the president Flashcards
qualifications of an election as president
–> Indian citizen
–> 35 years of age
–> qualified for elections as a member of Lok sabha
–> a person who has held office shall be eligible for reelection to an office subject to other provisions of the constitution
composition of the electoral college
–> elected members of both houses of parliament
–> the elected members of the legislative assemblies of the states including the national capital territory of New Dehli and the union territory of Puducherry
why is the president indirectly elected
–> if the president were to be elected directly he would become a rival to the council of ministers. this would be against the parliamentary system with ministerial responsibility
–> the election of the president would make him a nominee of the ruling party like the prime minister since the membership of the ruling party would be dominated by the ruling party
–> The president is elected by an electoral college. Such an electoral college would make the president the elected representative to the entire nation with a clear voice to the states as well.
what is the term of office for the president
5 years
he shall hold office until his succesor takes charge
what is the procedure for impeachment
–> detailed in Article 61 of the constitution
–> 1.Ground for impeachment- Violation of constitution (note that president can not be removed on any other ground)
–> 2.Charge of such violation can be raised by any house of parliament (either lok sabha or rajya sabha) through resolution signed by at least 1/4 of the total members of the concerned house and by giving 14 days of advance notice. Then this resolution is put to vote and it has to be passed by 2/3 of majority of total membership of the house.
–> 3.Once such resolution is passed by one house of parliament, it is forwarded to other house. The other house shall investigate the charges framed. After investigation it is put to vote and when it is passed by other house also with 2/3 majority of total membership of the house, president ceaes to hold office
executive powers of the president
- -> head of union administration
- ->all union officials are his suboordinates
- -> all executive orders are issued in name of president
–> the adminsitration of union territoires and border areas is the responsibility of the president
- -> during the president’s rule the control of union government over states is complete
- -> but normally union government gives necessary directions to a state
legislative powers of the president
- -> he can dissolve the lok sabha and order fresh elections
- ->rajay sabha is a permanent body not subject to dissolution
–> he has power to send messages to either house of the parliament in regard to a pending bill or other matters
–> a bill for the formation of the new states or alteration of the areas for the exisiting states cannot be
introduced without the presidents recommendation
- ->once a bill is passed by both houses it is sent to the president for approval
- -> if the president sends the bill back to the house and the bill returns in the same form he has to pass it
discretionary powers of the president
–> the president can dismiss the council of ministers If the council of ministers looses the confidence of the house but refuses to resign
–> appointment of a prime minister in case of certain death because the ruling party is unable to elect a leader
what is a national emergency
- -> danger to a country because of foreign aggression
- ->danger to the peace and security of the country because of civil war or any such causes
what is breakdown of constitutional machinery
- -> deadlock because of political uncertanitites or otherwise
- -> constitutional machinery has broken down in a state
what is a financial emergency
a set back to financial stability or credit feasibility of the country is going to occur or has already occured
