The Union Executive



Q.1.Electoral College for the election of the President of India consists of :  66th B.P.S.C. (Pre) (Re- Exam), 2020

(a) All the elected members of the Rajya Sabha.

(b) All the elected members of the Lok Sabha

(c) All the members of the State Legislative Assemblies.

(d) All the elected members of both the Houses of Parliament and elected members of the State Legislative Assemblies.

(e) None of the above / More than one of the above

Ans: (d)

Exp: 

  1. The election of the President of India is governed by Article 54 of the Constitution of India. It provides for an indirect election through an Electoral College to ensure a federal balance between the Union and the States. 
  2. The Electoral College consists of:
  3. Elected members of both Houses of Parliament
  4. Lok Sabha
  5. Rajya Sabha
  6. Elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry. 
  7. Exclusions 
  8. Nominated members of Parliament are excluded.
  9. Members of State Legislative Councils (where bicameralism exists) are excluded.

Therefore, option (d) is the correct answer.

Q.2. With reference to the election of the President of India, consider the following statements: (2018)

1. The value of the vote of each MLA varies from State to State.

2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2 

(d) Neither 1 nor 2

Ans: (a)

Exp: 

  1. The Constitution of India ensures uniformity in the scale of representation among States and parity between the States and the Union in the election of the President. This objective is achieved by assigning a specific value to the votes of elected representatives in a carefully calibrated manner.
  2. Value of Votes of MLAs : Each elected member of the Legislative Assembly of a State is assigned a vote value determined by the following formula:

                         

  1. Since population differs across states, the value of votes also varies.
  2. This ensures that States with larger populations have proportionately higher representation, while maintaining internal uniformity within each State. Hence, statement 1 is correct
  3. Value of Votes of MPs : The value of the vote of each elected Member of Parliament (both Lok Sabha and Rajya Sabha) is calculated as

  1. The Constitution does not differentiate between Lok Sabha and Rajya Sabha members in this context.
  2. All elected MPs (both Lok Sabha + Rajya Sabha) have equal vote value.
  3. This formula ensures parity between the Union and the States, so that the total value of votes of MPs is broadly equal to that of MLAs. Hence, statement 2 is not correct.
  4. Therefore, option (a) is the correct answer.

Q.3.Consider the following statements in respect of election to the President of India: (UPSC, 2023)

1. The members nominated to either House of the Parliament or the Legislative Assemblies of States are also eligible to be included in the Electoral College.

2. Higher the number of elective Assembly seats, higher is the value of vote of each MLA of that State.

3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala.

4. The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh.

How many of the above statements are correct?

(a) Only one 

(b) Only two

(c) Only three 

(d) All four

Ans: (a)

Exp:

  1. Under Article 54 of the Constitution of India, the Electoral College for the election of the President consists exclusively of:
  2. Elected members of both Houses of Parliament, and
  3. Elected members of the Legislative Assemblies of States (including the Union Territories of Delhi and Puducherry).
  4. Nominated members are explicitly excluded from the Electoral College. Hence, statement 1 is not correct.
  5. The value of the vote of an MLA is determined by the formula:

  1. Thus, the value of each MLA’s vote is inversely proportional to the number of elected Assembly members.
  2. A larger Assembly size leads to a lower value per MLA, not higher.
  3. The value of an MLA’s vote depends on the population-to-MLA ratio (based on the 1971 Census). Kerala has a relatively higher population per MLA compared to Madhya Pradesh, resulting in a higher vote value per MLA in Kerala.
  4. Hence, statement 3 is not correct.
  5. “The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh.”
  6. The determining factor is the population per elected MLA. Puducherry has a higher population-to-seat ratio than Arunachal Pradesh. Consequently, the value of each MLA’s vote in Puducherry is greater. Hence, statement 4 is correct.
  7. Therefore, option (a) is the correct answer.

Q.4. Which one of the following is not correct regarding the Presidential election? U.P.P.C.S. (Mains) 2016

(a) Election of the successor must be held before the expiry of the term of the incumbent President

(b) The President shall hold office for a term of five years from the date on which he enters upon his office.

