UPSC Mains Law Paper Topic : Constitutional
Position of the President &
Relation with the
Council of Ministers
- The Green party routs to White party in a general election to
Parliament. The “Whites” do not get even a single parliamentary sent in the
nine states where they had the majority of seats in the State Assembly by
virtue of an election in the past. The President dissolves the assemblies of
these States on the advice rendered by the Green party’s Cabinet at the
Centre. The nine states challenge the action before the Supreme Court. Will
they succeed? (93/I/4b/30)
- Point out the contingencies under which the President may promulgate
Ordinances. Discuss the limitations on this power. (93/I/1a/20)
- Discuss the constitutional position of President of India. On the eve of
general elections to the Lok Sabha and just after the last session of
Parliament, the government sends an Ordinance to the President extending the
benefit of job reservations of Dalit Christians. The President returns the
Ordinance and asks the Cabinet to reconsider its advice. Is the action of
President sustainable under the Constitution? Discuss. (96/I/3b/30)
- “The question whether any and if so what advice was tendered by
Ministers to the President shall not be inquired into in any court” - Art.
74(2) of the Constitution. Examine the scope and ambit of the exclusion of
judicial review mandated by this provision in the background of decided
cases. (97/I/2b/30)
- ‘Repromulgation of ordinances without placing them before the
Legislative Assembly is a fraud on the Constitution.” Discuss with reference
to D.C. Wadhwa’s case. (98/I/1c/20)
- What are the discretionary powers of the President, if any? How much
discretion does he have in the appointment of the Prime Minister, dismissal
of the Government and dissolution of the Lok Sabha? Discuss. (99/I/2b/30)
- Schedule-III provides for an oath of Secrecy by a Minister. Can a Chief
Minister administer such an oath to a non-minister in order to facilitate
him with access to all government documents? Give reasons.(02/I/3b/30)
- Is the President of India a mere constitutional head? Is he bound to
accept the advice of the Council of Ministers? Discuss fully stating
constitutional provisions.(05/I/3b/30)
- “Collective responsibility is the very basis of the Parliamentary system
of government.” Do you agree with this statement? What has been the impact
of coalition politics on the doctrine of collective responsibility?
(06/I/2b/30)
- Write short note : Power of President of India to grant pardons,
repreives, etc. under Article 72 of the Constitution. (07/I/4c/20)
- Write short note: The distinction belween ‘Executive Power’ of the
President and his ‘Constitutional Power’. (08/I/4a/20)
- Duties of the Prime Minister regarding furnishing of information to the
President. (11/I/4b/15)
