---
deck: polity::lakshmikant::17.President
---
## Mains Cards

CARD START Tags:polity::aim::W2D5  ID: 1728221039505
- How is the President of India elected? Explain how the mode of elections differs from the Election of the President in the USA.
- [Solution](obsidian://adv-uri?vault=prep&uid=c74f4a36-7fdf-42b1-b5e0-322e12ec50b2&heading=Q1)
CARD END

CARD START Tags:polity::aim::W2D5  ID: 1728221039526
- Enumerate the powers of the President of India. Do you think The President is a mere nominal head of State?
- [Solution](obsidian://adv-uri?vault=prep&uid=c74f4a36-7fdf-42b1-b5e0-322e12ec50b2&heading=Q2)
CARD END

CARD START Tags:polity::aim::W2D5  ID: 1728221039605
- Explain the circumstances in which the president can issue ordinances. Is the use of the ordinance route a subversion of the democratic process?
- [Solution](obsidian://adv-uri?vault=prep&uid=c74f4a36-7fdf-42b1-b5e0-322e12ec50b2&heading=Q3)
CARD END

CARD START Tags:polity::aim::W2D5  ID: 1728221039654
- Highlight the discretionary powers of the President. Is Pardoning power a discretionary power? Discuss the reasons for the delay in the commutation of death sentences.
- [Solution](obsidian://adv-uri?vault=prep&uid=c74f4a36-7fdf-42b1-b5e0-322e12ec50b2&heading=Q4)
CARD END

## Prelims Cards

### Page 348 

CARD START Tags: ID: 1738084041697  
Which articles of the Indian Constitution deal with the Union executive?  

{{c1::  
Articles 52 to 78 in Part V of the Indian Constitution deal with the Union executive.  
}}  
CARD END  

CARD START Tags: ID: 1738084041732  
Who are the members of the Union executive as per the Indian Constitution?  

{{c1::  
- The Union executive consists of the
	- President
	- Vice-President
	- Prime Minister
	- Council of Ministers
	- Attorney General of India.  
}}  
CARD END  

CARD START Tags: ID: 1738084041744  
How is the President of India elected, and who constitutes the electoral college?  

{{c1::  
- The President is elected by an electoral college consisting of 
	- Elected members of both Houses of Parliament.  
	- Elected members of the Legislative Assemblies of the states.  
	- Elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry.  
}}  

Who does NOT participate in the election of the President of India?  

{{c1::  
- The following do not participate in the election of the President
	- Nominated members of both Houses of Parliament.  
	- Nominated members of the State Legislative Assemblies and Legislative Councils.  
	- Nominated members of the Legislative Assemblies of Delhi and Puducherry.  
}}  
CARD END  

### Page 349 

CARD START Tags: ID: 1738084041771
What determines the value of votes for an MLA in the Presidential election?

{{c1::
$\frac{\text{Population of state}}{\text{Total elected MLAs} * 1000}$
}}

How is the value of votes for an MP calculated in the Presidential election?

{{c1::
$\frac{\text{Total votes of MLAs of all states}}{\text{Total elected MPs in Parliament}}$
}}
CARD END

CARD START Tags: ID: 1738084041794
What voting system is used for the Presidential election in India?

{{c1::
- The Presidential election in India uses proportional representation through a single transferable vote system.
- Voting is conducted by a secret ballot to ensure impartiality.
}}
CARD END

CARD START Tags: ID: 1738084041819
What is the quota of votes required for a candidate to win the Presidential election?

{{c1::
- $\frac{\text{Total number of valid votes polled}}{2} + 1$
}}
CARD END

### Page 350 

CARD START Tags: ID: 1738084041851  
How does the voting and counting process work in Indian presidential elections?

{{c1::  
- Electoral College Voting Process:
    - Members receive one ballot paper each
    - Voters indicate preferences using numbers (1, 2, 3, 4, etc.)
- Vote Counting Procedure
    - First Phase
        - Count only first preference votes
        - Candidate achieving required quota is declared winner
    - Second Phase (If no winner in first phase)
        - Eliminate candidate with lowest first preference votes
        - Transfer their second preference votes to remaining candidates
        - Process continues until a candidate reaches required quota
}}
CARD END  

CARD START Tags: ID: 1738084041873  
Who resolves all disputes and doubts regarding the election of the President in India?  

{{c1::  
- Supreme Court → Decision is final.  
}}  
CARD END  

CARD START Tags: ID: 1738084041898  
Can the election of the President of India be challenged on the grounds of an incomplete electoral college?  

{{c1::  
- No, the election of the President cannot be challenged on the grounds that the electoral college was incomplete, such as in the case of a vacancy among its members.  
}}  
CARD END  

CARD START Tags: ID: 1738084041918  
Why did the Constituent Assembly choose the system of indirect election for the President of India?  

{{c1::  
- Indirect election aligns with the parliamentary system, where the President is a nominal executive and real power lies with the Prime Minister and the Council of Ministers.  
- Direct election would have been costly and time-consuming due to the vast size of the electorate.  
}}  
CARD END  

CARD START Tags: ID: 1738084041944  
What happens to acts done by the President before a Supreme Court declaration of the election being void?  

