements 1, 2, and 3 are all correct. MPs don't have 'votes per state' — each elected MP has one vote of equal value regardless of which state they come from. So Statement 1 is correct. Statement 2 is correct. Statement 3 is
3. With reference to the powers of the President of India, consider the following statements:
1. The President can declare a national emergency under Article 352 only on the advice of the Council of Ministers.
2. The President can refer a matter to the Supreme Court for advisory opinion under Article 143.
3. The President has the power to grant pardons in all cases of death sentence without consulting the judiciary.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
Statement 1 is correct: Article 352 requires that the National Emergency be declared only on the advice of the Council of Ministers (written recommendation after 44th Amendment). Statement 2 is correct: Article 143 allows the President to refer matters of public importance to the Supreme Court for advisory opinion. Statement 3 is false: the President's pardon power under Article 72 does not require consulting the judiciary; however, the statement says 'in all cases of death sentence without consulting the judiciary' — this is technically accurate as a description of the procedure. But re-evaluating S1 more carefully: S1 says 'only on the advice of the Council of Ministers' — this is correct. S2 is correct. S3 is correct in procedure (no judicial consultation is mandatory). So all three are correct = (d). However, the question stem says 'which are correct' with option (d) as 1,2,3. Wait — re-checking: the options listed are (a)1&2, (b)2&3, (c)1 only, (d)1,2,3. S3 says 'in all cases of death sentence' — the President can grant pardon in all cases involving death sentence under Article
4. Which of the following is NOT a ground for the removal of the Vice President?
- (a) Resignation
- (b) Disqualification on grounds of holding an office of profit
- (c) Impeachment by Parliament
- (d) Death
Answer: (c) Impeachment by Parliament
The Vice President can be removed by a resolution of the Rajya Sabha passed by a majority of its total membership and agreed to by the Lok Sabha — this is the only removal mechanism. There is no impeachment process (as for the President) and no disqualification for office of profit in the same way. The question asks what is NOT a ground. 'Impeachment by Parliament' is not a removal process for the VP — the VP is removed by a resolution of Rajya Sabha (agreed to by Lok Sabha), not by impeachment. Death, resignation are valid. But the question says 'disqualification on grounds of holding office of profit' — this is also not listed in Article 67 as a ground for the VP's removal (Article 67 lists only: (a) expiry of term, (b) resignation, (c) removal by Rajya Sabha resolution). So both (b) and (c) could be 'not a ground'. However, the VP is disqualified from holding office of profit as a condition of eligibility under Article 66(3), which is not an express removal ground per Article 67. The clearest 'NOT a ground' is 'Impeachment by Parliament' since impeachment is a Presidential removal
5. Under which provision can the President of India exercise his discretion in the appointment of the Prime Minister?
- (a) Article 75(1)
- (b) Article 75(4)
- (c) Article 74(1)
- (d) Article 75(2)
Answer: (a) Article 75(1)
The President appoints the Prime Minister under Article 75(1), so the answer is (a). Article 75(1) does not use the word discretion, but it is under this provision that the President acts. The President normally just appoints the leader of the majority party. Discretion comes in only in a special case: when no single party or pre-poll alliance wins a clear majority in the Lok Sabha (a hung House). Then the President uses judgement to pick the person most likely to win the confidence of the Lok Sabha, going by convention and past practice. Article 75(4) does exist, but it deals with the oath of office and secrecy taken by ministers, not the appointment of the Prime Minister. So it is not the right provision here. Article 74(1) says the President acts on the aid and advice of the Council of Ministers. It does not deal with appointing the Prime Minister. Article 75(2) says ministers hold office during the pleasure of the President. It does not deal with appointing the Prime Minister.
6. Which of the following statements about the President’s role in the legislative process is correct?1. The President can summon, prorogue, and dissolve the Parliament.2. The President can address Parliament and send messages.3. The President can withhold assent to a bill passed by Parliament.
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
All three statements are correct, so the answer is (d). 1. The President can summon and prorogue Parliament and can dissolve the Lok Sabha (Article 85). The President does this on the advice of the Council of Ministers. 2. The President can address either House and can send messages to Parliament (Article 86). 3. The President can withhold assent to a bill (Article 111). For an ordinary bill the President has three choices: give assent, withhold assent, or send the bill back to Parliament for a fresh look. If Parliament passes it again, the President must then give assent. Because Article 111 sets no time limit for the President to act, the President can also simply keep a bill pending without taking any action. This delaying tactic is called the pocket veto. A money bill cannot be sent back; the President can only give or withhold assent to it. Wrong because statement 3 is also correct. Wrong because statement 1 is also correct. Wrong because statement 2 is also correct.
7. In the election of the President of India, the value of a vote of an MLA is determined by the population of the state. Which of the following MLAs' votes are NOT counted in this election?
- (a) MLAs of Delhi
- (b) MLAs of Puducherry
- (c) MLAs of Jammu and Kashmir
- (d) MLAs of a state under President's Rule
Answer: (c) MLAs of Jammu and Kashmir
The question asks which MLAs' votes are NOT counted. MLAs of Delhi (NCT) and Puducherry both vote in Presidential elections because they have Legislative Assemblies under Article 239AA and 239A respectively. MLAs of a state under President's Rule still vote (their assembly is only suspended/dissolved sometimes, and if dissolved a by-election is held). Jammu and Kashmir: after the Jammu and Kashmir Reorganisation Act, 2019, J&K became a Union Territory. As a UT (without a legislature until restored), its MLAs would NOT vote. However, J&K's Statehood/UT status and legislature status has been subject to change — as of 2024 elections J&K has an assembly. however the question's framing 'are NOT counted' should refer to a structural ineligibility. The most structurally sound answer is (c) since the J&K assembly was dissolved/non-existent as a UT for a period, while the question likely refers to this status.
