The President

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The President : : President Powers in India | President Emergency Powers | President Impeachment

  • Executive Head of the State. First citizen of India.
  • The Executive powers vested in the President are to be exercised on the advice of the Council of Ministers responsible to the Parliament.
  • The 42nd Amendment to the Constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers.
  • President Qualifications to the following :
    • Must be a citizen of India.
    • Completed 35 years in age.
    • Eligible to be a member of Lok Sabha.
    • Must not hold any Government post.
  • Exceptions to the following :
    • President and Vice – President
    • Governor of any State
    • Minister of Union or State.

President Election

  • Article 54 and 55 lay down the procedure for electing the President.
  • Indirectly elected through ‘Electoral College’ consisting of elected members of both the Houses of Parliament & elected members of the Legislative Assemblies of the States.
  • ( No nominated members ). According to the 70th Amendment Act, 1992, the expression ‘States’ includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.
  • Members of the Legislative Councils have no right to vote in the Presidential election.
  • The total voting strength of the Parliament is equal to the total voting strength of all state assemblies together.
  • There is uniformity in the representation of different States at the President’s election according to the population and the total number of elected members of the Legislative Assembly of each State.
  • The formula adopted to secure uniformity among the States is as follows:
    • Value of Vote of an MLA = State Population / ( 1000 Total number of elected MLAs )
    • On the basis of the above formula, the value of the vote of an MLA from UP has the highest value and that from Sikkim the lowest.
  • The formula adopted to secure uniformity between all the States on one hand and the Parliament on the other is as follows :
    • Value of Vote of an MP = Total value of votes of MLAs of all States / Total number of elected MPs ( LS + RS )
    • The 1971 census is currently under consideration.
  • The election is held through the system of proportional representation by means of the single – transferable vote by secret ballot.
  • The candidate who gets 50% of votes is considered elected.
  • It was pointed out in the Constituent Assembly that proportional representation is meaningless where there is only one candidate to be elected.
  • Moreover, “the single transferable vote does not exist here because nobody has a single vote; everybody has plural votes”.
  • Answering these doubts, Dr. Ambedkar explained that “we have provided one single proportional representation in which every candidate at the bottom will be eliminated until we reach one man who gets what is called a quota”.
  • This method, he said, was adopted so that the minorities will have some hand and some play in the election of the President.
  • He refused to explain how it would work in case there is only one man to be elected.
  • Constitutional analysts aver that it is really what is known as the alternative vote.
  • Quota = ( Number of votes polled / 2 ) + 1.
  • By this method, each voter is entitled to cast as many votes as there are candidates in the field indicating the order of his preferences.
  • If in the first counting no candidate obtains the requisite quota, the process of transfer of votes is eliminated and his second preferences are added to the first preference votes of other candidates.
  • This process continues until a candidate with the requisite quota emerges.
  • Thus the candidate who receives the largest number of votes on the first count is not necessarily the final choice.
  • This procedure ensures that the President – Elect has an absolute majority behind him.
  • Security deposit – ₹ 15,000.
  • Supreme Court inquires all disputes regarding Presidents Election.
  • Takes OATH in presence of Chief Justice of India, or in his absence, senior most judge of Supreme Court.
  • Note : In the History of Presidential Elections, V.V.Giri is the only person who won the election of the President as an independent candidate in 1969.
  • In July 1977, Neelam Sanjeeva Reddy was elected unopposed as no one else filed nomination for the post of the President.

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