{{c1::  
- Acts done by the President before the Supreme Court declares the election void are not invalidated and continue to remain in force.  
}}  
CARD END  

### Page 351 

CARD START Tags: ID: 1738084041968
Why was the term "proportional representation" criticized in the context of the Presidential election in India?

{{c1::
- The term "proportional representation" is considered a misnomer because it applies to elections with multiple seats.
- In the Presidential election, only one vacancy exists.
}}

What is a more accurate term for Indian presidential elections?

{{c1::
- Preferential or alternative vote system.
}}

CARD END


CARD START Tags: ID: 1738084041992
Why did the makers of the Constitution reject the idea of electing the President solely by the members of Parliament?

{{c1::
- They believed it would allow a single political party to dominate and choose a candidate solely representing that party.
- This would undermine the President's role as a representative of both the Union and the states.
}}
CARD END

### Page 352 

CARD START Tags: ID: 1738084042018  
Who was the first President of India, and in which year was he elected?  

{{c1::  
- Dr. Rajendra Prasad
- 1952
}}  
CARD END  


CARD START Tags: ID: 1738084042045  
Who was the first woman President of India, and in which year was she elected?  

{{c1::  
- Pratibha Patil became the first woman President of India in 2007.  
}}  
CARD END  

### Page 353 

CARD START Tags: ID: 1738084042068
What are the eligibility requirements for a candidate to contest the Presidential election in India with respect to proposers and seconders?

{{c1::
- A candidate must be subscribed by at least 50 electors as proposers and 50 electors as seconders.
- This provision aims to discourage non-serious candidates.
}}
CARD END

CARD START Tags: ID: 1738084042094
Who administers the oath of office to the President of India?

{{c1::
- The Chief Justice of India administers the oath.
- In the Chief Justice's absence, the senior-most judge of the Supreme Court administers it.
}}
CARD END

CARD START Tags: ID: 1738084042118
What happens if a sitting member of Parliament or State Legislature is elected as the President of India?

{{c1::
- Their seat in the House of Parliament or State Legislature is deemed vacated from the date they assume the office of the President.
}}
CARD END

CARD START Tags: ID: 1738084042143
Can the emoluments and allowances of the President of India be diminished during their term of office?

{{c1::
- No, the emoluments and allowances of the President cannot be diminished during their term of office.
}}
CARD END

CARD START Tags: ID: 1738084042170
Who determines the emoluments, allowances, and privileges of the President of India?

{{c1::
- The Parliament of India determines the emoluments, allowances, and privileges of the President.
}}
CARD END

### Page 354 

CARD START Tags: ID: 1738084042193
What is the term of office for the President of India, and can the President be re-elected?

{{c1::
- The President holds office for a term of five years from the date he enters office. 
- He can be re-elected any number of times. (No term limit is specified in India.)
}}
CARD END


CARD START Tags: ID: 1738084042218
Under what circumstances can the President of India be removed from office before completing the term?

{{c1::
- The President can be removed through the process of impeachment for the "violation of the Constitution." 
- The Constitution does not define what constitutes a violation.
}}
CARD END

### Page 355 

CARD START Tags:  ID: 1738084042243
What is the process of Presidential impeachment?

{{c1::
- Impeachment Process Initiation
    - Either House of Parliament can start the process
    - Requires 1/4 members' signatures
    - 14-day notice mandatory for President
- Voting Requirements
    - 2/3 of total membership needed in both houses → most stringent majority required under [[Article 61]]
}}
CARD END

CARD START Tags:  ID: 1738084042268

Participation of following people in impeachment of President

- Nominated members of parliament → {{c1::Yes}}
- Elected members of state legislature → {{c1::No}}

CARD END

CARD START Tags: ID: 1738084042294  
What are the ways in which a vacancy in the President’s office can occur?  

{{c1::  
- Expiry of tenure (5 years).  
- Resignation.  
- Removal by impeachment.  
- Death.  
- Disqualification or invalidation of election.  
}}  
CARD END  

CARD START Tags: ID: 1738084042317  
What happens if the election of a new President is delayed after the expiration of the term of the sitting President?  

{{c1::  
- The outgoing President continues to hold office until the successor assumes charge, ensuring no constitutional interregnum.  
}}  
CARD END  

### Page 356

CARD START Tags: ID: 1738084042345
What happens if the office of the President of India falls vacant due to resignation, removal, death, or otherwise?

{{c1::
- An election to fill the vacancy must be held within six months from the date of occurrence of such a vacancy. 
- The newly-elected President remains in office for a full term of five years from the date he assumes charge.
}}
CARD END

CARD START Tags: ID: 1738084042368
Who acts as the President of India if both the offices of the President and Vice-President are vacant?

{{c1::
- The Chief Justice of India (or if unavailable, the senior-most judge of the Supreme Court) acts as the President or discharges the functions of the President.
}}
CARD END

CARD START Tags: ID: 1738084042395
Under what heads can the powers and functions of the President of India be categorized?

{{c1::
The powers and functions of the President can be categorised into:
- Executive powers
- Legislative powers
- Judicial powers
- Financial powers
- Diplomatic powers
- Military powers
- Emergency powers
}}
CARD END

### Page 357 

CARD START Tags: ID: 1738084042419
Which officials are appointed by the President of India?

