President and Vice-President Flashcards
President
1) Executive and constitutional head of the parliament
2) Head of State and supreme commander of the Defense Forces of India
3) Exercises his power directly or through officers of the Union in accordance with the Constitution
4) Exercises his power on advice of the Prime minister and the Council of Ministers
Qualifications of President for Election
1) Indian citizen having completed 35 years of age
2) Qualified for election as a member of the Lok Sabha
Criteria for Ineligibility for Election as President
1) Holds an office of profit under the Government of India or any other State or any local authority
Process of Presidential Election
1) Elected indirectly by an electoral college, in accordance with the system of proportional representation by single transferrable vote.
2) Voting is by secret ballot
Composition of Electoral College of President
1) elected members of both houses of the Parliament
2) Elected members of Legislative assemblies of the States incl. NCR and Puducherry
3) Nominated members of either houses are not eligible to be included
Reasons for indirect election of President
1) If directly elected, could become a rival center of power to the council of ministers - would be against the parliamentary system with ministerial responsibility
2) Election by merely a majority of members of the union parliament could make him a nominee of the ruling party like the prime minister, as membership in the houses is dominated by one party - cannot represent the constituent states of the Union
Term of Office of President
1) five years from the date on which he enters his office
2) Shall continue to hold his office notwithstanding the expiry of his term till his successor takes charge
Vacation of Presidential Office
1) Submit a resignation letter to the Vice-President to resign from his office
2) such resignation will be communicated to the Speaker of the Lok Sabha by the Vice-President
3) May be impeached, for violation of the Constitution on a charge leveraged by either house of the Parliament
Procedure for impeachment
Either house of Parliament can level a charge by:
1) a resolution which is moved after 14 days notice in writing, signed by atleast 1/4th of the total members of the house
2) passed by a majority of not les than 2/3rds of the total membership of the house
3) such a charge is then investigated by the other house - president has the right to appear and be represented at the investigation
4) If as a result of the investigation, a resolution is passed by atleast 2/3rd membership of the house declaring sustenance of such a charge, the resolution has the effect of impeaching the President
Powers of the President
1) Executive powers
2) Legislative powers
3) Discretionary powers
4) Emergency powers