Indian Constitutional Powers Overview

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Questions and Answers

Which of the following statements about the pardoning power of the president is true?

The president can only grant a pardon in cases of federal offenses.

The governor's pardoning power is identical to that of the president.

The president cannot commute a death sentence.

The president's pardoning power includes the ability to alter the original court's verdict. (correct)

Under what conditions can the president grant a pardon?

When the convict shows remorse for their actions.

For offenses against Union Law or by military court sentences. (correct)

When there is significant public pressure to do so.

For any offense that has been tried in a state court.

What is the primary reason a president's ordinance can be questioned in court?

The ordinance addressed a non-controversial subject.

The ordinance was not approved by the Council of Ministers.

The ordinance was issued during a parliamentary session.

The president prorogued Parliament to avoid discussion on the ordinance. (correct)

How long can an ordinance potentially remain in effect without parliamentary approval?

Six months and six weeks. Signup and view all the answers

Which of the following is true regarding the ordinance-making power of the president?

An ordinance is limited to the subjects where Parliament has law-making authority. Signup and view all the answers

What type of subject matter can ordinances address?

Subjects that are within the legislative power of Parliament. Signup and view all the answers

Which of the following types of pardoning does NOT involve changing the nature of the sentence?

Remission Signup and view all the answers

Which statement correctly differentiates the pardoning powers of the president and the governor?

The president can pardon sentences from military courts, but the governor cannot. Signup and view all the answers

What is the primary purpose of the president's pardoning power?

To prevent judicial errors and provide relief from harsh sentences. Signup and view all the answers

Under what condition can the president promulgate an ordinance?

When both the Houses of Parliament are not in session. Signup and view all the answers

In what condition can the president withdraw an ordinance?

Only on the advice of the Council of Ministers. Signup and view all the answers

What happens to an ordinance if it is not approved by Parliament within six weeks of reassembly?

It ceases to operate. Signup and view all the answers

What is an example of commutation in the context of presidential pardoning power?

Reducing a death sentence to life imprisonment. Signup and view all the answers

Which statement accurately describes the validity of actions taken under an ordinance that lapses?

Actions taken remain valid even after the ordinance lapses. Signup and view all the answers

Which type of pardon involves the complete absolution of both conviction and punishment?

Pardon Signup and view all the answers

Can an ordinance incorporate retrospective provisions?

Yes, it can take effect from a back date. Signup and view all the answers

What is the maximum lifespan of an ordinance before it requires parliamentary approval?

6 months. Signup and view all the answers

What is the function of a reprieve in the context of the president's pardoning power?

To temporarily delay the execution of a sentence. Signup and view all the answers

What limitation exists regarding the validity of an ordinance during parliamentary sessions?

An ordinance can be valid if only one House is in session. Signup and view all the answers

What does the Supreme Court state regarding the president's satisfaction in issuing ordinances?

It can be questioned in court on the grounds of malafide. Signup and view all the answers

Which of the following is NOT a condition for the promulgation of an ordinance?

The president must have prior legislative approval. Signup and view all the answers

What happens if an ordinance is issued while both Houses of Parliament are in session?

The ordinance is considered void. Signup and view all the answers

How does the ordinance-making power of the president relate to the power of legislation by Parliament?

It is not a parallel power of legislation. Signup and view all the answers

What is the primary purpose of the ordinance-making power of the president?

To deal with unforeseen or urgent matters. Signup and view all the answers

Study Notes

Presidential Ordinance Power

The President can make ordinances when both houses of Parliament are not in session.
The President can issue ordinances on any subject Parliament can make laws, but within constitutional limitations.
Ordinances must be presented to Parliament when it resumes session, and are valid for a maximum of 6 weeks.
Parliament can approve, disapprove, or let the ordinance lapse.
Ordinances can be withdrawn by the President on the advice of the Council of Ministers.

Governor's Powers Regarding Bills

After a bill is passed by a state legislature, the Governor has four options:
- Give assent
- Withhold assent
- Return the bill for reconsideration
- Reserve the bill for the President's consideration
If the Governor reserves a bill, the President has three options:
- Give assent
- Withhold assent
- Return the bill for reconsideration

President's Pardoning Power

The President can pardon, commute, remit, respite, or reprieve sentences.
The President's pardoning power applies to offenses against Union laws, court-martial sentences, and death sentences.
The President does not act as a court of appeal but can correct judicial errors or provide relief from harsh sentences.

Governor's Pardoning Power

The Governor can pardon, commute, remit, respite, or reprieve sentences for offenses against state laws.
The Governor cannot pardon court-martial sentences or death sentences.

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Description

This quiz covers the significant powers of the President and Governor in India, including the ordinance power, bill considerations, and pardoning authority. Test your knowledge on how these powers function within the Indian constitutional framework.