{{c1::
 - Comptroller and Auditor General of India
 - Chief Election Commissioner + Other election commissioners
 - Chairman and members of the Union Public Service Commission
 - Governors of states
 - Chairman and members of the Finance Commission.
 }}
CARD END

CARD START Tags: ID: 1738084042443
What role does the President play in administering Union Territories?

{{c1::
- The President directly administers Union Territories through administrators appointed by him.
}}
CARD END

CARD START Tags: ID: 1738084042468
What is the President's power regarding scheduled areas?

{{c1::
- The President can declare any area as a scheduled area and has powers with respect to the administration of scheduled and tribal areas.
}}
CARD END

CARD START Tags: ID: 1738084042493
What investigative powers does the President have regarding backward classes?

{{c1::
- The President can appoint a <mark class="hltr-y">commission</mark> to investigate the conditions of 
	- Scheduled Castes (SCs)
	- Scheduled Tribes (STs)
	- Other backward classes.
}}
CARD END

### Page 358 

CARD START Tags: ID: 1738084042519  
Who has the power to summon or prorogue the Parliament and dissolve the Lok Sabha and under which article 

{{c1::  
- The President of India has the power to summon or prorogue the Parliament and dissolve the Lok Sabha
- [[Article 85]]
- 🧠 Parliament office is from 8 to 5
}}  
CARD END  

CARD START Tags: ID: 1738084042543  
What is the role of the President in appointing members to preside over the Lok Sabha and Rajya Sabha proceedings when certain offices are vacant?  

{{c1::  
- The President can appoint any member of the Lok Sabha or Rajya Sabha to preside over proceedings when 
	- the offices of both the Speaker and Deputy Speaker (Lok Sabha) or
	- Chairman and Deputy Chairman (Rajya Sabha) are vacant.  
}}  
CARD END  

CARD START Tags: ID: 1738084042568  
How many members of the Rajya Sabha can the President nominate

{{c1::  
- The President can nominate 12 members to the Rajya Sabha from among persons having special knowledge or practical experience in literature, science, art, and social service
}}  

Which article provides for this?

{{c1::[[Article 80]](3)}}

CARD END  

CARD START Tags:  ID: 1738084042619
Compare the powers of President for bills in these 2 scenarios

For Parliament Bills

{{c1::
- Give assent
- Veto bill
	- Absolute veto → Withhold assent 
	- Suspensive veto → Return for reconsideration (except money bills and constitution amendment bills) 
	- Pocket Veto → No time limit given in article 111
- Must give assent if passed again by parliament

```mermaid
%%{init: {'themeVariables': { 'fontSize': '9px'}, 'viewBox': '0 0 1000 500'}}%%
graph TD
    subgraph Parliament Bills
    A[Bill Passed by Parliament] --> B{President's Decision}
    B -->|Give Assent| C[Bill Becomes Law]
    B -->|Absolute Veto| D[Withhold Assent]
    B -->|Suspensive Veto| E[Return for Reconsideration]
    B -->|Pocket Veto| F[No Time Limit]
    E --> G[Parliament Reconsiders]
    G --> H[Passed Again]
    H --> I[President Must Give Assent]
    end
```

}}

For State Legislature Bills - Cover entire flow from governor

{{c1::
- Give assent
- Withhold assent
- Direct governor to return bill (except money bills) for reconsideration by the state legislature
- No obligation to give assent even if passed again by state legislature

```mermaid
graph TD
    J[Bill Passed by State Legislature] --> K{Governor's Decision}
    K -->|Give Assent| L[Bill Becomes Law]
    L:::success
    K -->|Withhold Assent| M[Bill Rejected]
    M:::rejected
    K -->|Send to President| N{President's Decision}
    K -->|Return for Reconsideration| O[State Legislature Reconsiders]

    N -->|Give Assent| L
    N -->|Withhold Assent| P[Bill Rejected]
    P:::rejected
    N -->|Return for Reconsideration| Q[Back to State Legislature]

    O --> R[Legislature Passes Again]
    R --> S[Governor May Still Withhold Assent]
    S:::rejected

    Q --> T[Legislature Passes Again]
    T --> |Again Send to President| X{President's Decision}
    X -->|Give Assent| Z["Bill Becomes Law<br> Assent of Governor no longer required"]
    X -->|Withhold Assent| Y[Bill Rejected]
    U:::rejected
    Y:::rejected
    Z:::success

    classDef success fill:#A8D5BA,stroke:#333,stroke-width:2px;
    classDef rejected fill:#F8B4B4,stroke:#333,stroke-width:2px;

```

}}


CARD END

### Page 359 



CARD START Tags: ID: 1738084042667  
What judicial appointments are made by the President of India?  

{{c1::  
- The President appoints the Chief Justice and judges of the Supreme Court and High Courts.  
}}  

Articles related to judicial appointments

{{c1::
- [[Article 124]]
	- 🔑 Think 1 SC and 24 hours of justice
- [[Article 217]]
	- 🔑 SC article starts with 12 → HC article starts with 21 then sum all values in SC article (1+2+4) to get 217
}}
CARD END  

CARD START Tags: ID: 1738084042694  
Under what conditions can the President legislate for Union Territories like Puducherry?  

