Previous Year Question
Which of the following is/are stated in the Constitution of India?
The President shall not be a member of either of the Houses of the Parliament.
The Parliament shall consist of the President and both Houses.
Select the correct answer from the codes given below.
Code:
Both 1 and 2
Only 2
Neither 1 nor 2
Only 1
Correct Answer: A
Detailed Solution
Articles 59 and 79 of the Indian Constitution contain provisions relating to the parliamentary membership of the President and the composition of Parliament.
Statement 1 is correct.
According to Article 59(1) of the Constitution, the President shall not be a member of either House of Parliament or of a House of the Legislature of any State.
If a member of Parliament or a State Legislature is elected President, their seat in the respective House is deemed to have become vacant on the date they enter upon the office of President.
This means that a Member of Parliament may contest the presidential election, but cannot retain parliamentary membership after assuming the office of President.
According to Article 59(2), the President shall not hold any other office of profit.
Statement 2 is correct.
According to Article 79 of the Constitution, there shall be a Parliament for the Union consisting of the President and two Houses, known respectively as the Council of States and the House of the People.
Thus, the Indian Parliament has three constitutional components—the President, Rajya Sabha and Lok Sabha.
Although the President is a constitutional component of Parliament, the President is not a member of the Lok Sabha or Rajya Sabha.
The President's parliamentary role also extends to the legislative process. According to Article 111, a Bill passed by Parliament is presented to the President for assent.
The President may return a Bill other than a Money Bill to Parliament for reconsideration. If Parliament passes the Bill again and presents it to the President, the President cannot withhold assent.
Important distinction for examinations: The President is a constituent part of Parliament but is not a member of either House. Therefore, the provisions of Articles 59(1) and 79 do not contradict each other.