Daily Quiz – 24th Apr 2024

Prime Minister of India

In India the President is the nominal executive authority (de jure executive) and Prime Minister is the real executive authority (de facto executive). In other words, the president is the head of the State while the Prime Minister is the head of the government.

The Prime Minister enjoys the following powers as head of the Union council of ministers:

He recommends persons who can be appointed as ministers by the president.

The President can appoint only those persons as ministers who are recommended by the Prime Minister.

1. He allocates and reshuffles various portfolios among the Ministers.
2. He can ask a minister to resign or advise the President to dismiss him in case of difference of opinion.
3. He presides over the meeting of the council of ministers and influences its decisions.
4. He guides, directs, controls, and coordinates the activities of all the ministers.
5. He can bring about the collapse of the council of ministers by resigning from office.

The Prime minister of India has full discretion in the choice of persons who are to serve as ministers in his cabinet. A person who is not a member of the Parliament can become the minister and he/she has to be the member of Parliament within six months. The resignation or death of an incumbent Prime Minister automatically dissolves the council of ministers and thereby generates a vacuum.

According to Article 75, The Prime minister shall be appointed by the president and the other Minister shall be appointed by the president on the advice of the Prime Minister.

Statement 1 is correct: Before entering upon his office, the President has to make and subscribe to an oath or affirmation. In his oath, the President swears:

1. To faithfully execute the office.
2. To preserve, protect and defend the Constitution and the law.
3. To devote himself to the service and wellbeing of the people of India.

The President of India shall make and subscribe before the Chief Justice of India or in his absence, the senior- most judge of the supreme Court an oath or affirmation. Any other person acting as President or discharging the functions of the President also undertakes the similar oath or affirmation.

Statement 2 is incorrect: The President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the Vice- President. Further, he can also be removed from the office before completion of his term by the process of impeachment. The President can hold office beyond his term of five years until his successor assumes charge. He is also eligible for re-election to that office. He may be elected for any number of terms. However, in the USA, a person cannot be elected to the office of the President more than twice.

Option A is incorrect: Collective Privileges are the privileges enjoyed by each House of Parliament collectively. They are:

• Right to publish its reports, debates and proceedings and also prohibit others from publishing the same. It can punish members as well as outsiders for breach of its privileges or its contempt.
• It has the right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member.
• It can institute inquiries and order the attendance of witnesses and send for relevant papers and records.
• It can make rules to regulate its own procedure and the conduct of its business and to arbitrate such matters.

Option B is incorrect: The courts are prohibited to inquire into the proceedings of a House or its committees.

Option C is incorrect: Press does not require prior permission of the House to publish true reports of parliamentary proceedings but it cannot do so in the case of a secret sitting of the House. The house can exclude strangers from secret sittings to discuss some important matters.

Option D is correct: No person (member/outsider) can be arrested, and no legal process (civil or criminal) can be served within the boundaries of the House without the permission of the Speaker/Chairman.

Option A is correct: The Constitution has declared the official languages of the state as Hindi or English, to be the languages for transacting business in the state legislature. However, the presiding officer can permit a member to address the House in his mother tongue.

Option B is correct: The position with respect to lapsing of bills on the dissolution of the

assembly is -

• A Bill pending in the assembly lapses whether originating in the assembly or transmitted to it by the council.
• Bill passed by the assembly but pending in the council lapses.
• A Bill pending in the council but not passed by the assembly does not lapse.
• A Bill passed by the assembly (in a unicameral state) or passed by both the houses (in a bicameral state) but pending assent of the governor or the President does not lapse.
• A Bill passed by the assembly (in a unicameral state) or passed by both the Houses (in a bicameral state) but returned by the president for reconsideration of House (s) does not lapse.

Option C is Incorrect: Within the next few days after the House is adjourned sine die, the Governor issues a notification for prorogation of the session. It is the action of discontinuing a session of a legislative assembly without dissolving it. Governors can also prorogue the House while in session.

Option D is correct: The deputy chairman vacates his office in any of the following three cases:

1. If he ceases to be a member of the council
2. If he resigns by writing to the Chairman
3. If he is removed by a resolution passed by a majority of all the then members of the council. Such a resolution can be moved only after giving 14 days advance notice.

Option A is incorrect: The value of vote of each MLA of a state is calculated based on the population of the state, total number of elected members in that state legislative assembly and this value is different for different states.

Option B is incorrect: The nomination by the Governor the Legislative Council is done from amongst the persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service. Nomination for Rajya Sabha does not include cooperative movement as a ground.

Option C is incorrect: The maximum and minimum strength of Legislative Assemblies in the States is fixed at 500 and 60 respectively. However, in certain states such as Arunachal Pradesh, Sikkim and Goa it is fixed at 30 and in case of Mizoram and Nagaland it is fixed at 40 and 46 respectively.

Option D is correct: Parliament can prescribe other qualifications for members of legislative assembly under Article 173 of the Constitution.