President of India
The President of India is the head of the Indian state and is also the first citizen of India. Article 52 of the Indian Constitution mentions that there shall be a President of India. The incumbent President of India is Shri Ram Nath Kovind who is the 14th President of India.
Important Points – President of India
Some of the important points that are frequently asked in exam and other government exams from President and President Election are discussed below:
Eligibility to hold the office of President of India |
|
Term of Office of President of India |
Once elected, the president holds the office for a period of five years. |
Oath by |
Chief Justice of India |
Resignation to |
Vice President of India |
Re-election |
A person is eligible for reelection to the office of President. |
Disputes Regarding the Election of President are challenged in |
Supreme Court of India |
Immunities Enjoyed by President |
|
Impeachment |
Can be done only on the grounds of violation of the constitution. |
President Election in India
Article 54 mentions that there shall be an election for the President of India.
The President of India is elected indirectly by the single-transferable voting system. The President is elected by an electoral college consisting of elected representatives of the government that form the government after being elected in the state assembly and national elections. The nominated members of both the houses and state legislatures are not allowed to vote in the presidential election. Hence the electoral college of the presidential election consists of:
-
Lok Sabha and Rajya Sabha
-
Legislative Assemblies of the states
-
Legislative Assemblies of the Union Territories of Delhi, Jammu & Kashmir and Puducherry (Since 1992 through 70th Constitutional Amendment Act)
Article 55 states the manner of the election of the President. It states that:
-
The president is elected indirectly by an electoral college.
-
The election shall be done by a secret ballot.
-
The election shall be held in accordance with the system of proportional representation by means of a single transferable vote.
Value of Vote of MP and MLA in President Election in India
The value of the vote of each MP and MLA differs in accordance with the number of members in their legislative body. Further, each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states
Impeachment Process of the President of India
The impeachment process of the President of India is a quasi-judicial process. Article 61 describes the process of impeachment of the President of India:
-
The President can be removed from office by the process of impeachment only on the grounds of violation of the constitution.
-
The impeachment process can be started from any house of the parliament by levelling charges against him.
-
All the members of the parliament (elected + nominated) takes part in the impeachment process.
-
The notice bearing the charges against the president must be signed by at least a quarter of the members of the house.
-
Then, the notice is sent to the president of India and within 14 days the process of impeachment starts.
-
The resolution to impeach the president must be passed by a special majority (two-thirds) in the originating house.
-
Next, it is sent to the other house for consideration. The other house acts as the investigating horse. A select committee is formed to investigate the charges labelled against the president.
-
During the process, the President of India has the right to defend himself through authorised counsel. He can choose to defend himself or appoint any person/lawyer or attorney general of India to do so.
-
After the investigation by the select committee, if the other house also passes the resolution by a two-thirds majority, the President of India stands impeached,
Article |
Description |
Article 52 |
There shall be a 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 |
Article 62 |
Time of holding election to fill vacancy in the office of president and the term of office or person elected to fill casual vacancy |
Article 70 |
Discharge of President’s functions in other contingencies |
Article 71 |
Matters relating 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 |
Article 74 |
Council of Ministers to aid and advise President |
Article 75 |
Other provisions as to Ministers |
Article 87 |
Special address by the President |
Article 123 |
Power of President to promulgate Ordinances during recess of Parliament |
Article 143 |
Power of President to consult Supreme Court |
Article 352 |
National Emergency |
Article 356 |
President’s rule |
Article 360 |
Financial Emergency |
- Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
- Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.
- Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
- Respite: It denotes awarding a lesser sentence in place of one originally awardeddue to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
- Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.
Also Read –
Dissolution of a Partnership Firm
Distinction between Limited Liability Partnership (LLP) and a Company
Directive principle of state policy
RIGHT TO CONSTITUTIONAL REMEDIES
Evolution of Competition Law in India
Important Definitions under the competition Act
Difference Between MRTP & Competition act
Meaning definition & Nature of Tort law
THE CONCEPT OF CONSIDERATION UNDER THE INDIAN CONTRACT ACT
DIFFERENCE BETWEEN CONTRACT OF INDEMNTY & GURANTEE UNDER THE INDIAN CONTRACT ACT
Difference Between Investigation and Inquiry
Short notes on – Police Report, Pleader, Public Prosecutor
Relation Between Gender and Anatomical Sex Difference
Section 498A Indian Penal Code best explanation
Section 304B Indian penal code best explanation
Best explanation of Environment pollution 1986
International trade law paper | Kanpur university LL.M. Paper
Best explanation Aim and Object of probation of offenders act 1958