Polity Class 26

FINANCIAL BILL 

• Financial Bill category I 
• It contains not only any or all matters mentioned in Article 110 but also other matters of general legislation
• Financial Bill is similar to a money Bill in the following aspects
• a) It can be introduced only in Lok Sabha but not in Rajya Sabha
• b) Both of them can be introduced only on the basis of the recommendation of the president. 
• In all other matters, it is governed by the same legislative procedures applicable to an ordinary Bill. It means that it can be either rejected or amended by Rajya Sabha. In the case of disagreement, the President can call for a Joint session.  
• After the Bill is passed by both houses of parliament, the president can either give his approval, he can return the Bill to the parliament for reconsideration or can withhold his consent.   
• Financial Bill Category II 
• It contains provisions involving expenditure from the consolidated fund of India but does not include any of the matters mentioned in Article 110. 
• It is treated as an ordinary Bill. It follows the same legislative procedure
• It is different from an ordinary Bill in that it can only be introduced in either house of the parliament and the recommendation of the president is not necessary for its introduction but his recommendation is necessary for its consideration. 

PRESIDENT OF INDIA 

• Why should we have the President/ Need for the office of the president?
• We need the office of the president to ensure constitutionalism.
• To ensure that there are limited government, checks & balances over the functioning of parliament, and the absence of an authoritarian government. 
• To ensure Essential separation of power.
• The judiciary role is only post-mortem, so President can act as custodian of constitutionalism. 
• President has discretionary powers such as selecting the PM when there is no clear majority (Hung Lok Sabha), He can dismiss the PM once the CoM loses the confidence of the Lok Sabha.
• Articles related to President 
• Article 74 of the Indian constitution
• There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice. 
• Article 75 of the Indian constitution 
• The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister
• The Minister shall hold office at the pleasure of the President.
• The Council of Ministers shall be collectively responsible to the House of the People.
• Veto powers of the President 
• Absolute Veto-
• The president can reject the Bill or withdraw his assent in the case of Private member Bills. 
• The president can reject the Bill or withdraw his assent for the Bills reserved by the state's governor for the president's approval. 
• Suspensive Veto
• It became the presidential power after the 44th CAA. 
• In the 42nd CAA, the powers of the President were drastically reduced. Before the 42nd CAA, the president MAY abide by the advice of the CoM [* MAY means the President may not give the assent].
• Through the 42nd CAA, the MAY word was replaced with SHALL. The discretionary powers of the President were taken away. 
• In 1977, the Janta party came to power, and the 44th CAA was introduced. The president can send back the Bill for reconsideration to the Parliament. If the Bill is passed again with or without any modification the president SHALL give his assent. 
• Pocket veto 
• There is no time limit for the President of India to pass the Bills. 
• Why there was no time limit?
• President of India is the highest constitutional dignitary and no one is above the president, so the time limit was not prescribed for giving assent to the Bills. 
• President of India can discuss the contents of the Bill, he can take the advice of the experts, and this act as checks and balances. 
• Article 77 of the Indian constitution 
• All executive action of the Government of India shall be taken in the President's name. 
• 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. 