(c) On the expiration of his term, he continues to hold office until his successor enters upon his office.

(d) The President's election may be postponed on the ground that the electoral college is incomplete.

Ans: (d)

Exp:

The constitutional framework governing the Presidential election is provided under the Constitution of India (Articles 54–62). The objective is to ensure continuity, stability, and certainty in the highest constitutional office. 

  1. As per Article 62(1), the election to fill the vacancy caused by the expiration of the President’s term must be completed before the term ends. Hence, statement 1 is correct.

The President shall hold office for a term of five years from the date on which he enters upon his office

  1. It is clearly mentioned in Article 56(1). The five-year tenure is fixed but not absolute, since the President may:
  2. Resign earlier, or
  3. Be removed by impeachment. Hence, statement 2 is correct.
  4. The President can hold office beyond his term of five years until his successor assumes charge. Hence, statement 3 is correct.
  5. The election of a person as President cannot be challenged on the ground that the electoral college was incomplete ( ie, existence of any vacancy among the members of electoral college). 
  6. Vacancies in the Electoral College (e.g., dissolved assemblies, vacant seats) do not invalidate the election.
  7. The election must proceed as scheduled, regardless of such incompleteness. Hence, statement 4 is not correct.
  8. Therefore, option (d) is correct

Q.5. Consider the following statements:                                  UPSC (2023)

1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/ her office of President before the date of decision become invalid.

2. Elections for the post of the President of India can be postponed on the grounds that some Legislative Assemblies have been dissolved and elections are yet to take place.

3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.

How many of the above statements are correct?

(a) Only one 

(b) Only two

(c) All three

(d) None

Ans: (d)

Exp: 

  1. Under Article 71(2) of the Constitution, if the election of the President is declared void by the Supreme Court, the acts done by that President before the date of such decision remain valid.
  2. This is based on the principle of continuity and stability of the constitutional system. Hence, statement 1 is not correct.
  3. The election of the President cannot be postponed on this ground. The Supreme Court has clarified that the absence of some members in the electoral college due to dissolution of Legislative Assemblies does not stop the presidential election.
  4. This is because Article 62(1) requires that an election to fill a vacancy caused by expiry of the President’s term must be completed before the expiration of the term. Hence, statement 2 is not correct.
  5. The Constitution does not prescribe any time limit within which the President must give assent, withhold assent, or return the Bill.
  6. Because of this absence of time limit, the situation is often referred to as a pocket veto.
  7. Hence, statement 3 is not correct.
  8. Therefore, option (d) is the correct answer.

Q.6.Consider the following statements: (2022)

1. A bill amending the Constitution requires a prior recommendation of the President of India.

2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.

3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2 only 

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Ans: (b)

Exp:

  1. A Constitution Amendment Bill does not require prior recommendation of the President. Hence, statement 1 is not correct.
  2. It can be introduced in either House of Parliament by a minister or a private member.
  3. Under Article 368(2), after a Constitution Amendment Bill is duly passed by Parliament (and ratified by states, where required), the President is bound to give assent.
  4. The President cannot withhold assent or return the bill. Hence, statement 2 is correct.
  5. “A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.”
  6. The Bill must be passed in each House separately by:
  7. A special majority (majority of total membership + 2/3rd of members present and voting).
  8. In case of disagreement between the Houses, there is no provision for a joint sitting for passing a Constitution Amendment Bill. Hence, statement 3 is correct.
  9. Therefore, option (b) is the correct answer.

Q.7.Consider the following statements: (2014)

1. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.

Which of the statements given above is/are correct?

(a) 1 only 

(b) 2 only

(c) Both 1 and 2 

(d) Neither 1 nor 2

Ans: (a)

Exp: 

  1. Article 77(3) of the Constitution of India empowers the President to make rules for the convenient transaction of government business and the allocation of portfolios among Ministers. 
  2. It ensures that administrative work is organized, authenticated, and conducted in the President's name by the Council of Ministers. Hence, statement 1 is correct.
  3. Article 77(1) clearly states: “All executive action of the Government of India shall be expressed to be taken in the name of the President.” Hence, statement 2 is not correct.
  4. Therefore, option (a) is the correct answer.

