ELECTION OF PRESIDENT
The President is elected not directly by the people but by members of electoral college consisting of :
- The elected members of both the houses of Parliament
- The elected members of the legislative assemblies of the States
- The elected members of the legislative assemblies of the union Territories of Delhi and Puducherry.
Exception : 2 from Lok Sabha and 12 from Rajya Sabha who are nominated by president.
MANNER OF ELECTION OF PRESIDENT
Value of vote of an MLA =
(Total population of state / Total members of elected members in the state) x (1/1000)
Value of vote of an MP= (Total value of all MLAs of all States / Total members of elected members of Parliament)
Manner of Election of President :
Proportional representation by means of the single transferable vote and the voting is by secret ballot
Required more than 50% vote to be a winner. Election disputes are decided by Supreme Court.
QUALIFICATIONS FOR ELECTION OF PRESIDENT :Article 58
- He should be a citizen of India
- He should have completed 35 yrs of age
- He should be qualified for election as a member of the Lok Sabha
- He should not hold any office of profit under the union government or any state government or any local authority or any other public authority
A sitting president or vice president of the union, the governr of any State and a minister of the union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate.
OATH AND AFFIRMATION BY THE PRESIDENT
- To faithfully execute the office
- To preserve, protect and defend the constitution and the law and
- To devote himself to the service and well being of the people of the people of India.
The oath of office to the president as administered by the Chief Justice of India and in his absence the senior most Judge of the Supreme Court available
CONDITION OF PRESIDENT OFFICE
- He should not be a member of either house of Parliament.
- He should not hold any office of profit
- He is entitled without payment of rent, to the use of his official residence (Rastrapati Bhavan)
- He is entitled to such emoluments, allowances and privileges as may be determined by parliament
- He emoluments and allowance can’t be dismissed during his term of office.
TERMS OF PRESIDENT OFFICE
- Five years
- He can resign from his office at anytime by addressing the resignation letter to the vice president
- Can be removed by impeachment
- The president can hold office beyond his term of five years until his successor takes charge
- He is also eligible for re-election to that office
IMPEACHMENT OF PRESIDENT Article 61
- For violation of the constitution
- Initiated by either Lok Sabha or Rajya Sabha and signed by ¼ members of the house and 14 days notice should be given to president.
- Impeachment resolution should be passed by a majority by a majority of two thirds of the total membership of that house and sent to other house for the same process.
- An impeachment is a quasi judicial process in the parliament.
VACANCY IN THE PRESIDENT OFFICE
- On the expiry of his tenure of five years.
- By his removal by the process of impeachment
- By his death
- Otherwise, e.g. when he becomes disqualified to hold office or when his election is declared void.
- By his resignation
POWER AND FUNCTIONS OF THE PRESIDENT
- EXECUTIVE POWER OF PRESENT
- All executive actions are taken in his name.
- He appoint Prime Minister and other minister
- He appoint Attorney General of India
- He appoints the controller, auditor general of India, the Chief election commissioner and other election commissioners, the chairman and members of the Union Public Service Commission, the governors of States ,the chairman and members of finance commission and so on.
- EXECUTIVE POWER OF PRESIDENT
- He can seek information from Prime Minister
- He can appoint a commission to investigate into the conditions of SC, ST and OBC
- He can appoint an inter state work to make harmony between state and center and state to state to work together as dual government.
- He directly administers the union territory through administrator
- He can declares any area as scheduled area and has Powers with respect to the administration of scheduled area and tribal area.
- LEGISLATIVE POWER OF PRESIDENT
- He can summon or prorogue the Parliament and dissolve the Lok Sabha. He can address the Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the House of Parliament.
- He can address the Parliament and commencement of the first.
- He nomunates 12 members of the Rajya Sabha
- He can nominate two members to the Lok Sabha from Anglo Indian Community .
- History prior recommendation or permission is needed to introduce certain types of bills in the Parliament. E. g. Money bill etc.
- He can promulgate ordinances when the parliament is in session.
- FINANCIAL POWER OF PRESIDENT
- Money Bill can introduced in the parliament only with his priorities recommendation
- He causes to be laid before the parliament the annual financial statement. i. e. the Union Budget
- He can make advances out of the contingency fund of India to meet any unforeseen expenditure
- He constitutes a finance commission after five years
- JUDICUAL POWER OF PRESIDENT
- He appoints the Chief Justice and the Judges of Supreme Court and High Court.
- He can seek advice from the Supreme Court on any question of law (Article 143)
- He can grant pardon, reprive, respite and remission (Article 72)
- PARDONING POWER OF PRESENT
- Pardon :It removes both the sentence and the conviction
- Commutation : The substitution of one form of punishment for a lighter form
- Remission :Reducing the period of sentence without. For example a sentence of rigorous imprisonment for two years into one year.
- Respite :Awarding a lesser sentence in place of one originally awarded due to some special fact —– physical or the pregnancy
- Reprive : A stay of the executive of a sentence (especially that of death) for a temporary period.
- DIPLOMATIC POWER OF PRESIDENT
- The international treaties and agreements are negotiated and concluded on behalf of the President
- However they are subject to the approve of the parliament
- MILITARY POWER OF PRESIDENT
- He is the Supreme Commander of the defense forces of India In that capacity, he appoints the Chief of the Army, the Navy and the Air Force.
- He can declare war or conclude peace, subject to the approval of the parliament
- EMERGENCY POWER OF PRESIDENT
- National Emergency (Article 352)
- President Rule (Article 356,365)
- Financial Emergency (Article 360)
- VETO POWER OF PRESIDENT :Article 111
- He may give his assent to bill
- He may withold his assent to the bill. This is Absolute Veto.
- He may return the bill if it is not a Money Bill for reconsideration of the parliament. This is called Suspensive Veto.
- Pocket Veto : The president neither ratified nor returns the bill. But simply keeps the bill pending for an indefinite period.
- VETO POWER OF PRESIDENT IN STATE LEGISLATURE Article 201
- When a Bill reserved by the governor for the consideration of the President
- He may give his assent to the bill
- He may withold his assent to the bill
- He may return the bill for reconsideration of the state legislature.
- Pocket Veto: The President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period.
- ORDINANCE POWER OF PRESIDENT :ARTICLE 123
- To deal with unforeseen or urgent matters
- When both the Houses or either houses are not in session
- Approval within six weeks from parking
- Before six weeks by passing resolution disappointing it
- It cannot be issued to amend the constitution.