{{c1::  
- The President can legislate for Union Territories like Puducherry by making regulations, but only when the assembly is suspended or dissolved.  
}}  
CARD END  

### Page 360

CARD START Tags: ID: 1738084042718  
What are the conditions under which the President of India can grant pardon, reprieve, respite, or remission of punishment?  

{{c1::  
- In cases where the punishment or sentence is by a court martial.  
- In cases where the punishment or sentence is for an offence against a Union law.  
- In all cases where the sentence is a sentence of death.  
}}  
CARD END  

CARD START Tags: ID: 1738084042743  
Who negotiates and concludes international treaties and agreements on behalf of India, and what is required for their validity?  

{{c1::  
- The President negotiates and concludes international treaties and agreements.  
- Approval of the Parliament is required for their validity.  
}}  
CARD END  

CARD START Tags: ID: 1738084042768  
What is the role of the President of India as the Supreme Commander of the Defence Forces?  

{{c1::  
- The President appoints the chiefs of the Army, Navy, and Air Force.  
- He can declare war or conclude peace, subject to the approval of the Parliament.  
}}  
CARD END  

CARD START Tags:  ID: 1738084042793
What are the various pardoning powers of President?

{{c1::
- <mark class="hltr-y">Pardon</mark>
	- Completely removes both conviction and sentence, absolving all penalties.
- <mark class="hltr-y">Commutation</mark>
	- Substitution of a harsher punishment with a lesser one.}}
CARD END  

CARD START Tags: ID: 1738084041873  
Who resolves all disputes and doubts regarding the election of the President in India?  

{{c1::  
- Supreme Court → Decision is final.  
}}  
CARD END  

CARD START Tags: ID: 1738084041898  
Can the election of the President of India be challenged on the grounds of an incomplete electoral college?  

{{c1::  
- No, the election of the President cannot be challenged on the grounds that the electoral college was incomplete, such as in the case of a vacancy among its members.  
}}  
CARD END  

CARD START Tags: ID: 1738084041918  
Why did the Constituent Assembly choose the system of indirect election for the President of India?  

{{c1::  
- Indirect election aligns with the parliamentary system, where the President is a nominal executive and real power lies with the Prime Minister and the Council of Ministers.  
- Direct election would have been costly and time-consuming due to the vast size of the electorate.  
}}  
CARD END  

CARD START Tags: ID: 1738084041944  
What happens to acts done by the President before a Supreme Court declaration of the election being void?  

{{c1::  
- Acts done by the President before the Supreme Court declares the election void are not invalidated and continue to remain in force.  
}}  
CARD END  

### Page 351 

CARD START Tags: ID: 1738084041968
Why was the term "proportional representation" criticized in the context of the Presidential election in India?

{{c1::
- The term "proportional representation" is considered a misnomer because it applies to elections with multiple seats.
- In the Presidential election, only one vacancy exists.
}}

What is a more accurate term for Indian presidential elections?

{{c1::
- Preferential or alternative vote system.
}}

CARD END


CARD START Tags: ID: 1738084041992
Why did the makers of the Constitution reject the idea of electing the President solely by the members of Parliament?

{{c1::
- They believed it would allow a single political party to dominate and choose a candidate solely representing that party.
- This would undermine the President's role as a representative of both the Union and the states.
}}
CARD END

### Page 352 

CARD START Tags: ID: 1738084042018  
Who was the first President of India, and in which year was he elected?  

{{c1::  
- Dr. Rajendra Prasad
- 1952
}}  
CARD END  


CARD START Tags: ID: 1738084042045  
Who was the first woman President of India, and in which year was she elected?  

{{c1::  
- Pratibha Patil became the first woman President of India in 2007.  
}}  
CARD END  

### Page 353 

CARD START Tags: ID: 1738084042068
What are the eligibility requirements for a candidate to contest the Presidential election in India with respect to proposers and seconders?

{{c1::
- A candidate must be subscribed by at least 50 electors as proposers and 50 electors as seconders.
- This provision aims to discourage non-serious candidates.
}}
CARD END

CARD START Tags: ID: 1738084042094
Who administers the oath of office to the President of India?

{{c1::
- The Chief Justice of India administers the oath.
- In the Chief Justice's absence, the senior-most judge of the Supreme Court administers it.
}}
CARD END

CARD START Tags: ID: 1738084042118
What happens if a sitting member of Parliament or State Legislature is elected as the President of India?

{{c1::
- Their seat in the House of Parliament or State Legislature is deemed vacated from the date they assume the office of the President.
}}
CARD END

CARD START Tags: ID: 1738084042143
Can the emoluments and allowances of the President of India be diminished during their term of office?

{{c1::
- No, the emoluments and allowances of the President cannot be diminished during their term of office.
}}
CARD END

CARD START Tags: ID: 1738084042170
Who determines the emoluments, allowances, and privileges of the President of India?