Q.8.Which article of the Indian Constitution prescribes eligibility conditions for re-election to the post of the

President of India? Chhattisgarh P.C.S. (Pre) 2011

(a) Article 52

(b) Article 54

(c) Article 55

(d) Article 57

Ans: (d)

Exp:

The eligibility for re-election of the President of India is specifically provided under Article 57.

  1. Article 57 states that a person who has held the office of President is eligible for re-election, subject to fulfilling other constitutional conditions.
  2. Notably, the Constitution does not impose any limit on the number of terms a President can serve.
  3. Article 52 → Establishes that there shall be a President of India.
  4. Article 54 → Deals with the electoral college for Presidential election.
  5. Article 55 → Describes the manner of election of the President.
  6. Therefore, option (d) is the correct answer.

Q.9. If there is any dispute regarding the Presidential election, it can be referred to : 38th B.P.S.C. (Pre) 1992

(a) Attorney General of India

(b) Parliament

(c) Supreme Court of India

(d) None of these

Ans: (c)

Exp: 

Any dispute regarding the Presidential election is decided by the Supreme Court of India under Article 71.

  1. Article 71 provides that all doubts and disputes arising out of the election of the President or Vice-President shall be inquired into and decided exclusively by the Supreme Court.
  2. The decision of the Supreme Court in such matters is final.
  3. Therefore, option (c) is the correct answer.

Q.10. To whom does the President of India address his resignation? I.A.S. (Pre) 2009

(a) Speaker of the Lok Sabha

(b) Vice-President of India

(c) Chief Justice of India

(d) Prime Minister of India

Ans: (b)

Exp: 

According to Article 56(1)(a), the President of India resigns by writing addressed to the Vice-President.

  1. Therefore, option (b) is the correct answer.

Q.11.The President of India can be removed from his post by : 47th B.P.S.C. (Pre) 2005

(a) The Prime Minister of India

(b) Lok Sabha

(c) Chief Justice of India

(d) Parliament

Ans: (d)

Exp:

The President of India is removed through the process of impeachment, which is carried out by the Parliament of India under Article 61.

  1. Ground: Violation of the Constitution.
  2. Who removes? Both Houses of Parliament (Lok Sabha and Rajya Sabha).
  3. Procedure:
  4. The impeachment charge may be initiated in either House of Parliament.
  5. The charge must be contained in a notice signed by at least one-fourth of the total number of members of that House.
  6. The President must be given at least 14 days' notice.
  7. The initiating House must pass the impeachment resolution by a majority of not less than two-thirds of the total membership of that House.
  8. The other House then investigates or causes the charge to be investigated.
  9. If the other House also passes the resolution by a majority of not less than two-thirds of the total membership of that House, the President is removed from office.

Therefore,option (d) is the correct answer.

Q.12. Which one of the following amendments to the Indian Constitution empowers the President to send back any matter for reconsideration by the Council of Ministers?  I.A.S. (Pre) 2002

(a) 39th

(b) 40th

(c) 42nd

(d) 44th

Ans: (d)

Exp:

The power of the President to send back advice of the Council of Ministers for reconsideration was added by the 44th Constitutional Amendment Act, 1978.

  1. This amendment modified Article 74, which deals with the Council of Ministers aiding and advising the President.
  2. After the 44th Amendment:
  3. The President may once return the advice of the Council of Ministers for reconsideration.
  4. However, after reconsideration, the President is bound to accept the advice.
  5. The earlier 42nd Constitutional Amendment Act, 1976 had made the President completely bound by the advice of the Council of Ministers.
  6. The 44th Amendment introduced a limited discretionary check, restoring some balance.

Therefore, option (d) is the correct answer.

Q.13. Under which Article of the Constitution the President of India has been empowered to promulgate an

Ordinance? [U.P. Lower Sub. (Mains) 2013]

(a) Article 356 

(b) Article 360

(c) Article 200

(d) Article 123

Ans : (d)

Exp: 

The power of the President to promulgate an Ordinance is provided under Article 123.

