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From the 100 in PrepShark’s President set (Indian Polity). Pick an answer, then open the explanation.

  1. Question 01

    Consider the following statements regarding an ordinance promulgated by the President under Article 123: 1. It may be promulgated even when one House of Parliament is in session. 2. It may be given retrospective effect. 3. It may alter or amend a tax law. 4. Unless it ceases to operate earlier, it lapses on the expiry of six weeks from the reassembly of Parliament. Which of the statements given above is/are correct?

    1. Option A: 1 and 2 only
    2. Option B: 2 and 3 only
    3. Option C: 1, 2 and 4 only
    4. Option D: 1, 2, 3 and 4
    Answer and explanation

    Answer: D. 1, 2, 3 and 4

    **Statement 1 is correct.** **Article 123(1)** permits an ordinance at any time '**except when both Houses** of Parliament are in session', so it can issue while **only one House** sits. **Statement 2 is correct.** An ordinance has 'the **same force and effect** as an Act of Parliament' under **Article 123(2)**, and Parliament can legislate retrospectively, so an ordinance **can be retrospective**. **Statement 3 is correct.** Since an ordinance can do whatever Parliament can, it may **modify a tax law**; the only bar under **Article 123(3)** is matter Parliament itself could not enact. **Statement 4 is correct.** **Article 123(2)(a)** provides that it ceases at the expiration of **six weeks from the reassembly** of Parliament, unless disapproved earlier by **both Houses** or withdrawn.

  2. Question 02

    The election of the President of India is held in accordance with which of the following?

    1. Option A: First-past-the-post system, with voting by secret ballot
    2. Option B: Proportional representation by party list, with voting by secret ballot
    3. Option C: Proportional representation by means of the single transferable vote, with voting by open ballot
    4. Option D: Proportional representation by means of the single transferable vote, with voting by secret ballot
    Answer and explanation

    Answer: D. Proportional representation by means of the single transferable vote, with voting by secret ballot

    **Why D is correct.** **Article 55(3)** prescribes **proportional representation by means of the single transferable vote** and requires voting by **secret ballot**. **Why C is wrong.** Open ballot is used in **Rajya Sabha elections**, not for the President; Article 55(3) expressly requires a **secret ballot**. **Why A is wrong.** A simple plurality is not enough; a candidate must reach a **quota** through transfer of preferences. **Why B is wrong.** Electors rank **individual candidates** by preference; there is no party list.

  3. Question 03

    Consider the following statements regarding the term of office of the President of India: 1. The five-year term is reckoned from the date on which the President enters upon his office. 2. On the expiry of his term the President must demit office even if his successor has not entered upon office, the Vice-President acting in the interim. Which of the statements given above is/are correct?

    1. Option A: 1 only
    2. Option B: 2 only
    3. Option C: Both 1 and 2
    4. Option D: Neither 1 nor 2
    Answer and explanation

    Answer: A. 1 only

    **Statement 1 is correct.** **Article 56(1)** fixes a term of **five years from the date on which he enters upon his office**, not from the date of election. **Statement 2 is incorrect.** Under **Article 56(1)(c)** the President, notwithstanding the expiry of his term, **continues to hold office until his successor enters upon his office**.

  4. Question 04

    Consider the following pairs: 1. — Oath of the President 2. — Oath of the Vice-President 3. — Oath of the Vice-President Which of the pairs given above is/are correctly matched?

    1. Option A: 1 only
    2. Option B: 1 and 2 only
    3. Option C: 2 and 3 only
    4. Option D: 1, 2 and 3
    Answer and explanation

    Answer: B. 1 and 2 only

    **Pair 1 is correctly matched.** The President swears under **Article 60** to **preserve, protect and defend the Constitution and the law**. **Pair 2 is correctly matched.** Under **Article 69** the Vice-President swears to **bear true faith and allegiance to the Constitution** and to faithfully discharge his duty. **Pair 3 is incorrectly matched.** The pledge to devote oneself to the **service and well-being of the people of India** appears in the **President's oath (Article 60)**, not the Vice-President's. **Exam takeaway:** Only the President's oath combines **'preserve, protect and defend'** with devotion to the people; the Vice-President's oath is a shorter allegiance-and-duty oath.

  5. Question 05

    Consider the following statements regarding the conduct of business of the Government of India: 1. All executive action of the Government of India is expressed to be taken in the name of the President. 2. An order authenticated in the manner specified in rules made by the President may be challenged in a court on the ground that it was not, in fact, made by the President. Which of the statements given above is/are correct?

    1. Option A: 1 only
    2. Option B: 2 only
    3. Option C: Both 1 and 2
    4. Option D: Neither 1 nor 2
    Answer and explanation

    Answer: A. 1 only

    **Statement 1 is correct.** Under **Article 77(1)**, all executive action of the Government of India **shall be expressed to be taken in the name of the President**. **Statement 2 is incorrect.** **Article 77(2)** says the validity of an order authenticated as per the President's rules **shall not be called in question** on the ground that it was not made or executed by the President. **Exam takeaway:** Article 77(1)-(2) concern the form and authentication of executive action; the business-allocation rules of Article 77(3) are a separate matter.

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