ROLE OF THE PRESIDENT OF INDIA IN HOLDING CONSTITUTIONALISM

• Dr. Rajendra Prasad 
• Dr Rajendra Prasad became President amongst the differences between J L Nehru and Sardar Patel.  
• Dr Rajendra Prasad wanted to know the exact powers of the president of India. In a reply given by the Attorney General of India, it was stated that President's post is similar to the British Queen except that India is a republic. 
• Dr Rajendra Prasad holds reservations against the Hindu Code Bill. President asked why the Bill is introduced only to reform the Hindu society and why there is no Uniform civil code. Finally, the Bill was passed.  
• Used pocket Veto in case of PEPSU Bill. 
• Dr Sarvapalli Radhakrishnan (1962-67)
• He is also known as Philosopher's president. 
• India was defeated in the Indo-china war. A committee was constituted to look at lapses during the war headed by Henderson Brooks.
• Dr Radhakrishnan wanted a copy of the committee. His argument was that President is the supreme commander of the armed forces and thus it is the duty of the Government to submit the report to the President.  
• He wanted the resignation of the Defense minister after the Indo-china war as Accountability is the essence of constitutional governance. President wanted to use Article 75 and withdraw the pleasure from the Individual minister (Creating a constitutional crisis). 
• In 1967- Elections occurred for the President's seat, Opposition party came to power. Opposition selected the Subbarao as their candidate. He was famous for Golaknath Judgment. Congress party nominated Zakir Hussain. 
• Zakir Hussain won the election. But he died in office (1969). 
• 1969- Elections again happened as the former president died in office (Zakir Hussain)
• By this time Congress was divided into two factions- Congress (O) and Congress (R). 
• For the first time, the Electoral College of the President became important. 

ELECTION OF PRESIDENT 

• Proportional representation system by single transferrable vote (PRS/ STV)
• Here one needs to get more than 50% of the votes polled to win the election. 
• Electoral College of the President
• a) Elected members of the Parliament 
• b) Elected members of the state legislative assemblies 
• c) Elected members of the UTs with the legislature
• In PRS STV methods, a candidate has to give his/ her preferences 
• Then the votes are counted and if one candidate got more than 50% then he/she will win. 
• In case no one got more than 50%, then the candidate with the least percentage of votes polled will be eliminated. The candidate's second preference will be counted and the votes will be transferred to the other candidates. 
• Again the votes will be counted and if one candidate got more than 50% then he/ she will win. 
• During the 1969 election, in the first round of counting no one got the majority of votes. In the second round, V V Giri won the election. 
• During the election of the President, the party office can not issue a whip. This provision of the constitution was used by Indira Gandhi as she asked all the members to use their conscience in the voting. 

• V. V. Giri (1969-74)
• Abolition of Privy purses- Bill was rejected then the ordinance was promulgated under Article 123 of the constitution. [* Indira Gandhi's argument was that privy purses are against the spirit of socialism]. 
• [* Maximum amount of life of the ordinance is Six months six weeks and these can be introduced only when one or both the houses are not in session]
• This ordinance was given approval by V V Giri as by this time Politicization of office started. 
• The ordinance for the Nationalization of PSBs was also given approval. 
• The ordinance for Private trade in food grains was also given approval. 
• The era of politicization of the president began + the Parliamentary form of government + Ordinance raj started. 
• Fakhruddin Ali Ahmad (1974-1977)
• Two presidents died in office- Zakir Hussain and Fakhruddin Ali Ahmad
• 1974- Indira Gandhi's government also was facing many challenges. A railway strike was going on which crippled the economy. J P Narayanan started the Anti-Corruption movement. Because of this Anti-corruption movement, the Gujarat government lost power.  
• 12th June 1975- Allabhad HC gave a judgment that disqualified Indira Gandhi.
• 25th June 1975- Declaration of National Emergency. The decision was not taken without the consultation of the cabinet ministers. 
• The role of the President was questioned 
• President did not verify whether the decision to impose an emergency has the approval of CoM. 
• The president must check that there are inherent checks and balances- The president failed to ensure this. 
• The role of the President was questioned as the President did not verify the approval of the cabinet. The term 'Rubber Stamp' became popular. 
• This started the Prime ministerial form of government and the Politicization of the office of the President started. 

