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Question

According to the Constitution of India, which one of the following statements isnotcorrect?

This question was previously asked in
CDS I 2022 English Previous Year Paper (10-April-2022)
The correct answer is

The President of India is elected by an electoral college consisting of all Members of Parliament and all Members of all State Legislatures.

Understanding the President of India under the Constitution

This question asks us to identify the statement that is NOT correct regarding the President of India according to the Constitution of India. Let's examine each statement based on the provisions of the Indian Constitution.

Analyzing the Statements on the President of India

  1. The executive powers of the Union shall be vested in the President of India.

    This statement aligns with Article 53(1) of the Constitution, which states, "The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution." This statement is correct.

  2. Parliament, by law, can confer functions on authorities other than the President of India.

    Article 53(3)(b) of the Constitution states that nothing in Article 53 shall "prevent Parliament from conferring by law functions on authorities other than the President". This means Parliament has the power to assign executive functions to other authorities, not just the President. This statement is correct.

  3. The President of India is elected by an electoral college consisting of all Members of Parliament and all Members of all State Legislatures.

    Article 54 of the Constitution describes the electoral college for the election of the President. It consists of:

    • The elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
    • The elected members of the Legislative Assemblies of the States (Vidhan Sabhas).

    Crucially, this article does NOT include:

    • Nominated members of Parliament.
    • Members of the Legislative Councils of States (Vidhan Parishads).
    • Nominated members of State Legislative Assemblies.

    The statement says "all Members of Parliament" and "all Members of all State Legislatures". This phrasing is inaccurate because it includes nominated members of Parliament and members of State Legislative Councils, who are not part of the electoral college. Therefore, this statement is NOT correct.

  4. A person, having held office as the President, shall be eligible for election to that office for the second term.

    Article 57 of the Constitution explicitly deals with the eligibility for re-election. It states, "A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office." This statement is correct.

Identifying the Incorrect Statement

Based on the analysis above, the statement that is NOT correct according to the Constitution of India is the one describing the composition of the electoral college for the President's election. It incorrectly includes members who are not part of the constitutionally defined electoral college.

Summary of Statements vs. Constitution
Statement Constitutional Basis Correctness
Executive powers in President Article 53(1) Correct
Parliament can confer functions on others Article 53(3)(b) Correct
Election by all MPs and all State Legislators Article 54 Incorrect
Eligible for second term Article 57 Correct

Conclusion on President of India Election

The electoral college for the election of the President of India consists only of the elected members of both Houses of Parliament and the elected members of the State Legislative Assemblies. Including all members of Parliament and all members of State Legislatures is a common misconception but is not accurate as per Article 54 of the Constitution.

Revision Table: Key Articles on President of India

Constitutional Provisions for President
Article Subject Matter
Article 52 The President of India
Article 53 Executive power of the Union
Article 54 Election of President
Article 55 Manner of election of President
Article 56 Term of office of President
Article 57 Eligibility for re-election

Additional Information: Electoral College for President of India

The system used for the election of the President of India is Proportional Representation by means of the single transferable vote. The value of votes for MPs and MLAs is calculated based on the population of the states to ensure uniformity and parity. The President is elected indirectly by an electoral college rather than directly by the people.

Understanding the precise composition of the electoral college is crucial for questions related to the election of the President of India under the Constitution of India.

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Similar Questions

  1. Who among the following Prime Ministers of India was defeated by a vote of No Confidence?

    1. Morarji Desai

    2. Viswanath Pratap Singh

    3. H.D. Deve Gowda

    4. Atal Bihari Vajpayee

    Select the correct answer using the code given below:
  2. Which of the following statements relating to the powers of the President of India is/are correct?

    1. The executive power of the Union shall be vested in the President.

    2. The executive power shall be exercised by the President only through officers subordinate to him.

    3. The supreme command of the defense forces of the Union shall be vested in the President.

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  3. Which of the following statements relating to the office of the President of India are correct?

    1. The President has the power to grant pardon to a criminal in special cases.

    2. The President can promulgate ordinances even when the Parliament is in session.

    3. The President can dissolve the Rajya Sabha during the emergency.

    4. The President has the power to nominate two members in the Lok Sabha from the Anglo Indian community.

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  4. Which one of the following States does not have a Legislative Council?

  5. Rajya Sabha has exclusive jurisdiction in

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    3. It shares legislative powers equally with Lok Sabha in matters such as the creation of All India Services.

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  8. Consider the following statements about the President of India:

    1. The President has the right to address and send messages to the Council of Ministers to elicit specific information.

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Important Questions from Central Government

  1. Who appoints the Chief Election Commissioner of India?

  2. What is correct about the dismissal of Deputy Chairman of Rajya Sabha ?

    i. He can be dismissed by no-confidence motion

    ii. To introduce such resolution prior notice of 14 days is essential

    iii. Such resolution should be passed by absolute majority

    iv. Such resolution should be passed by a majority of the ten members of the house

  3. What is correct ?

    i. Finance Bill can be introduced in Lok Sabha only

    ii. Rajya Sabha can detain the Finance Bill

  4. If the Vice President removed from his office, what shall happened?

  5. Consider the following statements :

    1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.

    2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.

    3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.

    Which of the statements given above is/are correct?  

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