[Mission 2022] QUIZ – 2022: INSIGHTS STATIC QUIZ, 11 January 2022 – Polity

Solution: a)

• The President can examine the evidence afresh and take a view different from the view taken by the court.
• The President can afford relief not only from a sentence that he regards as unduly harsh but also from an evident mistake.
• Usually the Ministry of Home affairs deals with these issues, and the final decision is passed via the cabinet to the President.
• President isn’t bound to give reasons for his order. It is a humanitarian intervention.
• It is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.

Solution: d)

In his oath, the President swears:

• to faithfully execute the office;
• to preserve, protect and defend the Constitution and the law; and
• to devote himself to the service and well-being of the people of India.

The oath of office to the President is administered by the Chief Justice of India and in his absence, the seniormost judge of the Supreme Court available.

Any other person acting as President or discharging the functions of the President also undertakes the similar oath or affirmation.

Solution: b)

Article 77. Conduct of business of the Government of India.-

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President.

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall nor be called in question on the ground that it is not an order or instrument made or executed by the President.

(3) 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.

Solution: d)

The governor has constitutional discretion in the following cases:

• Reservation of a bill for the consideration of the President.
• Recommendation for the imposition of the President’s Rule in the state.
• While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
• Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
• Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

Solution: a)

• The governor is neither directly elected by the people nor indirectly elected by a specially constituted electoral college as is the case with the president.
• He is appointed by the president by warrant under his hand and seal. In a way, he is a nominee of the Central government. But, as held by the Supreme Court in 1979, the office of governor of a state is not an employment under the Central government.
• It is an independent constitutional office and is not under the control of or subordinate to the Central government.
• Further, a Governor whose term has expired may be reappointed in the same state or any other state.
• A governor can hold office beyond his term of five years until his successor assumes charge.
• The underlying idea is that there must be a governor in the state and there cannot be an interregnum.