{{c1::
- The Parliament of India determines the emoluments, allowances, and privileges of the President.
}}
CARD END

### Page 354 

CARD START Tags: ID: 1738084042193
What is the term of office for the President of India, and can the President be re-elected?

{{c1::
- The President holds office for a term of five years from the date he enters office. 
- He can be re-elected any number of times. (No term limit is specified in India.)
}}
CARD END


CARD START Tags: ID: 1738084042218
Under what circumstances can the President of India be removed from office before completing the term?

{{c1::
- The President can be removed through the process of impeachment for the "violation of the Constitution." 
- The Constitution does not define what constitutes a violation.
}}
CARD END

### Page 355 

CARD START Tags:  ID: 1738084042243
What is the process of Presidential impeachment?

{{c1::
- Impeachment Process Initiation
    - Either House of Parliament can start the process
    - Requires 1/4 members' signatures
    - 14-day notice mandatory for President
- Voting Requirements
    - 2/3 of total membership needed in both houses → most stringent majority required under [[Article 61]]
}}
CARD END

CARD START Tags:  ID: 1738084042268

Participation of following people in impeachment of President

- Nominated members of parliament → {{c1::Yes}}
- Elected members of state legislature → {{c1::No}}

CARD END

CARD START Tags: ID: 1738084042294  
What are the ways in which a vacancy in the President’s office can occur?  

{{c1::  
- Expiry of tenure (5 years).  
- Resignation.  
- Removal by impeachment.  
- Death.  
- Disqualification or invalidation of election.  
}}  
CARD END  

CARD START Tags: ID: 1738084042317  
What happens if the election of a new President is delayed after the expiration of the term of the sitting President?  

{{c1::  
- The outgoing President continues to hold office until the successor assumes charge, ensuring no constitutional interregnum.  
}}  
CARD END  

### Page 356

CARD START Tags: ID: 1738084042345
What happens if the office of the President of India falls vacant due to resignation, removal, death, or otherwise?

{{c1::
- An election to fill the vacancy must be held within six months from the date of occurrence of such a vacancy. 
- The newly-elected President remains in office for a full term of five years from the date he assumes charge.
}}
CARD END

CARD START Tags: ID: 1738084042368
Who acts as the President of India if both the offices of the President and Vice-President are vacant?

{{c1::
- The Chief Justice of India (or if unavailable, the senior-most judge of the Supreme Court) acts as the President or discharges the functions of the President.
}}
CARD END

CARD START Tags: ID: 1738084042395
Under what heads can the powers and functions of the President of India be categorized?

{{c1::
The powers and functions of the President can be categorised into:
- Executive powers
- Legislative powers
- Judicial powers
- Financial powers
- Diplomatic powers
- Military powers
- Emergency powers
}}
CARD END

### Page 357 

CARD START Tags: ID: 1738084042419
Which officials are appointed by the President of India?

{{c1::
 - Comptroller and Auditor General of India
 - Chief Election Commissioner + Other election commissioners
 - Chairman and members of the Union Public Service Commission
 - Governors of states
 - Chairman and members of the Finance Commission.
 }}
CARD END

CARD START Tags: ID: 1738084042443
What role does the President play in administering Union Territories?

{{c1::
- The President directly administers Union Territories through administrators appointed by him.
}}
CARD END

CARD START Tags: ID: 1738084042468
What is the President's power regarding scheduled areas?

{{c1::
- The President can declare any area as a scheduled area and has powers with respect to the administration of scheduled and tribal areas.
}}
CARD END

CARD START Tags: ID: 1738084042493
What investigative powers does the President have regarding backward classes?

{{c1::
- The President can appoint a <mark class="hltr-y">commission</mark> to investigate the conditions of 
	- Scheduled Castes (SCs)
	- Scheduled Tribes (STs)
	- Other backward classes.
}}
CARD END

### Page 358 

CARD START Tags: ID: 1738084042519  
Who has the power to summon or prorogue the Parliament and dissolve the Lok Sabha and under which article 

{{c1::  
- The President of India has the power to summon or prorogue the Parliament and dissolve the Lok Sabha
- [[Article 85]]
- 🧠 Parliament office is from 8 to 5
}}  
CARD END  

CARD START Tags: ID: 1738084042543  
What is the role of the President in appointing members to preside over the Lok Sabha and Rajya Sabha proceedings when certain offices are vacant?  

{{c1::  
- The President can appoint any member of the Lok Sabha or Rajya Sabha to preside over proceedings when 
	- the offices of both the Speaker and Deputy Speaker (Lok Sabha) or
	- Chairman and Deputy Chairman (Rajya Sabha) are vacant.  
}}  
CARD END  

CARD START Tags: ID: 1738084042568  
How many members of the Rajya Sabha can the President nominate

{{c1::  
- The President can nominate 12 members to the Rajya Sabha from among persons having special knowledge or practical experience in literature, science, art, and social service
}}  

Which article provides for this?

{{c1::[[Article 80]](3)}}

CARD END  

CARD START Tags: ID: 1738084042593  
Who decides the question of disqualification of members of Parliament (other than 10th schedule)?

{{c1::  
- The President decides questions on disqualification of members of Parliament in consultation with the Election Commission
}}  

Under which article?

