The President of India is the head of state of the Republic of India. The president is the formal head of the executive, legislature and judiciary of India and also the commander-in-chief 1of the Indian Armed Forces. He is the first citizen of India and also a symbol of solidarity, unity and integrity of the nation.
Election of the President:-
- Article 54 of the Indian Constitution discusses the election of the president. It says that the president shall be elected by the members of an electoral college.
- Electoral college consist of the elected members of both the houses of parliament, and the legislature assemblies of the states and the two union territories, namely Delhi and Puducherry.
- The election of the president held in accordance with a system of proportional representation by means of a single transferable vote. He can be re-elected for the office of the President.
- The Oath of the President administered by the Chief Justice of India, and in his absence, by the most senior judge of the Supreme Court.
Qualification for President of India:-
- He should be a citizen of India.
- He should have completed the age of 35 years.
- He should be qualified to be elected as a member of lok sabha.
- He should not hold any office of profit i.e. the candidate should not be a government servant. (the office of the president, the vice-president, the governor or the minister of the Union or the state is not considered as an office of profit for this purpose).
Term of Office:-
Article 56 of the Indian Constitution says that the President shall hold office for a term of 5 years from the date he takes up his post. He may resign from his office by writing his resignation to the Vice-president of India. But, he will continue to hold his office , in spite of tendering his resignation, until his successor takes up his office. And, before his office gets vacated, an election should be held for the same.
Conditions of the president office:-
There are free conditions for the candidate running for the president election:-
- He can’t be a member of lok sabha and Rajya Sabha. If he has been a member of either of house, he should vacate the seat on his first day as president in the office.
- He should not hold any office of profit.
- For his residence, Rashtrapati Bhavan is provided to him without the payment of rent.
- Parliament decide his Emoluments, allowances and privileges.
- Parliament can’t diminish his emoluments and allowances during his term of office.
- He is given immunity from any criminal proceedings, even in respect of his personal acts.
Impeachment of President:-
- Impeachment is process to remove the President of India from his office before his term expires.
- The impeachment can be carried out if the Constitution of India is violated by the president and proceedings can be initiated in either of the two houses of the Parliament. Two-Third majority is required to pass the resolution in the house.
- Thereafter, a notice signed by a quarter of the members of the house and containing the charges is sent to the president.
- After 14 days the charges are taken into consideration by the other house and kn the meantime the president can defend himself. If the charges are approved by the second house also, than the president is said to have been Impeached. He has to leave his office.
Powers of the President:-
- Executive power:
• For every executive action, that the Indian government takes, is to be taken by president name.
• He appoints the attorney General of India and determine his remuneration.
• He seeks administrative information from union Government.
• He requires prime minister to submit, for consideration of the council of ministers any matter on which a decision has been taken by a minister but, which has not been considered by the council.
• He appoints national commission of scheduled castes, scheduled tribes and other backward classes (OBC).
• He appoints inter state council and appoints administrators of union territories.
- Legislative Power:-
• He summons or prorogues Parliament and dissolve the house of people.
• He summons a joint sitting of house of people and council of ministers in case of deadlock.
• He addresses the Indian Parliament at the commencement of the first session after every general election.
• He appoints speaker, deputy speaker of lok sabha and chairman/deputy chairman of Rajya sabha when the seats fall vacant.
• He can nominate two members to the lok sabha from the Anglo-Indian community.
- Financial powers:-
• To introduce the money bill, his prior recommendation is must.
• He causes union budget to be laid before the Parliament.
• To make a demand for grants, his recommendation is a pre-requisite.
• He constitutes the finance commission every 5 years.
• The contingency fund of India is under control of the President.
- Judicial power of President:-
• Appointment of Chief Justice of India and Supreme Court/High Court judges are on him.
• He takes advises from supreme Court however, those advices are not binding on him.
• He has pardoning power.
5.) Emergency powers :-
• He have power to imposed National emergency which is given by the Article 352 of the Indian Constitution.
• He have power to imposed president rule which is given by the Article 356 and 375 of the Indian Constitution.
• He have also imposed Financial emergency which is given by the Article 360 of Indian Constitution.
6.) Military Power:-
• He is the commander of defence Forces of India.
• He appoints the Chief of Indian Army, Chief of Navy, Chief of Air force.
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If you are interested in participating in the same, do let me know.
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