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The Union Executive Questions and Answers

1.

Under constitutional jurisprudence in India, repeated re-promulgation of Ordinances without placing them before the Legislature was described by the Supreme Court as a "fraud on the Constitution" in which decision ?

Exam Year(s)

AIBE - 2026,

Answer: D

The decision is D.C. Wadhwa v. State of Bihar (1987).

Dr D.C. Wadhwa showed that Bihar had kept many ordinances alive for years by re-promulgating them, without ever placing them before the Legislature, some over a period of more than a decade. A Constitution Bench held that this practice was a fraud on the Constitution and a subversion of the democratic legislative process, and struck down the re-promulgated ordinance.

Krishna Kumar Singh (2017) is the trap: a seven-judge bench reaffirmed and extended the Wadhwa principle, but the phrase originated in Wadhwa. R.C. Cooper is the bank nationalisation case, and Shamsher Singh held that the President and Governors act on ministerial advice.

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2.

Consider the following statements :

A. According to the Indian Constitution, a person is not eligible for re-election to the office of the President.
B. The Supreme Command of the Defence Forces of the Union is vested in the President of India.

Choose the correct answer from the codes below :

Exam Year(s)

CBSE Assistant Secretary - 2024,

Answer: B

The answer is Only B is correct.

Statement A is wrong: Article 57 makes a person who holds or has held the office of President eligible for re-election, and Dr Rajendra Prasad was in fact elected twice.

Statement B is correct: Article 53(2) vests the supreme command of the Defence Forces of the Union in the President, its exercise to be regulated by law.

Under Article 56 the President holds office for five years, and the electoral college that chooses him is set out in Article 54.

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3.

Which of the following is not elected in accordance with the system of proportional representation by means of single transferable vote, according to the Indian Constitution ?

Exam Year(s)

CBSE Assistant Secretary - 2024,

Answer: D

The one not so elected is the Speaker of Lok Sabha.

Under Article 93, the Lok Sabha chooses its Speaker from among its own members by a simple majority vote of the House. No proportional representation is involved.

The other three are elected by proportional representation by means of the single transferable vote: the President by an electoral college of elected MPs and MLAs (Article 55), the Vice-President by members of both Houses of Parliament (Article 66), and the representatives of the states in the Rajya Sabha by the elected members of each state's Legislative Assembly (Article 80).

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