{{c1::[[Article 103]] → President decides on matter of disqualification listed under [[Article 102]]}}

CARD END  

CARD START Tags:  ID: 1738084042619
Compare the powers of President for bills in these 2 scenarios

For Parliament Bills

{{c1::
- Give assent
- Veto bill
	- Absolute veto → Withhold assent 
	- Suspensive veto → Return for reconsideration (except money bills and constitution amendment bills) 
	- Pocket Veto → No time limit given in article 111
- Must give assent if passed again by parliament

```mermaid
%%{init: {'themeVariables': { 'fontSize': '9px'}, 'viewBox': '0 0 1000 500'}}%%
graph TD
    subgraph Parliament Bills
    A[Bill Passed by Parliament] --> B{President's Decision}
    B -->|Give Assent| C[Bill Becomes Law]
    B -->|Absolute Veto| D[Withhold Assent]
    B -->|Suspensive Veto| E[Return for Reconsideration]
    B -->|Pocket Veto| F[No Time Limit]
    E --> G[Parliament Reconsiders]
    G --> H[Passed Again]
    H --> I[President Must Give Assent]
    end
```

}}

For State Legislature Bills

{{c1::
- Give assent
- Withhold assent
- Direct governor to return bill (except money bills) for reconsideration by the state legislature
- No obligation to give assent even if passed again by state legislature

```mermaid
%%{init: {'themeVariables': { 'fontSize': '9px'}, 'viewBox': '0 0 1000 500'}}%%
graph TD
    subgraph State Legislature Bills
    J[Bill Passed by State Legislature] --> K{Governor's Decision}
    K -->|Give Assent| L[Bill Becomes Law]
    K -->|Withhold Assent| M[Bill Rejected]
    K -->|Send to President| N[President Reviews]
    K -->|Return for Reconsideration| O[State Legislature Reconsiders]
    O --> P[Passed Again]
    P --> Q[Governor May Still Withhold Assent]
    end
```

}}


CARD END

### Page 359 

CARD START Tags: ID: 1738084042643  
What are the conditions under which the President of India can promulgate an ordinance?  

{{c1::  
- The President can promulgate ordinances when Parliament is not in session.  
- Ordinances must be approved by Parliament within six weeks of reassembly.  
- The President can withdraw an ordinance anytime.  
}}  
CARD END  

CARD START Tags: ID: 1738084042667  
What judicial appointments are made by the President of India?  

{{c1::  
- The President appoints the Chief Justice and judges of the Supreme Court and High Courts.  
}}  

Articles related to judicial appointments

{{c1::
- [[Article 124]]
	- 🔑 Think 1 SC and 24 hours of justice
- [[Article 217]]
	- 🔑 SC article starts with 12 → HC article starts with 21 then sum all values in SC article (1+2+4) to get 217
}}
CARD END  

CARD START Tags: ID: 1738084042694  
Under what conditions can the President legislate for Union Territories like Puducherry?  

{{c1::  
- The President can legislate for Union Territories like Puducherry by making regulations, but only when the assembly is suspended or dissolved.  
}}  
CARD END  

### Page 360

CARD START Tags: ID: 1738084042718  
What are the conditions under which the President of India can grant pardon, reprieve, respite, or remission of punishment?  

{{c1::  
- In cases where the punishment or sentence is by a court martial.  
- In cases where the punishment or sentence is for an offence against a Union law.  
- In all cases where the sentence is a sentence of death.  
}}  
CARD END  

CARD START Tags: ID: 1738084042743  
Who negotiates and concludes international treaties and agreements on behalf of India, and what is required for their validity?  

{{c1::  
- The President negotiates and concludes international treaties and agreements.  
- Approval of the Parliament is required for their validity.  
}}  
CARD END  

CARD START Tags: ID: 1738084042768  
What is the role of the President of India as the Supreme Commander of the Defence Forces?  

{{c1::  
- The President appoints the chiefs of the Army, Navy, and Air Force.  
- He can declare war or conclude peace, subject to the approval of the Parliament.  
}}  
CARD END  

CARD START Tags:  ID: 1738084042793
What are the various pardoning powers of President?

{{c1::
- <mark class="hltr-y">Pardon</mark>
	- Completely removes both conviction and sentence, absolving all penalties.
- <mark class="hltr-y">Commutation</mark>
	- Substitution of a harsher punishment with a lesser one.
	- For eg → Death sentence to life imprisonment
- <mark class="hltr-y">Remission</mark>
	- Reduction of the sentence’s duration with change in nature of punishment
	- 🔑 → Re mission so change of mission as in change in nature of punishment
- <mark class="hltr-y">Respite</mark>
	- Award of a lesser sentence in special circumstances like disability, pregnancy
	- 🔑 → Respite think sprite, we drink sprite under special condition of summer, so respite is given in special circumstance
- <mark class="hltr-y">Reprieve</mark>
	- For eg → Death sentence to life imprisonment
- <mark class="hltr-y">Remission</mark>
	- Reduction of the sentence’s duration with change in nature of punishment
	- 🔑 → Re mission so change of mission as in change in nature of punishment
- <mark class="hltr-y">Respite</mark>
	- Award of a lesser sentence in special circumstances like disability, pregnancy
	- 🔑 → Respite think sprite, we drink sprite under special condition of summer, so respite is given in special circumstance
- <mark class="hltr-y">Reprieve</mark>
	- Temporarily delays execution for appeals or commutation
	- Temporary suspension of punishment, especially in death penalty cases.
}}
CARD END

### Page 361 

CARD START Tags: ID: 1738084042817
What is the main objective of conferring veto power to the President of India?