8. Consider the following statements about the removal of the Vice President:
1. The Rajya Sabha can initiate the process of removal by passing a resolution with a majority of its members.
2. The resolution must be passed by a majority of the total membership of the Rajya Sabha.
3. The Lok Sabha must approve the resolution for removal to take effect.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
Under Article 67(b), the Vice President can be removed from office by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the House of the People (Lok Sabha). Statement 1 is correct (Rajya Sabha initiates). Statement 2 is correct (majority of total membership of Rajya Sabha). Statement 3 is correct (Lok Sabha must agree). However, the question asks about which statements are correct — all three correctly describe the removal process. Re-examining: Article 67(b) says 'by a resolution of the Council of States passed by a majority of all the then members of the Council' — this IS a majority of total membership. So S2 is also correct. All three statements are true, making the answer (d). But wait — re-reading the options: (a) 1&2, (b) 2&3, (c) 1&3, (d) 1,2,3. the correct answer is (d) since all three statements accurately reflect Article 67(b).
9. Consider the following statements about the President's powers in relation to the Council of Ministers: 1. The President can ask the Council of Ministers to reconsider its advice. 2. The President is bound to act on the reconsidered advice of the Council of Ministers. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (c) Both 1 and 2
Statement 1 is correct: under Article 74(1) (as amended by 44th Amendment), the President may return the advice for reconsideration once. Statement 2 is false: there is no constitutional provision limiting the President to returning an advice only once in the context of the Council of Ministers — the 44th Amendment says after reconsideration the President 'shall act in accordance with the advice', but the Constitution does not say the President can return it only once (in fact the 44th Amendment does not specify this; the practical convention is one return). Statement 2 as worded ('can return a decision only once') is an overstatement not explicitly in the text. Statement 3 is correct: after the 44th Amendment, the President is bound to act on the advice of the Council of Ministers. Since S2 is questionable but S1 and S3 are clearly correct, and the best defensible answer is 1 and 3 = (c).
10. Consider the following statements: 1. The Attorney General is not a member of the Union Cabinet but can attend its meetings. 2. The Attorney General has the right to speak in Parliament but cannot vote. 3. The Attorney General is not bound by the advice of the Union Cabinet in legal matters. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) 1 and 2 only
- (d) 2 and 3 only
Answer: (b) 2 only
Statement 1 is false: the AG does not attend Cabinet meetings as a constitutional right; he advises the government on legal matters when asked but is not a Cabinet meeting participant. Statement 2 is correct: the AG has the right to speak in Parliament but cannot vote (Art 76(4)). Statement 3 is false: the AG acts on the instructions of the Union government; he is the government's lawyer and is bound by its directions. Only statement 2 is unambiguously correct, but no option offers '2 only.' Reviewing more carefully: statement 1's first part ('not a member of the Union Cabinet') is true but 'can attend its meetings' is not an established constitutional right. Option (a) '1 and 2 only' includes a partially false statement 1. The most defensible correct answer is (a) if we treat 'not a member of the Union Cabinet' as the meaningful part and accept statement 2. Correct answer is (a).
11. Which of the following statements about the Cabinet Committee on Economic Affairs (CCEA) is/are correct?
1. It operates under the guidance of the Prime Minister.
2. It can approve projects worth more than ₹1000 crore without the President’s approval.
3. It is a standing committee of the Cabinet.
Select the correct answer using the code below:
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
Statement 1 is correct: the CCEA operates under the PM who chairs it. Statement 2 requires scrutiny: the CCEA can approve projects beyond ₹1,000 crore without needing further Cabinet approval — but 'without the President's approval' is a non-issue since Cabinet committees do not require Presidential approval for project sanction; this statement is essentially correct. Statement 3 is correct: the CCEA is a standing committee of the Cabinet. However, statement 2 is misleadingly phrased — project approval by CCEA is a Cabinet-level decision and does not require separate Presidential sanction. Statements 1 and 3 are unambiguously correct; statement 2's framing involving the President is a red herring. The best defensible answer is (c) — 1 and 3 only — as statement 2's phrasing about Presidential approval is constitutionally inaccurate.
12. Which of the following is NOT a power of the President of India?
- (a) Summoning and proroguing Parliament
- (b) Appointing the Prime Minister
- (c) Dissolving the Lok Sabha on the advice of the Council of Ministers
- (d) Absolute vetoing a bill passed by Parliament
Answer: (d) Absolute vetoing a bill passed by Parliament
Option (d) is NOT a power of the President. For an ordinary bill passed by Parliament, the President does not have a true absolute veto. The President can return such a bill once and ask Parliament to think again. But if Parliament passes it a second time, the President must sign it. So this is a suspensive (limited) veto, not an absolute one. The other three options are real powers, so (d) is the answer. Real power: the President summons and prorogues Parliament under Article 85. Real power: the President appoints the leader of the majority in the Lok Sabha as Prime Minister. Real power: the President dissolves the Lok Sabha on the advice of the Council of Ministers (Article 85). This is the answer: the President cannot use an absolute veto to permanently block an ordinary bill that Parliament has passed and re-passed.