PART V (Article 52 to 151)
Article 52 to 78 deal
with the union executive.This includes the President,the Vice-President,the
Prime Minister,the Council of Ministers and the Attorney General of India.
THE PRESIDENT
Article 52 says that
"There shall be a President of India". It is the highest executive
authority.The Constitution vest with him all the executive powers of the
union.All executive actions are taken on his name.He is the head of the state
and represents the Republic of India.He is the first citizen of India.
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| THE UNION |
QUALIFICATIONS
- Should be a citizen of India.
- Should have completed the age of 35 years.
- Should be qualified for becoming a Member of the Lok
Sabha.
- Should not hold any office of profit under the Union
Government or any State Government or any local authority or any public
authority.However, a sitting President,Vice-President, the Governor 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.
ELECTION
Article 54 and 55 deal
with the election of the President,which says that 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
and Legislative Assemblies of states (nominated members of the house do
not participate in the election).
- The elected members of the Legislative Assemblies of
the Union Territories of Delhi and Punducherry (This provision was added
by the 70th Constitutional Amendment Act 1992 with effect from June 1,
1945).
The Presidential Election is held
through the system of proportional representation by means of single
transferable vote and voting is by secret ballot.The candidate who gets more
than 50% of vote is declared elected.
The Constitution
provides that there shall be uniformity in the scale of representation of
different states and union at the election of the President.To achieve this
states have different representation in the presidential election.
FORMULA
To secure uniformity
among the states value of vote of an MLA = State Population /Total number of
elected MLAs ✕ 1000
FORMULA To secure the
uniformity between all the states on one side and the Parliament on the other
side Value of vote of an MP= Total value of MLAs of all states/Total number of
elected Members of Parliament (both Lok Sabha and Rajya Sabha).
Security depsit ₹ 15000
only.
Only Supreme Court
enquires all disputes regarding presidential election.
President takes oath
administered by the Chief Justice of India and is his absence,the oath is
administered by the senior most Judge of the Supreme Court.
TERM OF OFFICE
According to Article
56,the President holds office for a term of 5 years from the date on which he
enters upon his office However, he can hold office beyond his term until his
successor assumes charges.
Article 57
There is no limit as to
how many times a person can become President.The President can resign from his
office at any time by addressing the resignation to the
Vice-President.Further,he can also by removed from the office,before the expiry
of his tenure, through a special procedure called Impeachment.
IMPEACHMENT
Under Article 61 of the
Constitution,the President can be impeached only on the grounds of violation of
the Constitution.The President of USA can be impeached on several other grounds
like, corruption etc.
The process may start
from any House of the Parliament, either in Lok Sabha or Rajya Sabha.
The charges are
contained in a notice which has to be signed by at least one-fourth of the
total members of that house.
Notice is sent to the
President before 14 days.
A resolution to impeach
the President has to be passed by a 2/3rd majority of the total members of that
house.It is then sent to the other house which investigates this through an
authorized counsel.If the second house also approves the charges by a 2/3rd majority,
the President is removed from the office.
VACANCY
In the case of vacant
seat for any reason. e.g., expiry of his tenure of five years
resignation,death,,removal by impeachment,then the Vice-President acts as the
President.If he is not available, the Chief Justice of India and if not,then
the seniormost Judge of Supreme Court.
If the office falls
vacant by any of the reason,then the election to fill the vacancy should by
held within six months from the date of such occurrence of vacancy.
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