{{c1::
- The objective of granting veto power to the President is:  
	- To prevent hasty and ill-considered legislation by the Parliament.  
	- To prevent unconstitutional legislation.  
}}
CARD END

CARD START Tags: ID: 1738084042844
How many types of veto power exist, and which ones are vested in the President of India?

{{c1::
- There are four types of veto power  
	- Absolute Veto → President outright rejects to give assent or withholds assents
	- Qualified Veto → President veto can be overridden by legislature by higher majority
	- Suspensive Veto → President returns a bill for reconsideration (except money bill) → If parliament passes it with or without changes → President must give assent
	- Pocket Veto → President takes no action on the bill → Constitution does not specify a time limit
- The President of India is vested with three →  Absolute Veto, Suspensive Veto, and Pocket Veto. Qualified Veto is not present in India.  
}}
CARD END

CARD START Tags: ID: 1738084042871
In which cases is the Absolute Veto of the President of India usually exercised?

{{c1::
- Absolute Veto is typically exercised  
	- For private members' bills (introduced by non-ministers).  
	- For government bills when the cabinet resigns after the passage of the bill but before the President's assent and the new government advises against it.  
}}
CARD END

CARD START Tags: ID: 1738084042894
What distinguishes the Pocket Veto from other types of veto powers?

{{c1::
- The Pocket Veto allows the President to take no action on a bill passed by the legislature, effectively withholding assent indefinitely. 
- It is unique because no time limit is prescribed for its use.  
}}
CARD END

### Page 362 

CARD START Tags: ID: 1738084042918  
What is the procedure followed if the President exercises the Suspensive Veto?  

{{c1::  
- The President returns the bill to Parliament for reconsideration.  
- If the bill is passed again by Parliament, with or without amendments, the President must give assent.  
- <mark class="hltr-y">The bill can be re-passed by the same ordinary majority.</mark>  
}}  
CARD END  

CARD START Tags: ID: 1738084042943  
When a Money Bill is presented to the President after being passed by Parliament, how many alternatives does the President have?

{{c1::
- President has 2 alternatives:
	- Can give assent (bill becomes act) or withhold assent (bill ends)
	- Cannot return Money Bills for reconsideration
}}
CARD END  

CARD START Tags: ID: 1738084042968  
What is the Pocket Veto, and how does it differ in India compared to the USA?  

{{c1::  
- In India, the Pocket Veto allows the President to neither ratify, reject, nor return the bill, keeping it pending indefinitely, as there is no time limit.  
- In the USA, the President must return the bill for reconsideration within 10 days.  
}}  
CARD END  

CARD START Tags: ID: 1738084042993  
What happens when the President does not act on a bill using the Pocket Veto?  

{{c1::  
- The bill remains pending for an indefinite period without any decision (positive or negative).  
- This power is unique to the Indian President as the Constitution does not prescribe a time limit for action.  
}}  
CARD END  

### Page 363 


CARD START Tags: ID: 1738084043018
Does the Indian President have veto power over constitutional amendment bills?

{{c1::
- No, the Indian President does not have veto power over constitutional amendment bills. As per the 24th Constitutional Amendment Act, 1971, the President is obligated to give assent to such bills.
}}
CARD END

CARD START Tags: ID: 1738084043043
What are the four alternatives available to a Governor when a bill is presented for assent under Article 200 of the Constitution?

{{c1::
- Assent to the bill.
- Withhold assent to the bill.
- Return the bill (if not a money bill) for reconsideration.
- Reserve the bill for the President's consideration.
}}
CARD END

CARD START Tags: ID: 1738084043067
Is the President bound to give assent to a bill passed again by the state legislature after reconsideration?

{{c1::
- No, the President is not bound to give assent to a bill even if it is passed again by the state legislature with or without amendments.
}}
CARD END

### Page 364 

CARD START Tags: ID: 1738084043096  
What is the President's veto power regarding money bills in central and state legislatures?  

{{c1::  
- Central and State Legislation
	- Can ratify.  
	- Can reject (but cannot be returned).  
}}  
CARD END  

CARD START Tags: ID: 1738084043118  
Can the President reject or return constitutional amendment bills introduced in the Indian Parliament?  

{{c1::  
- No.  
- Constitutional amendment bills can only be ratified (Article 368).  
- They cannot be rejected or returned.  
}}  
CARD END  

### Page 368

CARD START Tags: ID: 1738084043418
How does the pardoning power of the President differ from that of the governor in terms of court-martial sentences and death sentences?

{{c1::
- Court martial and death penalty
	- Only president can pardon in both cases
- Death penalty
	- Only president can pardon even against state laws
	- Governor can suspend, remit or commute the sentence
}}
CARD END

CARD START Tags: ID: 1738084043444
What are the key principles laid down by the Supreme Court regarding the President’s pardoning power?