• Why Rubber Stamp? / Politicization of the office of the President
• President Fakruddin Ali Ahmad did not apply his mind during the imposition of the Emergency. 
• 39th CAA- office of president, PM, and Speaker was beyond judicial review. It was also kept in the IXth schedule.
• 42nd CAA- Article 74- The word 'may' was replaced by 'Shall'- for giving Assent. It took the independence of the office of the president.
• President not following the conventions when the seat of the PM was vacant after the death of PM Indira Gandhi.
• President of India showing dedication towards the PM.
• Neelam Sanjeev Reddy (1977-1982)
• 1979- Janta party lost power. Split in Janta party. Charan Singh became PM with the support of Congress. Charan Singh was given one month's time to prove the majority. 
• Within 25 days congress party withdrew support. Charan Singh was dismissed by the president as he refused to resign after losing the confidence of the house. [* Discretionary power of the president] [* Charan Singh was the only PM who did not see the parliament once]
• There is no scope for presidential rules at the centre.
• 1980- Indira Gandhi returned to power. 
• Article 356 was used to dismiss the state governments in 5 states- President did not use discretionary powers [* Evidence of politicization]
• Giani Zail Singh (1982-1987)
• Indira Gandhi envisaged the idea of a Committed president. 
• 1984- Indira Gandhi was assassinated by a Sikh bodyguard for "Operation Bluestar"
• Convention was- Parliamentary party in LS must meet and select the PM, till then the seniormost member used to be PM [* Example- Gulzari Lal Nanda became PM after Nehru's death, and after Lal Bahadur Shastri's death]
• After Indira Gandhi's death President invited Rajeev Gandhi to become the PM. 
• 1984- Anti-Sikh riots happened in Delhi. 
• Giani Zail Singh requested the PM to take action. The inaction by the PM led to the deterioration of relations between the PM and PoI. 
• 1985-Elections held to LS and Rajiv Gandhi returned back to power with Absolute Majority. 
• 1985-87= serious conflict between the PM and President of India. 
• Question- Discuss the Veto powers of the President of India with relevant examples. (10 marks/ 150 words)

The topic for the next class:- Events after 1987 in the history of the office of the President. 

Here are 40 multiple-choice questions based on the class notes you provided:

1. Which category of Financial Bill contains provisions involving expenditure from the consolidated fund of India?

   a) Category I

   b) Category II

   c) Both

   d) None

Answer: b) Category II

2. In which house of Parliament can a Financial Bill Category II be introduced?

   a) Lok Sabha

   b) Rajya Sabha

   c) Either house

   d) None

Answer: c) Either house

3. The President of India has discretionary powers to select the Prime Minister in which scenario?

   a) When there is no clear majority in the Lok Sabha

   b) When there is no clear majority in the Rajya Sabha

   c) When there is a hung Parliament

   d) None of the above

Answer: a) When there is no clear majority in the Lok Sabha

4. Which article of the Indian constitution deals with the Council of Ministers and the Prime Minister?

   a) Article 74

   b) Article 75

   c) Article 76

   d) Article 77

Answer: a) Article 74

5. What kind of veto power does the President have when rejecting a Bill passed by both houses of Parliament?

   a) Absolute veto

   b) Suspensive veto

   c) Pocket veto

   d) None

Answer: a) Absolute veto

6. When did the powers of the President change from "may" to "shall" in terms of giving assent to Bills?

   a) 42nd Constitutional Amendment Act

   b) 44th Constitutional Amendment Act

   c) 45th Constitutional Amendment Act

   d) 46th Constitutional Amendment Act

Answer: a) 42nd Constitutional Amendment Act

7. Why is there no time limit for the President to pass Bills?

   a) President is the highest constitutional dignitary

   b) President can discuss the contents of the Bill

   c) President can seek advice from experts

   d) All of the above

Answer: d) All of the above

8. Which article of the Indian constitution states that all executive actions of the Government of India shall be taken in the President's name?