  1. This power can be exercised when Parliament is not in session.
  2. The Ordinance has the same force and effect as a law passed by Parliament.
  3. It must be approved by Parliament within 6 weeks of its reassembly; otherwise, it lapses.

Therefore, option (d) is the correct answer.

Q.14.Which Article of the Indian Constitution empowers the President to consult the Supreme Court? U.P.P.C.S. 2012

(a) Article 129 

(b) Article 132

(c) Article 143 

(d) Article 32

Ans: (c) 

Exp:

The power of the President to consult the Supreme Court is provided under Article 143.

  1. This is known as the Advisory Jurisdiction of the Supreme Court of India.
  2. The President can refer questions of law or fact of public importance to the Supreme Court for its opinion.
  3. The Court may give or refuse to give its opinion, and such advice is not binding on the President.

Therefore, option (c) is the correct answer.

Q.15. Given below are two statements: U.P.P.C.S. (Mains) 2010

Assertion (A) : The Supreme Command of the Defence Forces is vested in the President.

Reason (R) : The President’s powers as Commander-in-Chief are independent of Legislative Control.

In the context of the above, select the correct answer using the code given below:

Code :

(a) Both (A) and (R) are true, and (R) is the correct explanation of (A).

(b) Both (A) and (R) are true, but (R) is not a correct explanation of (A).

(c) (A) is true, but (R) is false.

(d) (A) is false, but (R) is true.

Ans: (c)

Exp: 

Assertion (A): True

  1. The supreme command of the Defence Forces is vested in the President of India.
  2. This is explicitly provided under Article 53, which vests the executive power of the Union in the President, including command over the armed forces.

Reason (R): False

  1. The statement that the President’s powers as Commander-in-Chief are independent of legislative control is incorrect.
  2. The exercise of this power is subject to law made by Parliament, meaning it is not absolute or independent.
  3. In practice, these powers are exercised on the aid and advice of the Council of Ministers (Article 74), reinforcing democratic accountability.

Therefore, option (c) is the correct answer because (A) is true, but (R) is false.

Q.16. The Vice-President of India is elected by the members of an electoral college comprising: U.P.P.C.S. (Mains) 2012

(a) Only elected members of both the Houses of Parliament.

(b) All the members of both the Houses of Parliament.

(c) Only elected members of Rajya Sabha and State Assemblies.

(d) Only elected members of State Assemblies.

Ans: (b)

Exp:

The Vice-President of India is elected according to Article 66 of the Constitution of India.

  1.  Composition of Electoral College : It consists of all members of both Houses of Parliament:
  2. Elected members
  3. Nominated members


FeaturePresidentVice-President
Electoral CollegeElected MPs + Elected MLAsAll MPs (elected + nominated)
State AssembliesIncluded Not included
Nominated MembersNot includedIncluded


Therefore,option (b) is the correct answer.

Q.17.The Vice-President of India :

1.Is the second highest dignitary of India.

2. Has no formal function attached to his office

3. Discharges the functions of the President during his absence.

4. Acts as the President if the President resigns, or is removed or dies.

Select the correct answer from the code given below :

Code :

(a) 1 and 2 

(b) 1,2 and 3

(c) 1,3 and 4 

(d) All the four

Ans: (d)

Exp:

  1. The Vice-President holds the second highest constitutional office after the President in India’s order of precedence.The Vice-President is the second highest dignitary of India.Hence,statement 1 is correct.
  2. The Vice-President of India does not possess any independent executive authority. Under Article 64, he serves as the ex-officio Chairman of the Rajya Sabha, and under Article 65, he performs the functions of the President only in the event of a vacancy in the President’s office. Hence,statement 2 is correct.
  3. “Discharges the functions of the President during his absence.” Under Article 65, the Vice-President performs the functions of the President when there is a temporary vacancy (e.g., absence, illness).Hence,statement 3 is correct.
  4.  In case of vacancy in the office of the President (death, resignation, removal), the Vice-President acts as the President until a new President is elected.Hence,statement 4 is correct.

Therefore, option (d) is the correct answer.

Q.18. Consider the following statements: ( UPSC 2022)

1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.

2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.

