Answers 1
Answers 1
Explain procedure & process of electing president of India, what is his powers &
functions
(13 Marks)
Procedure for Electing the President of India:
The President of India is elected by an electoral college consisting of:
● Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha)
● Elected members of the Legislative Assemblies of all states and Union Territories with a
legislature
The election is held through a system of proportional representation by means of the single
transferable vote.
Powers and Functions of the President of India:
● Executive Powers:
○ Appoints the Prime Minister and other ministers on the advice of the Prime Minister.
○ Appoints the Governors of states.
○ Supreme Commander of the Armed Forces.
○ Has the power to grant pardons, reprieves, respites, or remissions of punishment or
to suspend, remit, or commute the sentence of any person convicted of any
offense.
○ Assents to bills passed by Parliament.
○ Can withhold assent to bills passed by Parliament.
○ Can return a bill passed by Parliament for reconsideration.
○ Can dissolve the Lok Sabha.
○ Can address either House of Parliament or both Houses assembled together.
○ Can summon and prorogue either House of Parliament or dissolve the Lok Sabha.
○ Can issue ordinances when Parliament is not in session.
● Legislative Powers:
○ Can summon and prorogue either House of Parliament or dissolve the Lok Sabha.
○ Can address either House of Parliament or both Houses assembled together.
○ Can issue ordinances when Parliament is not in session.
○ Can withhold assent to bills passed by Parliament.
○ Can return a bill passed by Parliament for reconsideration.
● Judicial Powers:
○ Can grant pardons, reprieves, respites, or remissions of punishment or to suspend,
remit, or commute the sentence of any person convicted of any offense.
○ Can appoint judges of the Supreme Court and High Courts.
● Diplomatic Powers:
○ Represents India in international affairs.
○ Concludes treaties and agreements with foreign countries.
○ Appoints ambassadors and high commissioners to foreign countries.
○ Receives foreign dignitaries.
● Other Powers:
○ Can declare a state of emergency.
○ Can declare war or conclude peace.
○ Can dissolve the Lok Sabha.
○ Can address either House of Parliament or both Houses assembled together.
○ Can summon and prorogue either House of Parliament or dissolve the Lok Sabha.
○ Can issue ordinances when Parliament is not in session.
○ Can withhold assent to bills passed by Parliament.
○ Can return a bill passed by Parliament for reconsideration.
○ Can grant pardons, reprieves, respites, or remissions of punishment or to suspend,
remit, or commute the sentence of any person convicted of any offense.
○ Can appoint judges of the Supreme Court and High Courts.
○ Represents India in international affairs.
○ Concludes treaties and agreements with foreign countries.
○ Appoints ambassadors and high commissioners to foreign countries.
○ Receives foreign dignitaries.
○ Can declare a state of emergency.
○ Can declare war or conclude peace.
Q7. a) Responsibility of Council of Ministers
(13 Marks)
The Council of Ministers is responsible for:
● Advising the President on all matters of government.
● Implementing the policies of the government.
● Managing the day-to-day affairs of the government.
● Representing the government in Parliament.
● Ensuring the smooth functioning of the government.
b) Distinction between Council of Ministers & Cabinet
(13 Marks)
The Council of Ministers is the collective body of ministers who are appointed by the President
on the advice of the Prime Minister. The Cabinet is a smaller group of ministers who are
entrusted with the responsibility of formulating and implementing government policies.
The main distinctions between the Council of Ministers and the Cabinet are:
● The Council of Ministers includes all ministers, while the Cabinet includes only a select
group of ministers.
● The Council of Ministers is responsible for advising the President on all matters of
government, while the Cabinet is responsible for formulating and implementing
government policies.
● The Cabinet is chaired by the Prime Minister, while the Council of Ministers is not chaired
by any particular minister.
● The Cabinet is responsible for making major policy decisions, while the Council of
Ministers is responsible for implementing those decisions.
Q8. What is an amendment ? State the types & procedure for amending the Constitution
of India
(13 Marks)
An amendment is a change or modification to the Constitution. The Constitution of India can be
amended in three ways:
● By a simple majority of both Houses of Parliament.
● By a special majority of both Houses of Parliament.
● By a special majority of both Houses of Parliament and ratification by half of the state
legislatures.
The procedure for amending the Constitution is laid down in Article 368 of the Constitution.
Q9. Write short notes on
(16 Marks)
a) Scope of the Right to Life and Personal Liberty under Article 21
Article 21 of the Constitution guarantees the right to life and personal liberty to all citizens. This
right has been interpreted by the Supreme Court to include a wide range of rights, including the
right to:
● Livelihood
● Health
● Education
● Privacy
● Dignity
● Freedom from torture
● Freedom from arbitrary arrest and detention
The scope of the right to life and personal liberty has been expanded by the Supreme Court
through various judgments. The Court has held that the right to life and personal liberty is not
merely a right to be free from physical harm, but also a right to live with dignity and to enjoy a
decent standard of living.
b) Scheme of the Fundamental Right to certain Freedom under Article 19
Article 19 of the Constitution guarantees certain fundamental rights to all citizens, including the
right to:
● Freedom of speech and expression
● Freedom of assembly
● Freedom of association
● Freedom of movement
● Freedom to reside and settle in any part of the territory of India
● Freedom to practice any profession or to carry on any occupation, trade or business
These rights are subject to certain reasonable restrictions in the interests of the general public.
The Supreme Court has held that these restrictions must be necessary and proportionate to the
object sought to be achieved.
The right to freedom of speech and expression is a cornerstone of democracy. It allows citizens
to express their views on matters of public importance and to hold the government accountable.
The right to freedom of assembly and association allows citizens to form groups and
organizations to promote their interests. The right to freedom of movement allows citizens to
travel freely within the country. The right to reside and settle in any part of the territory of India
allows citizens to live and work wherever they choose. The right to practice any profession or to
carry on any occupation, trade or business allows citizens to earn a living.
● https://www.legalschool.in/2023/02/What-is-the-manner-of-election-of-the-president-of-
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● https://www.ndtv.com/india-news/presidential-elections-2017-how-is-the-president-of-
india-elected-explained-in-10-points-1712285
● https://en.wikipedia.org/wiki/Pardon
● https://mystudentsessays.com/essay-on-constitution-of-india/
● http://www.ipu.ac.in/syllabus/syllbup04_310708.doc
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