   a) Article 74

   b) Article 75

   c) Article 76

   d) Article 77

Answer: d) Article 77

9. Who became President of India amidst differences between J.L. Nehru and Sardar Patel?

   a) Dr. Rajendra Prasad

   b) Dr. Sarvepalli Radhakrishnan

   c) Fakhruddin Ali Ahmad

   d) Giani Zail Singh

Answer: a) Dr. Rajendra Prasad

10. What role did Dr. Rajendra Prasad play in the Hindu Code Bill?

    a) Supported the Bill

    b) Opposed the Bill

    c) Suggested amendments to the Bill

    d) None of the above

Answer: b) Opposed the Bill

11. Who is known as the "Philosopher's President"?

    a) Dr. Rajendra Prasad

    b) Dr. Sarvepalli Radhakrishnan

    c) V.V. Giri

    d) Fakhruddin Ali Ahmad

Answer: b) Dr. Sarvepalli Radhakrishnan

12. Who wanted a copy of the Henderson Brooks report on the Indo-China war?

    a) Dr. Rajendra Prasad

    b) Dr. Sarvepalli Radhakrishnan

    c) V.V. Giri

   

 d) Fakhruddin Ali Ahmad

Answer: b) Dr. Sarvepalli Radhakrishnan

13. Who won the presidential election in 1969 after Zakir Hussain's death?

    a) Dr. Rajendra Prasad

    b) Dr. Sarvepalli Radhakrishnan

    c) V.V. Giri

    d) Fakhruddin Ali Ahmad

Answer: c) V.V. Giri

14. How is the President of India elected?

    a) Proportional representation system by single transferrable vote

    b) Direct popular vote

    c) Indirect vote by Members of Parliament

    d) None of the above

Answer: a) Proportional representation system by single transferrable vote

15. Who can vote in the election of the President of India?

    a) Elected members of Parliament

    b) Elected members of state legislative assemblies

    c) Elected members of UTs with the legislature

    d) All of the above

Answer: d) All of the above

16. What happens if no candidate receives more than 50% of the votes in the presidential election?

    a) The candidate with the least percentage of votes is eliminated

    b) The candidate with the most votes is declared the winner

    c) The election is held again

    d) None of the above

Answer: a) The candidate with the least percentage of votes is eliminated

17. During the 1969 presidential election, who won in the second round of counting?

    a) Dr. Rajendra Prasad

    b) Dr. Sarvepalli Radhakrishnan

    c) V.V. Giri

    d) Fakhruddin Ali Ahmad

Answer: c) V.V. Giri

18. Can a political party issue a whip to its members during the election of the President?

    a) Yes, always

    b) No, never

    c) Yes, except in certain circumstances

    d) None of the above

Answer: b) No, never

19. Which President approved the abolition of privy purses?

    a) V.V. Giri

    b) Fakhruddin Ali Ahmad

    c) Neelam Sanjeev Reddy

    d) Giani Zail Singh

Answer: a) V.V. Giri

20. Who approved the ordinance for the nationalization of PSBs?

    a) V.V. Giri

    b) Fakhruddin Ali Ahmad

    c) Neelam Sanjeev Reddy

    d) Giani Zail Singh

Answer: a) V.V. Giri

21. Which President used the ordinance power extensively and started the era of politicization of the President's office?

