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Thursday, December 28, 2017

Executive of the Union

  • Executive power of the Union is vested in the President, and is exercised by him / her either directly or through officers subordinates to President in accordance with the Constitution of India.
  • The President is also the Supreme commander of defence forces of the Indian Union.
  • The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any time, except when both Houses of Parliament are in session, makes recommendations for introducing financial and bills and gives assent to bills, grants pardons, reprieves, respites or remission of punishment or suspends, and remits or commutes sentences in certain cases.

The Election for President of India

The President of India is elected by an electoral college consisting of:

o    elected members of the two Houses of Parliament and Legislative Assemblies of the States - Article 54
o    It includes the national capital territory of Delhi and the Union territory of Pondicherry
o    The President’s election is held in accordance with a system of proportional representation by means of a single transferable vote
o    there shall be uniformity in the scale of representation of the different states at the election of the President - Article 55

Eligibility to be Presidential Candidate of India

Conditions as per Article 58

o    The candidate should be a Indian citizen.
o    Should have completed the age of thirty-five (35) years.
o    Should be qualified for election as a member of the Lok Sabha.
o    Should not hold any office of profit under the Union Government or any state government or any local or other authority

Condition as per Article 59
o    The President should not be a member of any house of Union or State legislature.

Presidents’ Term of Office

o    The oath of office to the President is administered by the Chief Justice of India and in his absence, by the senior most judge of the Supreme Court available.
o    An election should be held to fill the vacancy of Presidential post before the expiration of President’s term - Article 62(1)
o    The President holds office for a five year term from the date on which he enters the office.
o    President can resign at any time by addressing the resignation letter to the Vice-President of India.
o    When a vacancy occurs in the Presidents office due to his death, resignation or removal or otherwise, the Vice-president acts as the President until a new President is elected.
o    An election to fill such vacancy should be held within six months from the date of occurrence of such vacancy.
o    A person is eligible for re-election to Presidential office.

President's Impeachment

o    President may be impeached from his office for violation of the Constitution - Article 61
o    The impeachment charges may be initiated by either Lok Sabha or Rajya Sabha and it should be signed by at least 1/4th members.
o    Regarding the charges a 14 days’ notice should be given.
o    The resolution of the charges for impeachment of the President should be passed by at least 2/3rd majority
o    Afterwards the charges are investigated in the other House of the Parliament. If the resolution is passed in this House also with a of 2/3rd majority, then the President stands removed from his office from the date on which the bill is so passed.