{{c1::
- Mercy Petition Principles  
	- The petitioner has no right to an oral hearing by the President.  
	- The President can re-examine evidence and take a different view from the court.  
	- The power is exercised on the advice of the Union Cabinet.  
	- The President is not required to give reasons for the order.  
- Scope and Limitations of Presidential Power  
	- Can grant relief from sentences considered unduly harsh or containing evident mistakes.  
	- The Supreme Court does not need to set specific guidelines for the President’s exercise of power.  
	- The President’s power is not subject to judicial review, except in cases of arbitrariness, irrationality, mala fide, or discrimination.  
	- If a mercy petition is rejected, another petition cannot be used to obtain a stay.  
}}
CARD END

### Page 370 

CARD START Tags: ID: 1738084043467  
What are some situational discretion powers that the President has?

{{c1::  
- Appointment of prime minister when no party has clear majority
- Prime Minister dies in office suddenly with no obvious successor
- Dismissal of council of ministers when it cannot prove confidence of Lok Sabha
- Dissolution of Lok Sabha when council of ministers have lost its majority
}}  
CARD END  

### Ordinance

CARD START Tags: ID: 1738084042643  
What are the conditions under which the President of India can promulgate an ordinance?  

{{c1::  
- The President can promulgate ordinances when Parliament is not in session.  (Both house or either house)
- Ordinances must be approved by Parliament within six weeks of reassembly.  
- The President can withdraw an ordinance anytime.  
}}  

Under what article?

{{c1::[[Article 123]]}}
CARD END  

CARD START Tags: ID: 1738084043219
Can the President’s satisfaction in promulgating an ordinance be questioned?

{{c1::
- President's satisfaction in issuing an ordinance can be questioned if done in bad faith
- President cannot prorogue one or both houses of Parliament deliberately to bypass parliamentary authority
- [[Amendments Anki Cards#38th amendment]] → Made president satisfaction final, 44th amendment → deleted this provision
}}
CARD END

CARD START Tags: ID: 1738084043268
What happens to an ordinance made when both Houses of Parliament are in session?

{{c1::
- An ordinance made when both Houses of Parliament are in session is void. This ensures that the President’s ordinance-making power is not a parallel legislative power.
}}
CARD END

CARD START Tags: ID: 1738084043293  
What are the key rules regarding ordinances issued by the President during parliamentary recess?

{{c1::  

- Ordinance Process and Timeline
    - Must be presented to both Houses when Parliament reconvenes
    - Requires approval from both Houses to become an Act
    - Expires automatically after 6 weeks from Parliament reassembly if no action taken
    - Can be terminated earlier if both Houses pass resolutions disapproving it
    - For different reassembly dates of Houses, 6-week period counts from later date
    - Maximum duration
        - 6 months base period
        - Additional 6 weeks if pending approval
    - Actions completed under lapsed ordinance remain valid and in effect

```mermaid
flowchart TD
    A[President issues ordinance during Parliament recess] -->B[Must be laid before both Houses when Parliament reassembles]
    B -->C{Houses approve?}
    C -->|Yes| D[Becomes an Act]
    C -->|No action taken| E[Ceases after 6 weeks from reassembly]
    C -->|Both Houses disapprove| F[Ceases immediately]
    E -->G[Acts done under ordinance remain valid]
    F -->G
    
    subgraph Time Calculation
    H[Houses reassemble on different dates] -->I[6-week period starts from later date]
    I -->J[Maximum life: 6 months + 6 weeks]
    end
```

}}  
CARD END  

CARD START Tags: ID: 1738084043318  
Who advises the President regarding the promulgation or withdrawal of an ordinance?  

{{c1::  
The President promulgates or withdraws an ordinance based on the advice of the Council of Ministers headed by the Prime Minister.  
}}  
CARD END  

CARD START Tags: ID: 1738084043344  
Can an ordinance be retrospective in nature?  

{{c1::  
Yes, an ordinance can be retrospective, meaning it can come into force from a back date.  
}}  
CARD END  

CARD START Tags: ID: 1738084043368  
What is required when a bill to replace an ordinance is introduced in the Lok Sabha?  

{{c1::  
- Ordinance bills must include statement explaining urgency behind promulgation → In both RS and LS → Mentioned in Rules of Procedure
}}  
CARD END  

CARD START Tags: ID: 1738084043394  
What is the significance of the D.C. Wadhwa case (1987)?

{{c1::  
- SC ruled that repeated re-promulgation of ordinances without attempting to get them passed by the legislature violates the Constitution.
- It emphasized that ordinances cannot substitute legislative power and are liable to be struck down.  
}}  
CARD END  

CARD START Tags: ID: 1738084121718
What are the two limitations on the President’s ordinance-making power?

{{c1::
- Ordinances can only be issued on subjects Parliament can legislate on.
- Ordinances cannot abridge or take away any fundamental rights, adhering to the same constitutional limitations as an act of Parliament.
- An ordinance cannot be issued to amend the Constitution. It can only modify or repeal existing laws or create new laws within the scope of the Constitution.  
}}
CARD END