The pardoning power of the President of India is granted by which Article?
- A.Article 61
- B.Article 72
- C.Article 143
- D.Article 161
Correct answer
Explanation
The correct answer is B, Article 72. It empowers the President to grant pardon, reprieve, respite, remission, suspension or commutation of punishment in cases of a sentence by court martial, offences against laws on matters within the Union's executive power, and all cases of a sentence of death. Option A is wrong because Article 61 lays down the procedure for the impeachment of the President for violation of the Constitution. Option C is wrong because Article 143 allows the President to refer a question of law or fact of public importance to the Supreme Court for its opinion, which is an advisory and not a pardoning power. Option D is wrong because Article 161 gives the matching but narrower power to a Governor, who may pardon neither a death sentence nor a court martial sentence.
Read the full article: President's Powers: Veto, Ordinance and Pardoning Power
Practice Questions
View allThe power of the President of India to promulgate ordinances is contained in which Article of the Constitution?
- A.Article 72
- B.Article 111
- C.Article 123
- D.Article 213
Show answer
Explanation
The correct answer is C, Article 123. It empowers the President to promulgate an ordinance when Parliament, or either House of it, is not in session and the President is satisfied that circumstances exist which make immediate action necessary; such an ordinance has the same force and effect as an Act of Parliament. Option A is wrong because Article 72 is the pardoning power, under which the President may grant pardon, reprieve, respite, remission, suspension or commutation of punishment. Option B is wrong because Article 111 deals with assent to bills passed by both Houses and is the source of the President's veto powers, not of ordinances. Option D is wrong because Article 213 confers the matching ordinance-making power on a Governor in respect of state subjects, and swapping 123 with 213 is the usual error in this question.
An ordinance promulgated by the President ceases to operate on the expiry of how long from the reassembly of Parliament?
- A.Four weeks
- B.Six weeks
- C.Three months
- D.Six months
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Explanation
The correct answer is B, six weeks. An ordinance must be laid before both Houses when Parliament reassembles, and it ceases to operate on the expiry of six weeks from the date of reassembly, or earlier if both Houses pass resolutions disapproving it. Where the two Houses reassemble on different dates, the six weeks are counted from the later of the two. Option A is wrong because four weeks is not a period mentioned anywhere in Article 123. Option C is wrong because three months has no place in the ordinance scheme either, although it appears in other parts of the Constitution. Option D is wrong because six months is the maximum gap permitted between two sessions of Parliament, and it is this gap plus the six weeks that gives an ordinance its maximum life.
What is the maximum period for which an ordinance issued by the President can remain in force without being approved by Parliament?
- A.Six weeks
- B.Three months and six weeks
- C.Six months and six weeks
- D.One year
Show answer
Explanation
The correct answer is C, six months and six weeks. The arithmetic is worth learning. Article 85 requires that six months shall not intervene between the last sitting of one session and the first sitting of the next, so the longest an ordinance can run before Parliament reassembles is six months; Article 123 then allows it six weeks more from the date of reassembly. Option A is wrong because six weeks is only the period after reassembly, not the whole life of the ordinance. Option B is wrong because the gap between sessions is capped at six months and not at three. Option D is wrong because no ordinance can survive a year without parliamentary approval, and it was precisely the practice of keeping ordinances alive beyond their term by re-issuing them that the Supreme Court struck down.
Which of the following kinds of veto is not available to the President of India?
- A.Absolute veto
- B.Qualified veto
- C.Suspensive veto
- D.Pocket veto
Show answer
Explanation
The correct answer is B, qualified veto. A qualified veto is one that the legislature can override only by a special higher majority, such as two-thirds; it belongs to the American President and not to the Indian one, because when the Indian President returns a bill a simple majority in both Houses is enough to compel assent. Option A is wrong because the absolute veto is available: the President may withhold assent and the bill then dies, as happened with the PEPSU Appropriation Bill of 1954. Option C is wrong because the suspensive veto, the power to return a bill for reconsideration, is available for every bill except a Money Bill. Option D is wrong because the pocket veto is available, no time limit for assent being prescribed by Article 111.
The pocket veto in India is associated with which bill and which President?
- A.The Hindu Code Bill and Dr Rajendra Prasad
- B.The Indian Post Office (Amendment) Bill, 1986, and Zail Singh
- C.The PEPSU Appropriation Bill, 1954, and Dr Rajendra Prasad
- D.The Parliament Members Salary Bill, 1991, and R. Venkataraman
Show answer
Explanation
The correct answer is B, the Indian Post Office (Amendment) Bill, 1986, and Zail Singh. The bill, which would have allowed the interception of postal articles, was neither assented to nor returned by President Zail Singh, who simply kept it pending, and it lapsed; this is the standing Indian illustration of a pocket veto. Option A is wrong because the Hindu Code Bill was a matter of political controversy in the early 1950s but was not disposed of by a pocket veto. Option C is wrong because the PEPSU Appropriation Bill of 1954 is the example of an absolute veto, assent having been positively withheld. Option D is wrong because the 1991 bill on the salaries of members of Parliament is also cited as an absolute veto, assent being refused rather than withheld by inaction.