CUET UG Political Science: Indian Constitution - President and Prime Minister, Powers, Emergency Provisions

Must-Know (15–20 detailed bullets)

• Article 52 of the Indian Constitution states that there shall be a President of India.
• The President is elected by an electoral college consisting of elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States (Article 54).
• The value of votes of MLAs is calculated as (State population / 1000) / total number of elected MLAs in the Assembly (as per 1971 census until 2026, per 84th Amendment).
• The value of an MP’s vote is calculated as (Total value of all MLAs’ votes) / (Total number of elected MPs).
• The President holds office for a term of 5 years from the date of entering office (Article 56).
• The President can be removed by impeachment for violation of the Constitution under Article 61; initiated in either House of Parliament with 1/4th members’ notice and passed by 2/3rd majority of total membership.
• The Prime Minister is appointed by the President under Article 75(1), but must enjoy the confidence of the Lok Sabha.
• The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
• The President appoints the Prime Minister, Governors, Chief Justice and judges of Supreme Court and High Courts, CAG, and ECs (Article 77, 155, 124, 156, 148, 324).
• The President can return a non-money bill once for reconsideration (Article 111); if passed again, must give assent.
• The President has ordinance-making power under Article 123, exercisable when both Houses are not in session; ordinances must be approved within 6 weeks of reassembly.
• Article 352 allows the President to declare a National Emergency on grounds of war, external aggression, or armed rebellion (originally “internal disturbance”, changed by 44th Amendment).
• A National Emergency must be approved by both Houses of Parliament within one month by a special majority (2/3rd of members present and voting, and majority of total membership).
• During a National Emergency, the duration of Lok Sabha can be extended by one year at a time (Article 83(2)); maximum extension not defined, but requires parliamentary approval every year.
• Article 356 allows President’s Rule in a state on report of the Governor or otherwise if constitutional machinery fails; requires parliamentary approval within two months.
• President’s Rule under Article 356 can last initially for six months; can be extended up to three years with parliamentary approval every six months (after one year, only if election commission certifies delay).
• Article 360 enables Financial Emergency if the financial stability or credit of India is threatened; never declared so far.
• The President can seek advice from the Supreme Court under Article 143 (advisory jurisdiction).
• The Prime Minister chairs the Nuclear Command Authority and key bodies like NITI Aayog and Cabinet Committee on Security.
• The 42nd Amendment (1976) made the President bound by the advice of the Council of Ministers; 44th Amendment (1978) restored limited discretion in some cases (e.g. appointing PM when no party has majority).

Difficulty Level

Intermediate — Requires understanding of constitutional articles, procedural details, and distinctions between types of emergencies; some numerical values and timelines are memory-intensive.

Common CUET Traps (3 bullets)

• Trap: Believing the President can veto a money bill.
  Avoid: The President cannot return a money bill for reconsideration (Article 117); can only suggest changes, but must give assent within 14 days.

• Trap: Thinking President’s Rule can be imposed without parliamentary approval.
  Avoid: Article 356 requires approval by both Houses of Parliament within two months, otherwise it lapses.

• Trap: Assuming the Prime Minister is directly elected by the people.
  Avoid: The Prime Minister is appointed by the President but must be the leader of the majority party/coalition in the Lok Sabha.

Practice MCQs (5 questions)

Q1. Which Article empowers the President to proclaim a National Emergency on grounds of war, external aggression, or armed rebellion?
A) Article 356
B) Article 360
C) Article 352
D) Article 123

Answer: C
Explanation: Article 352 provides for the proclamation of a National Emergency on grounds of war, external aggression, or armed rebellion.
Why others fail: Article 356 is for President’s Rule in states, which students often confuse with national emergency.

Q2. Who among the following is responsible for the ordinance-making power of the President?
A) Article 74
B) Article 123
C) Article 213
D) Article 356

Answer: B
Explanation: Article 123 grants the President the power to promulgate ordinances when Parliament is not in session.
Why others fail: Article 213 is for Governor’s ordinance power in states, a common distractor.

Q3. The value of votes of elected MLAs in the presidential election is based on the population of the state as per which census?
A) 1981
B) 1991
C) 2001
D) 1971

Answer: D
Explanation: As per the 84th Constitutional Amendment Act, the population base for calculating vote value remains that of the 1971 census until 2026.
Why others fail: Students assume recent censuses are used, but the freeze is a key fact.

Q4. Which of the following emergencies has never been declared in India so far?
A) National Emergency under Article 352
B) President’s Rule under Article 356
C) Financial Emergency under Article 360
D) External Emergency under Article 354

Answer: C
Explanation: Financial Emergency under Article 360 has never been declared in India.
Why others fail: Students confuse it with National Emergency during wars, which have occurred.

Q5. Under which Amendment was the term "armed rebellion" substituted for "internal disturbance" in Article 352?
A) 42nd Amendment
B) 44th Amendment
C) 73rd Amendment
D) 74th Amendment

Answer: B
Explanation: The 44th Amendment Act (1978) replaced "internal disturbance" with "armed rebellion" to prevent misuse of emergency powers.
Why others fail: 42nd Amendment expanded emergency powers; students often reverse the two.

Last-Minute Revision (15–20 one-liners)

• President elected under Article 54; electoral college = elected MPs + elected MLAs.
• Value of MLA vote = (State pop / 1000) / no. of elected MLAs (1971 census, up to 2026).
• Value of MP vote = Total value of all MLAs / Total elected MPs.
• President’s term: 5 years (Article 56).
• Impeachment under Article 61: 1/4th members’ notice, 2/3rd majority in total membership.
• Prime Minister appointed under Article 75(1); Council of Ministers responsible to Lok Sabha (Article 75(3)).
• President can return non-money bill once (Article 111); money bill cannot be returned.
• Ordinance power: Article 123; must be approved within 6 weeks of reassembly.
• National Emergency: Article 352; approved within 1 month by special majority.
• 44th Amendment: "armed rebellion" replaced "internal disturbance".
• During National Emergency, Lok Sabha term extended by 1 year at a time (Article 83(2)).
• President’s Rule: Article 356; requires parliamentary approval within 2 months.
• Maximum duration of President’s Rule: 3 years (after 1 year, EC must certify delay).
• Financial Emergency: Article 360; never declared.
• 42nd Amendment: President bound by ministers’ advice; 44th Amendment: limited discretion retained.
• President can seek SC advice under Article 143.
• PM chairs Cabinet Committee on Security and Nuclear Command Authority.
• President appoints CAG, ECs, Governors, judges — all under specific Articles.
• Money bill: certified by Speaker; President cannot return it (Article 117).
• Verify from NCERT: exact number of times National Emergency declared (commonly said 3 times: 1962, 1971, 1975).