Which of the statements given above is/are correct?

(a) 1 only 

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: (b)

Exp:

The Constitution of India does not provide any classification or categorisation of ministers into different ranks:

  1. Articles 74 and 75 merely refer to the existence of a Council of Ministers headed by the Prime Minister to aid and advise the President.
  2. The categorisation into Cabinet Ministers, Ministers of State (with or without independent charge), and Deputy Ministers is based on parliamentary conventions and administrative practice, not on any constitutional provision. Hence,statement 1 is not correct.
  3. Article 75(1A) of the Constitution, inserted by the 91st Constitutional Amendment Act, 2003, prescribes that:
  4. The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15 percent of the total strength of the Lok Sabha. Hence,statement 2 is correct.
  5. Therefore, option (b) is the correct answer.

Q.19.Consider the following statements: (2013)

1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.

2. The Union Ministers shall hold the office during the pleasure of the President of India.

3. The Prime Minister shall communicate to the President about the proposals for legislation.

Which of the statements given above is/are correct?

(a) 1 only 

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Ans: (b)

Exp:

  1. Article 75(3) states:
  2. “The Council of Ministers shall be collectively responsible to the House of the People (Lok Sabha).”
  3. The Constitution explicitly mentions Lok Sabha, not the entire Parliament. Hence,statement 1 is not correct.
  4. Under Article 75(2) of the Indian Constitution, Union Ministers hold office during the pleasure of the President of India. This constitutional provision allows the President to remove a minister, usually on the advice of the Prime Minister, to ensure the Council of Ministers retains the Prime Minister's confidence. Hence,statement 2 is correct.
  5. Under Article 78 of the Indian Constitution, the Prime Minister is duty-bound to communicate to the President all decisions of the Council of Ministers regarding administration and legislative proposals. This ensures the President is informed of governmental affairs and proposals for legislation, maintaining the required constitutional link. Hence, statement 3 is correct.

Therefore, option (b) is the correct answer.

Q.20.In the context of India, which of the following principles is/are implied institutionally in the parliamentary government? (2013)

1. Members of the Cabinet are Members of the Parliament.

2. Ministers hold the office till they enjoy confidence in the Parliament.

3. The Cabinet is headed by the Head of the State.

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Ans: (a)

Exp:

  1. Under Article 75(5), a minister must be a member of Parliament (or become one within six months).
  2. This reflects the fusion of executive and legislature, a defining feature of parliamentary government.Hence,statement 1 is correct.
  3. As per Article 75(3), the Council of Ministers is collectively responsible to the Lok Sabha.
  4. In effect, the government continues only so long as it enjoys majority support.
  5. If the Council of Ministers loses the confidence of the Lok Sabha, it is constitutionally required to resign from office.Hence,statement 2 is correct.
  6. In India, the Head of State is the President of India, but real executive power lies with the Prime Minister of India.
  7. The Cabinet is led by the Prime Minister, not the President.Hence,statement 3 is not correct.
  8. Therefore, option (a) is the correct answer.

Q.21.The Prime Minister of India, at the time of his/her appointment: (2012)

(a) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months

(b) need not necessarily be a member of one of the Houses of the Parliament but must become a member of the Lok Sabha within six months

(c) must be a member of one of the Houses of the Parliament

(d) must be a member of the Lok Sabha

Ans: (a)

Exp:

  1. The Constitution of India does not mandate that the Prime Minister must be a member of Parliament at the time of appointment.
  2. However, article 75(5) states: A minister who is not a member of Parliament for six consecutive months shall cease to be a minister.
  3. The Prime Minister need not be a member of Parliament at the time of appointment, but must secure membership in either House within six months.
  4. Therefore,option (a) is the correct answer.

Q.22. Given below are two statements, one labelled as Assertion (A) and the other as Reason (R) : U.P.B.E.O. (Pre) 2019

Assertion (A) : The Council of Ministers in India is jointly accountable before Lok Sabha and Rajya Sabha.

Reason (R) : Members of both Lok Sabha and Rajya Sabha are eligible to become Ministers in the Union Government.

