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THE PRESIDENT OF INDIA


UNION EXECUTIVE

The President, the Vice-President, and the Council of Ministers with the Prime Minister as the head, consist the Union executive.

The President

Article 52 of the Indian Constitution says, there shall be a President of India who would be the Head of the Union Executive. He is the first citizen of India, and act as the symbol of Unity, Integrity and Solidarity of India.

Qualifications of the President of India:

  • He or She should be citizen of India.
  • He or She should have completed 35 yrs of age.
  • He or She should be qualified to contest election as a member of Lok Sabha ( House of the People)
  • He or She must not hold any office of profit under Government of India or State Government or any local authority under the control of above said government.

(Exception:Sitting President, Vice President, Governor of any State and  minister either of Union or State are qualified as a presidential candidate).

Term of Office of President of India:

  • The President holds office for a term of 5 years from the date on which he enters the office.
  • He or She may however resign anytime by addressing his resignation letter to the Vice President.

Election of the President of India:

President of India is elected by an electoral college through proportional representation by means of single transferable vote.The electoral college consists of:

  • Elected Members of the both houses of Parliament.
  • Elected members of legislative assemblies of states
  • The elected members of the legislative assemblies of the union territories of Delhi and Puducherry.

This implies that,following members are not allowed to vote in Presidential election

Lok Sabha Nominated Members
Rajya Sabha Nominated Members
Legislative Assemblies of State Nominated Members
Legislative Councils of States Elected + Nominated members
Legislative assembly of Delhi & Puducherry Nominated members

The value of vote of an M.L.A and M.P is such that, there shall be uniformity in the scale of representation of different states and Union at the election of the President.

  •  Value of vote of an M.L.A = Total Population of State or Total Number of elected members in the State Legislative Assembly.
  •  Value of vote of an M.P= Total value of votes of all MLAs of all states or Total number of elected members of Parliament.

For Example:-

Lok Sabha= 545 – 2 (nominated members)= 543

Rajya Sabha= 245- 12 (nominated members)= 233

Total= 776 M.P Participate in Presidential election.

In order to be declared elected to the office of President, one must secure a fixed quota of votes. The quota is calculated as follows:

Electoral Quota = (Total no. of Valid votes polled / 2) + 1

(Note:  All Doubts and Disputes in connection with the election of President are inquired into and decided by Supreme Court of India.Other Courts have no jurisdiction over the same).

The office of President shall remain Vacant:

Condition of Vacancy

Who shall act as President

1. On Expiry of his or her Term of Five Years Election must be conducted before the expiry of the term, if somehow election is delayed, the outgoing President continues to hold the office until his successor assumes the office.
2. By his or her Death Vice President assumes the office until a new President is elected.
3. By his or her Resignation Vice President assumes the office until a new President is elected.
4. On his or her Removal by impeachment Vice President assumes the office until a new President is elected.
5.Otherwise, for e.g he becomes disqualified to hold office. Vice President assumes the office until a new President is elected.
6. Illness or Absence from India Vice President assumes the office until President resumes his duties.

(Note:  In case the office of Vice President is Vacant, the Chief Justice of India or if his office is also vacant, the senior most judge of the Supreme Court available, shall act as the President of India).

Article of the Constitution, which is related to the President of India:

52. The President of India.

53. Executive power of the Union.

54. Election of President.

55. Manner of election of President.

56. Term of office of President.

57. Eligibility for re-election.

58. Qualifications for election as President.

59. Conditions of President’s office.

60. Oath or affirmation by the President.

61. Procedure for impeachment of the President.

62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.

70. Discharge of President’s functions in other contingencies.

71. Matters relating to, or connected with, the election of a President or Vice-President.

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.

73. Extent of executive power of the Union.

74. Council of Ministers to aid and advice President.

76. Attorney-General for India.

77. Conduct of business of the Government of India.

78. Duties of prime Minister as respects the furnishing of information to the President, etc.

86. Right of President to address and send message to Houses.

87. Special address by the President.

123. Power of President to promulgate Ordinances during recess of Parliament.

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2 responses to “THE PRESIDENT OF INDIA”

  1. ankit says :

    well written and very precise.. thanks a lot

    Like

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