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Union executive

Political Science / Civics

Useful for: UPSC Civil Services, OSSC RHT — Regular High School Teacher, OSEPA Upper Primary — Arts, OSSC Political Science, OSSSC Govt TGT Arts, SSB Lecturer (Degree Colleges), SSB TGT Arts

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Overview

The President is the constitutional head acting on ministerial advice; real executive power lies with the Council of Ministers led by the Prime Minister and responsible to the Lok Sabha.

Key points

The President is elected by an electoral college of elected MPs and elected MLAs of states and of Delhi and Puducherry (70th Amendment), by proportional representation with single transferable vote.
Article 74: the President acts on the advice of the Council of Ministers; the 42nd Amendment made it binding and the 44th allowed the President to return advice once for reconsideration.
The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
The 91st Amendment (2003) limits the Council of Ministers to 15% of the Lok Sabha’s strength.
The President can issue ordinances under Article 123 when Parliament is not in session.
The President’s pardoning power (Article 72) extends to court-martial sentences and death sentences.

Explanation

Veto types: absolute, suspensive and pocket veto; President Zail Singh used a pocket veto on the Indian Post Office (Amendment) Bill in 1986.
The President has no veto over constitutional amendment bills (24th Amendment).
Impeachment (Article 61) needs a two-thirds majority of total membership in each House.
Ordinances must be laid before Parliament and lapse six weeks after it reassembles.
Discretion arises mainly in appointing a PM when no party has a majority.

Step by step

Identify the concept, law or fact asked.
Recall the definition, formula, example or year.
Apply it and eliminate mismatched options.

Examples

Statement: "The President can withhold assent to a constitutional amendment bill." → Incorrect.
Statement: "The size of the Council of Ministers is capped at 15% of the Lok Sabha." → Correct (91st Amendment).
Statement: "Nominated members of Parliament vote in the presidential election." → Incorrect.

Traps and advanced points

Trap: Letting nominated members vote in the presidential election.
Trap: Thinking the President can repeatedly return ministerial advice.
Trap: Allowing veto over amendment bills.

Quick revision

Electoral college: elected MPs + MLAs.
Art 74 binding; one return.
91st: 15% cap.

Practice MCQs

From the perspective of definition and scope, which one of the following statements about President & Council of Ministers is correct?
1. The President exercises all executive powers entirely independent of ministerial advice in ordinary circumstances.
2. President & Council of Ministers is unrelated to institutions, processes or real-world applications.
3. President & Council of Ministers has no exceptions or limitations in exam analysis.
4. The President ordinarily acts on the aid and advice of the Council of Ministers headed by the Prime Minister.
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Answer: (d) The President ordinarily acts on the aid and advice of the Council of Ministers headed by the Prime Minister.. The President ordinarily acts on the aid and advice of the Council of Ministers headed by the Prime Minister.
Consider the following statements on President & Council of Ministers, focusing on definition and scope: 1. The President ordinarily acts on the aid and advice of the Council of Ministers headed by the Prime Minister. 2. The President may return a non-Money Bill once for reconsideration; if repassed, assent cannot be withheld on that ground. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (c) Both 1 and 2. Both statements are correct.
With reference to President & Council of Ministers (definition and scope), consider the following statements: 1. Election Commission conducts elections to Parliament, state legislatures, and offices of President and Vice-President. 2. The Council of Ministers is collectively responsible to the Lok Sabha. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (c) Both 1 and 2. Both statements are correct.
Consider the following statements on President & Council of Ministers and Local Government, focusing on practical application: 1. The President exercises all executive powers entirely independent of ministerial advice in ordinary circumstances. 2. The Election Commission of India directly conducts every Panchayat and Municipal election. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (d) Neither 1 nor 2. Neither statement is correct; both are common misconceptions.
From the perspective of practical application, which one of the following statements about President & Council of Ministers is correct?
1. The Rajya Sabha may recommend changes to a Money Bill but cannot finally amend or reject it.
2. Article 32 itself is a Fundamental Right and empowers the Supreme Court to issue constitutional writs.
3. The President may return a non-Money Bill once for reconsideration; if repassed, assent cannot be withheld on that ground.
4. Constitutionalism means limited government under higher law, not merely the existence of a written constitution.
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Answer: (c) The President may return a non-Money Bill once for reconsideration; if repassed, assent cannot be withheld on that ground.. The President may return a non-Money Bill once for reconsideration; if repassed, assent cannot be withheld on that ground.
Consider the following statements on President & Council of Ministers, focusing on institutional design: 1. The Council of Ministers is collectively responsible to the Lok Sabha. 2. The President may return a non-Money Bill once for reconsideration; if repassed, assent cannot be withheld on that ground. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (c) Both 1 and 2. Both statements are correct.
From the perspective of working mechanism, which one of the following statements about President & Council of Ministers is correct?
1. The CAG audits public finances but does not itself vote or appropriate expenditure.
2. The Election Commission, CAG, Finance Commission and UPSC derive their core status from the Constitution.
3. An ordinance has the force of law but is temporary and subject to parliamentary control.
4. A Money Bill can be introduced only in the Lok Sabha and requires the President’s recommendation.
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Answer: (c) An ordinance has the force of law but is temporary and subject to parliamentary control.. An ordinance has the force of law but is temporary and subject to parliamentary control.
Consider the following statements on President & Council of Ministers and Federalism & Centre-State Relations, focusing on working mechanism: 1. The President exercises all executive powers entirely independent of ministerial advice in ordinary circumstances. 2. All residuary legislative subjects automatically belong to State Legislatures. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (d) Neither 1 nor 2. Neither statement is correct; both are common misconceptions.
With reference to President & Council of Ministers (practical application), consider the following statements: 1. The Council of Ministers is collectively responsible to the Lok Sabha. 2. The President ordinarily acts on the aid and advice of the Council of Ministers headed by the Prime Minister. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Read chapter notes · Similar questions
Show answer
Answer: (c) Both 1 and 2. Both statements are correct, so the answer is (C) Both 1 and 2. Statement 1 is correct. Statement 2 is correct.
With reference to President & Council of Ministers (working mechanism), consider the following statements: 1. Election Commission conducts elections to Parliament, state legislatures, and offices of President and Vice-President. 2. The President exercises all executive powers entirely independent of ministerial advice in ordinary circumstances. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Read chapter notes · Similar questions
Show answer
Answer: (a) 1 only. Only statement 1 is correct, so the answer is (A) 1 only. Statement 1 is correct. Statement 2 is incorrect — it is an overstated or wrong claim. Correct position: The President ordinarily acts on the aid and advice of the Council of Ministers headed by the Prime Minister.