CIVICS: Chapter 2

'The President and the Vice - President'

Structured Question-Answers:
Q1) The President of India shall be elected by the members of an Electoral College. In this
context answer the following questions:
(a) What reasons were given for adopting the method of Indirect Election for Presidential
Elections?
Ans) the reasons given for adopting the method of indirect election for Presidential elections
were -
(i) The power really resided in the Council of Ministers headed by the Prime Minister and the
union Parliament and not in the President as such. Therefore, it would be an anomaly if the
President is to be elected directly by the people and is not given need real power.
(ii) The framers of the Constitution wanted the Presidential election to remain a quite and
dignified affair.
(iii) It would be difficult to provide an electoral machinery for an election in which millions of
people would have to participate.
(iv) A direct election would place too much of power in the hands of the masses meaning of
whom being illiterate even now.

(b) How is the Electoral College for Presidential elections constituted and how is the value of
vote a Member of Legislative Assembly and Members of Parliament determined?
Ans) The President is elected by the Members of an Electoral College Consisting of :
(i) Elected members of both the Houses of Parliament.
(ii) Elected members of State Legislative Assemblies including those of Delhi and Union Territory
Pondicherry.

The value of the vote of each Member of a State Legislative Assembly is determined by dividing
the population of the State concerned by the total number of elected Members of the Assembly.
The quotient so obtained, is divided by one thousand. If the remainder is five hundred or more,
the vote of each Member is increased by one, while, if the remainder is less than five hundred, is
ignored.

The value of Vote of each elected member of Parliament shall have such number of votes as
may be obtained by dividing the total number of Votes assigned to the States by total number of
the elected Members of Parliament.

Q 2) With reference to the office of the President of India answer the following questions:
(a) What procedure has to be followed for impeaching the President?
Ans) The President can be removed from the office for violation of the Constitution by
Impeachment. The resolution to impress the President may be moved in either House of
Parliament. It must be passed by two-thirds of the total membership of that House.
- Then the charges are investigated by the other house. President has the right to appear in
person in order to answer the charges. He has also the right to be defended by Counsel (lawyer).

- If the charges are sustained by a two-thirds vote in the other house as well, the Impeachment
succeeds and the President is removed from the office.
(b) What are the other ways in which a vacancy in the Office of the President may be caused?
Ans) The Presidential Office may fall vacant because of -
(i) the expiration of the term
(ii) by reason of death
(iii) by reason of resignation
(iv) removal by Impeachment

Q 3) With reference to the powers of the President of India briefly explain the following:
(a) Any four Executive Powers
Ans) The four Executive powers are as follows -
(i) Head of the Union Executive - All executive orders are issued in the name of the President.
(ii) Formation of the Council of Ministers - He summons the leader of the majority party in the
Parliament to form the government. And on the advice of the leader of the government i.e.,
Prime Minister, he appoints the other ministers. Again, it is the duty of the prime minister to
communicate all decisions of the Council of Ministers to the President.
(iii) Administration of Union Territories - The President acts through an administrator appointed
by him with such designation as he may specify.
(iv) Control over state governments - The Union Government may give necessary directions to a
state. During President's rule the control of the Union Government over states is complete.

(b) Any two Judicial Powers -

Ans) (i) The President has the power to grant pardon or reduce the punishment that a person
receives. He can grant pardons only in the following cases :
- Where the punishment or sentence is by a Court Martial ;
- Where the punishment is for offence against Union laws ; and
- In all cases of sentence of death. A pardon may be absolute as well as conditional. Pardoning
power like most other powers is exercised on the advice of Council of Ministers.

(ii) The President is not answerable to any Court for the exercise of the powers and duties of his
office.

(iii) No criminal proceedings shall be instituted against the President in any Court during the
term of office.

(c) Any two Military Powers -

(i) The President is the supreme commander of the defence forces of India. However, the
President is required to exercise this power in accordance with the laws made by Parliament.
(ii)The President can declare war and conclude peace with any foreign power on the advice of
his Council of Ministers.

Q 4) The President is an essential part of the Union Parliament. In this context explain the
following Legislative powers of the President of India:
(a) Power to summon and prorogue
Ans) The President has the power to summon and prorogue the Houses of Parliament and to
dissolve the Lok Sabha. The power to summon Parliament is subject to the condition that 6
months shall not intervene between the last sitting in one session and first sitting in the next
session.

(b) Right to address and send messages to either House of Parliament

Ans) The President addresses both houses of Parliament assembled together at the first
session after each general election and at the commentsment of the first session each year. The
President may address either House or their joint sitting at any time. The President may also
send messages to either House of Parliament.

(c) President's assent to bills

Ans) The President may give assent to the bill or may refuse assent. The President can also
send it back for reconsideration, if it is not a Money Bill. If the bill is passed again by both
Houses of Parliament with or without amendment, the President must give his assent thereto.

(d) Power to promulgate ordinance -

Ans) The President has the power to promulgate ordinance. The ordinance can be promulgated
at a time when both Houses of Parliament are not in session. These ordinances are as good
as laws, but all the ordinances must be placed before the Parliament as soon it meets. The
ordinances are temporary laws and ceases to be effective six weeks after the reassembly of
Parliament, unless they are approved by it within that period.

Q 5) The President can issue proclamation of National Emergency under certain circumstances.
In this contact explain the following:
(a) The three circumstances leading to the proclamation of National Emergency
Ans) A Proclamation of National Emergency may be made if President is satisfied Dard security
of India or any part of thereof is threatened by war or external aggression or armed rebellion.

(b)Duration of such proclamation

Ans) Every such proclamation must be approved by both the houses of Parliament within one
month. Even then, it cannot remain in operation for more than six months at a time. It will get a
fresh lease of six months every time after being approved by Parliament by the said majority.

(c) Effect of such Proclamation on Centre-State relations (or Federal provisions of the
Constitution)
Ans) So long as it the Emergency lasts, the federal provisions of the Constitution to some
extent remains suspended. The Union Parliament can legislate upon any subject even though it is
included in the State List.

(d) Effect of such proclamation on fundamental rights

Ans) Fundamental Rights guaranteed under Article 19 remain suspended. This Article contains
freedom such as freedom of speech an assembly. The President may suspend the right to move
any court for the enforcement of such rights as may be mentioned in the order (except the rights
guaranteed under articles 20 and 21)