UPSC CSE Prelims
President Previous Year Questions (PYQs)

Detailed Explanation:

✅ Statement I is Correct: An Ordinance has the same force and effect as an Act of Parliament. Therefore, it can amend, repeal, or modify any Central Act, subject to constitutional limits.

❌ Statement II is Incorrect: An Ordinance cannot abridge or take away Fundamental Rights. Article 13(2) prohibits the State from making any law that violates Fundamental Rights.

✅ Statement III is Correct: An Ordinance can be given retrospective effect (back date), just like a law passed by Parliament.

Therefore, Statements I and III are correct.

📝 Short Notes: Ordinance

Key Fact:
The Supreme Court has held that Ordinance-making power is a legislative power, but it is subject to judicial review.

Detailed Explanation:

The President's pardoning power (Article 72) is not absolute. The Supreme Court can review its exercise in limited situations such as mala fide intent, arbitrariness, or consideration of irrelevant facts.

However, the President cannot exercise this power independently. Under Article 74, the President acts on the aid and advice of the Council of Ministers.

Why the statements are correct/incorrect:

📝 Short Notes: Pardoning Power of the President

Key Fact:
The President can grant pardon in cases involving court-martial, Union laws, and death sentences.

Detailed Explanation:

Answer: Option 1 — Only one

Out of the four statements regarding the election of the President of India, only Statement 4 is correct. Statement 1 is incorrect because nominated members are not part of the electoral college. Statement 2 is incorrect because a higher number of assembly seats actually reduces the value of each MLA's vote (as it is in the denominator). Statement 3 is incorrect because Kerala MLAs have a higher vote value (152) than Madhya Pradesh MLAs (131).

❌ Statement 1 – Incorrect: The electoral college for Presidential election consists only of elected members of Parliament and State Legislative Assemblies; nominated members are not eligible to vote.

❌ Statement 2 – Incorrect: The value of an MLA's vote = (Population of State ÷ Number of elected MLAs) ÷ 1000. A higher number of elective seats in the denominator actually decreases the vote value, not increases it.

❌ Statement 3 – Incorrect: Based on 1971 Census, the vote value of each MLA of Madhya Pradesh is 131, while that of Kerala is 152. Therefore, Kerala MLAs have higher vote value than Madhya Pradesh MLAs.

✅ Statement 4 – Correct: The vote value of each MLA of Puducherry (16) is indeed higher than that of Arunachal Pradesh (8) because Puducherry has a greater ratio of population to elected seats.

📝 Short Notes: Presidential Election - Electoral College

• Composition of Electoral College (Article 54): Elected members of Lok Sabha, Rajya Sabha, and State Legislative Assemblies (including NCT of Delhi and Puducherry). Nominated members and members of Legislative Councils are excluded.
• Value of MLA's Vote: Formula = (Total Population of State as per 1971 Census ÷ Total number of elected MLAs) ÷ 1000
• Value of MP's Vote: Formula = (Total value of votes of all MLAs of all States ÷ Total number of elected MPs in both Houses)
• Nature of Election: Indirect election through proportional representation by means of single transferable vote
• Key Exclusions: Nominated MPs and MLAs, MLCs, and currently J&K Union Territory

Detailed Explanation:

Answer: Option 4 — None

All three statements are incorrect. Statement 1 wrongly suggests that acts done by the President whose election is declared void become invalid—they remain valid. Statement 2 incorrectly claims that dissolution of Legislative Assemblies can postpone Presidential elections—the Supreme Court has ruled otherwise. Statement 3 falsely asserts that the Constitution prescribes time limits for Presidential assent—no such time limit exists.

❌ Statement 1 – Incorrect: Article 71(2) specifically provides that if the election of a person as President is declared void by the Supreme Court, acts done by him/her before the date of such declaration are not invalidated and continue to remain in force.

❌ Statement 2 – Incorrect: The Supreme Court in 1974 held that the dissolution of a state legislative assembly would not be a ground for preventing the holding of the Presidential election on the expiry of the President's term, nor can it be grounds for postponement until state assembly elections are held.

❌ Statement 3 – Incorrect: The Constitution of India does not prescribe any time limit within which the President has to decide concerning a bill presented for his/her assent. The President can keep bills pending indefinitely (pocket veto).

📝 Short Notes: Presidential Powers and Elections

Detailed Explanation:

Answer: Option 3 — 1 only

The value of the vote of each MLA varies from State to State because it is calculated based on the population of the state divided by the number of elected MLAs in that state. However, all MPs (both Lok Sabha and Rajya Sabha) have equal voting value in Presidential elections, making Statement 2 incorrect.

✅ Statement 1 – Correct: The value of an MLA's vote is calculated as (Population of State ÷ Number of MLAs ÷ 1000), which varies across states based on population and assembly strength.

❌ Statement 2 – Incorrect: All MPs have equal voting value in Presidential elections; the value is the same for both Lok Sabha and Rajya Sabha members.

📝 Short Notes: Election of the President of India

Detailed Explanation:

❌ Statement 1 – Incorrect: The executive power of the Union is vested in the President of India under Article 53, not in the Prime Minister. The President exercises this power on the advice of the Council of Ministers headed by the Prime Minister.

❌ Statement 2 – Incorrect: There is no constitutional position called the Civil Services Board at the Union level, and the Prime Minister is not its ex officio Chairman. The Cabinet Secretary is the administrative head of the civil services.

Detailed Explanation:

✅ Statement 1 – Correct: Article 77(3) empowers the President to make rules for transaction of Government business and allocation among Ministers. These are known as the Government of India (Transaction of Business) Rules, 1961.

❌ Statement 2 – Incorrect: Article 77(1) states all executive actions of the Government of India shall be expressed to be taken in the name of the President, not the Prime Minister. The Prime Minister heads the Council of Ministers but executive authority is formally vested in the President.

Detailed Explanation:

✅ Statement 1 – Correct: Article 281 mandates the President to lay the Finance Commission's recommendations before Parliament along with an explanatory memorandum.

❌ Statement 2 – Incorrect: The Public Accounts Committee (PAC) is a Parliamentary Committee that examines CAG reports and presents its own report to Parliament; the President does not lay PAC reports.

✅ Statement 3 – Correct: Article 151 requires the President to cause the CAG's reports relating to Union accounts to be laid before each House of Parliament.

✅ Statement 4 – Correct: Article 338(5) requires the President to lay the annual report of the National Commission for Scheduled Castes before Parliament with an action taken memorandum.