    a) V.V. Giri

    b) Fakhruddin Ali Ahmad

    c) Neelam Sanjeev Reddy

    d) Giani Zail Singh

Answer: b) Fakhruddin Ali Ahmad

22. Who dismissed Charan Singh as Prime Minister after he refused to resign?

    a) V.V. Giri

    b) Fakhruddin Ali Ahmad

    c) Neelam Sanjeev Reddy

    d) Giani Zail Singh

Answer: c) Neelam Sanjeev Reddy

23. Which President invited Rajiv Gandhi to become the Prime Minister after Indira Gandhi's death?

    a) V.V. Giri

    b) Fakhruddin Ali Ahmad

    c) Neelam Sanjeev

 Reddy

    d) Giani Zail Singh

Answer: d) Giani Zail Singh

24. Which President had a conflict with Prime Minister Rajiv Gandhi?

    a) V.V. Giri

    b) Fakhruddin Ali Ahmad

    c) Neelam Sanjeev Reddy

    d) Giani Zail Singh

Answer: d) Giani Zail Singh

25. Who was the first female President of India?

    a) Pratibha Patil

    b) Indira Gandhi

    c) Sonia Gandhi

    d) Mamata Banerjee

Answer: a) Pratibha Patil

26. Who is the current President of India as of 2023?

    a) Ram Nath Kovind

    b) Pranab Mukherjee

    c) Narendra Modi

    d) Venkaiah Naidu

Answer: a) Ram Nath Kovind

27. What is the term of office for the President of India?

    a) 5 years

    b) 4 years

    c) 6 years

    d) 7 years

Answer: c) 5 years

28. Who administers the oath of office to the President of India?

    a) Chief Justice of India

    b) Prime Minister

    c) Speaker of Lok Sabha

    d) Vice President

Answer: a) Chief Justice of India

29. Can the President of India be impeached?

    a) Yes, by a two-thirds majority in both houses of Parliament

    b) No, the President cannot be impeached

    c) Yes, by a majority vote in the Lok Sabha

    d) Yes, by a majority vote in the Rajya Sabha

Answer: a) Yes, by a two-thirds majority in both houses of Parliament

30. Who exercises the executive power of the President of India in his/her absence?

    a) Prime Minister

    b) Vice President

    c) Chief Justice of India

    d) Speaker of Lok Sabha

Answer: b) Vice President

31. What is the eligibility criteria to be elected as President of India?

    a) Must be a citizen of India

    b) Must have completed 35 years of age

    c) Must be qualified for election as a member of the Lok Sabha

    d) All of the above

Answer: d) All of the above

32. What is the order of precedence in the Indian order of precedence?

    a) President, Vice President, Prime Minister

    b) President, Prime Minister, Vice President

    c) Prime Minister, President, Vice President

    d) Prime Minister, Vice President, President

Answer: a) President, Vice President, Prime Minister

33. What is the official residence of the President of India?

    a) Rashtrapati Bhavan

    b) 7, Lok Kalyan Marg

    c) Vice President House

    d) Rashtrapati Nilayam

Answer: a) Rashtrapati Bhavan

34. Who was the President of India during the Emergency period from 1975 to 1977?

    a) V.V. Giri

    b) Fakhruddin Ali Ahmad

    c) Neelam Sanjeev Reddy

    d) Giani Zail Singh

Answer: b) Fakhruddin Ali Ahmad

35. Which President of India was a renowned scientist and known as the "Missile Man of India"?

    a) Pratibha Patil

    b) A.P.J. Abdul Kalam

    c) R. Venkataraman

    d) Zakir Hussain

Answer: b) A.P.J. Abdul Kalam

36. Who was the first President of India to be elected unopposed?

    a) Rajendra Prasad

    b) Zakir Hussain

    c) Neelam Sanjeev Reddy

    d) Giani Zail Singh

Answer: c) Neelam Sanjeev Reddy

37. Which President of India served as the Vice President before being elected as the President?

    a) Zakir Hussain

    b) Pratibha Patil

    c) Shankar Dayal Sharma

    d) Ram Nath Kovind

Answer: a) Zakir Hussain

38. Which President of India resigned from office before completing the term?

    a) Pranab Mukherjee

    b) Neelam Sanjeev Reddy

    c) Shankar Dayal Sharma

    d) A.P.J. Abdul Kalam

Answer: b) Neelam Sanjeev Reddy

39. Which President of India was a renowned lawyer and served as the Governor of West Bengal before becoming the President?

    a) Pranab Mukherjee

    b) Pratibha Patil

    c) K.R. Narayanan

    d) R. Venkataraman

Answer: a) Pranab Mukherjee

40. Who was the President of India during the Golden Jubilee celebrations of India's Independence?

    a) R. Venkataraman

    b) Shankar Dayal Sharma

    c) K.R. Narayanan

    d) Pratibha Patil

Answer: d) Pratibha Patil