(Indian Polity) The President: Election, Qualifications & Executive Power of the Union

THE PRESIDENT

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Article 53 : Executive Power of the Union


  1. The executive power of the Union shall be vested in the president and shall be exercised by him either directly or through officers sub-ordinate to him in accordance with this constitution.
  2. Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of Union shall be vested in the president and the exercise thereof shall be regulated by law.

The President is the executive head of the India state. The India Constitution, under art. 53, vests the executive power of the Union in the President, who shall exercise the executive power directly or through officers subordinate to him in accordance with the Constitution. He is the supreme Commander of Armed Forces. He is the first citizen of India and occupies the first position under the warrant of precedence. (Warrant of precedence indicates the hierarchy of positions occupied by various dignitaries attending a State function). All the executive actions are taken in his name. The executive power vested in president is to be exercised on the advice of the Council of Ministers responsible to parliament, However, the 42nd Constitutional Amendment to the Constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers.

IMPORTANT ARTICLES RELATED TO THE PRESIDENT

Articles Provisions
Article 52 The President of India
Article 53 Executive power of the Union
Article 54 Election of President
Article 55 Manner of election of President
Article 56 Term of office of president
Article 57 Eligibility for re-election
Article 58 Qualifications for election as President
Article 59 Conditions of President's office
Article 60 Oath or affirmation by the president
Article 61 procedure for impeachment of the President
Article62      Time of holding election to fill vacancy in the office of president and the term of office of person elected to fill casual vacancy
Article  71 Matters related to , or connected with, the election of a president or Vice-President
Article  72 Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases

Election of the President


Electoral College: The President of India is elected by indirect election. He is elected by an electoral college in accordance with the system of proportional representation by means of single  transferable vote and secret ballot. The Electoral college consists of :

A. the elected members of both Houses or parliament;
B. the elected members of the Legislative Assemblies of the 'states' (Article 54).

Here as per the 70th constitutional (Amendment) Act, 1992,the expression 'states' includes the National Capital Territory of Delhi and union Territory of Puducherry too. Thus, the nominated members of both the Houses of Parliament, the nominated members of the State legislative Assemblies, all the member of the State council and the nominated member of the Legislative Assemblies of Delhi and Puducherry do not participate in the election on the president.

Qualifications for Election as President


  Article  58 lays down the qualifications which a person must possess for being elected to the office of the president  of India;

  1. He must be a citizen of India
  2. He must have completed the age of 35 year;
  3. He must be qualified for election as Member of the House of the People;
  4. He must not hold any office of profit under the Government of India or the  Government of any state or under any local or other authority subject to control of any of the said Governments.

The following persons shall not be deemed to hold any office of profit and hence qualified for being a candidate for Presidential election. The are:

A. The President and Vice-President;
B. The Governor of any State; and
C. The Minister of the Union or of any State.

Further, the nomination of a candidate for election to the office of president must be subscribed by at least 50 electors as proposes and 50 electors as seconders. Every candidate has to make a security deposit of Rs 15,000 in the RBI, which is liable to be forfeited in case the candidate fails to secure one-sixth of votes polles.

Eligibility for Re-election


A person who hold, or who has held office as president, shall be eligible for re-election as president, Shall be eligible for re election as president.

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