Select the correct answer from the codes given below:

Codes :

(a) Both (A) and (R) are true and (R) is the correct explanation of (A).

(b) Both (A) and (R) are true but (R) is not the correct explanation of (A).

(c) (A) is true but (R) is false.

(d) (A) is false but (R) is true.

Ans: (d)

Exp:

Assertion (A): False

The statement is incorrect because the Council of Ministers is collectively responsible only to the Lok Sabha, not to both Houses.

  1. This principle is enshrined in Article 75.
  2. It reflects the core feature of the parliamentary system, where the executive derives legitimacy from and remains accountable to the directly elected House (Lok Sabha).
  3. The Rajya Sabha does not have the power to remove the Council of Ministers through a no-confidence motion.

Reason (R): True

The statement is correct. Members of both Houses—Lok Sabha and Rajya Sabha—are eligible to become Ministers.

  1. Even a person who is not a member of either House can be appointed as a Minister, but must get elected or nominated to either House within six months.
  2. Therefore,option (d) is the correct answer because (A) is false but (R) is true.

Q.23. Consider the following statements:           UPSC 2015

1. The Executive Power of the Union of India is vested in the Prime Minister.

2. The Prime Minister is the ex-officio Chairman of the Civil Services Board.

Which of the statement(s) given above is/are correct?

(a) 1 only 

(b) 2 only

(c) Both 1 and 2 

(d) Neither 1 nor 2

Ans : (d)

Exp:

  1. Under Article 53 of the Constitution, the executive power of the Union is vested in the President, and is exercised by him/her either directly or through officers subordinate to him/her in accordance with the Constitution.
  2. Therefore, it is not constitutionally vested in the Prime Minister.
  3. Although the Prime Minister and the Council of Ministers exercise the real executive authority, the formal constitutional vesting is in the President.

Hence, Statement 1 is incorrect.

  1. The Prime Minister is not the ex-officio Chairman of the Civil Services Board.
  2. The Civil Services Board is headed by the Cabinet Secretary.
  3. It deals with matters relating to the posting, transfer and service conditions of senior civil servants.

Hence, Statement 2 is incorrect.

Therefore, option (d) is the correct answer.

Q.24.Consider the following statements: (2019)

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of ‘Office of Profit’.

2. The above-mentioned Act was amended five times.

3. The term ‘Office of Profit’ is well-defined in the Constitution of India.

Which of the statements given above is/are correct?

(a) 1 and 2 only 

(b) 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Ans: (a)

Exp:

  1. The Parliament (Prevention of Disqualification) Act, 1959 was enacted to exempt certain offices from disqualification under the “office of profit” rule.
  2. Articles 102(1)(a) and 191(1)(a) of the Constitution disqualify a person from being an MP/MLA if they hold an office of profit under the government.
  3. However, Parliament is empowered to declare certain offices as not disqualifying.
  4. The 1959 Act performs precisely this function by listing exempted offices. Hence, statement 1 is correct.
  5. Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times. As of June 2019, the Act had been amended five times to expand the list of exempted offices. Hence, Statement 2 is correct. 
  6. The term “office of profit” is not defined in the Constitution of India, reflecting a deliberate choice by the framers to retain conceptual flexibility.
  7. Instead, its meaning has evolved through judicial exposition, notably in cases such as Guru Gobinda Basu vs Sankari Prasad Ghosal. Hence, statement 3 is not correct.

Q.25.Consider the following statements: (2022)

1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.

2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: (d)

Exp:

  1. Under Article 88 of the Constitution, the Attorney General of India has the right to speak and participate in the proceedings of both Houses of Parliament and their committees, without the right to vote.Hence,statement 1 is not correct.
  2. However, the Solicitor General of India is not a constitutional office; it is a statutory/executive position and does not enjoy such constitutional privileges.
  3. The Attorney General is appointed under Article 76 and holds office during the pleasure of the President.
  4. The Constitution does not mandate that the Attorney General must resign upon the resignation of the government.
  5. Although, by convention, the Attorney General may resign when the government changes, this is not a constitutional requirement. Hence, statement 2 is not correct.
  6. Therefore,option (d) is the correct answer.