The Union Executive — Practice Questions
UPSC Prelims-pattern practice questions on the President, Vice-President, ordinances, pardoning power and appointments, with full explanations.
Questions
These are original UPSC-pattern practice questions. Attempt each one before revealing the answer.
Consider the following statements regarding the impeachment of the President of India:
- The impeachment charges can be initiated in either House of Parliament.
- The charges must be signed by at least one-fourth of the members of the House, and the President must be given 14 days’ notice.
- Nominated members of Parliament do not take part in the impeachment.
Which of the statements given above is/are correct?
Solution
Statements 1 and 2 are correct under Article 61. Statement 3 is incorrect — nominated members, who do not vote in the presidential election, do take part in impeachment. Elected MLAs, who vote in the election, do not.
Answer: C
Which of the following can be done by the President of India but not by the Governor of a State under their respective pardoning powers?
- Pardon a sentence of death
- Pardon a sentence passed by a court-martial
- Commute a sentence of imprisonment
Select the correct answer using the code given below.
Solution
Under Article 72, the President can pardon death sentences and court-martial sentences. Under Article 161, the Governor cannot pardon a death sentence (though the Governor can commute, remit or suspend it) and has no power over court-martial sentences. Both can commute ordinary sentences.
Answer: A
Consider the following statements about the ordinance-making power of the President:
- An ordinance can be promulgated when only one House of Parliament is in session.
- An ordinance can be used to amend the Constitution.
- An ordinance ceases to operate six weeks after the reassembly of Parliament, unless approved earlier.
Which of the statements given above is/are correct?
Solution
Statement 1 is correct — Article 123 permits an ordinance “except when both Houses of Parliament are in session”, since a law needs both Houses. Statement 2 is incorrect — an ordinance cannot amend the Constitution. Statement 3 is correct — it lapses six weeks after reassembly unless disapproved earlier.
Answer: D
Who administers the oath of office to the Vice-President of India?
Solution
Under Article 69, the Vice-President takes the oath before the President (or a person appointed by the President). The Chief Justice of India administers the oath to the President, not the Vice-President.
Answer: B
How many of the following are appointed by the President of India?
- Comptroller and Auditor General of India
- Chief Election Commissioner
- Chairman of the Union Public Service Commission
- Speaker of the Lok Sabha
Solution
The President appoints the CAG (Article 148), the Chief Election Commissioner (Article 324) and the UPSC Chairman (Article 316). The Speaker is elected by the Lok Sabha from among its members (Article 93). So three.
Answer: C
Mains
The ordinance-making power was meant for emergencies, not as a parallel route to legislation. Examine the constitutional and judicial safeguards against its misuse.
Solution
Introduction: Article 123 lets the President promulgate ordinances when Parliament is not in session and immediate action is needed. It is an exceptional power, not a substitute for legislation.
Body:
- Constitutional safeguards: available only when a House is not in session; limited to Parliament’s legislative competence; cannot amend the Constitution; must be laid before both Houses; lapses six weeks after reassembly; Parliament may disapprove it.
- Amendments: the 38th Amendment (1975) made the President’s satisfaction final; the 44th (1978) removed that immunity.
- Judicial checks: D.C. Wadhwa (1987) — mass re-promulgation is a fraud on the Constitution; Krishna Kumar Singh (2017) — laying before the legislature is mandatory, re-promulgation is unconstitutional, and the satisfaction is open to limited review.
- Concerns: ordinances issued just before or after sessions; re-promulgation of the same ordinance; bypassing debate.
Conclusion: Ordinances should remain a bridge to legislation, not a detour around it; political restraint and parliamentary scrutiny are as vital as judicial review.