The president of India is the head of the state.
The state includes the government as well as armed forces of India.
Thus he heads all the three forces.
- As any other constitutional post, the first requirement for the candidate must be an Indian citizen.
- There is an age barriers for this post as the candidate must be of 35 years old.
- The election of president is an indirect process. The president is not directly elected by the people of India, however, he is indirectly elected through all the members of parliament, members of legislative assemblies of all the states and Union territories. Thus to be elected through all the parliament and assembly members, the first eligibility for the president post is that he should not be the member of any house of parliament or legislative assembly.
- To become president of India like any other constitutional post, a person can’t hold office of profit. If he holds office of profit than at the day of oath he will have to resign from that post. However, there are some exceptions to this. As per article 58, a member of Union cabinet or any state cabinet, current Vice-president (VP) and the governor of any state are exempt from this rule. However, if he gets elected he is deemed to be resigned from the previous position. Further to be eligible to run for the presidency of India, person must be nominated by 50 electors as proposers and 50 electors as seconders. Further person has to submit a security deposit of 15000 rupees.
- The election process of president is dedicated as per the Article 54 and 55 of constitution.
- The process begins with formation of a collegium. This collegium is formed as per the article 54. The collegium is consists of all the MPs and MLAs. These are the people eligible to vote for presidency.
- There are 29 states and 7 union territories in India. Thus each state has different population and incorporate entire population and balance it out there is a need to equalize them.
- Article 55 provides the method to equalize this. The article suggests that the each vote of MLA be counted as population of that state divided by total no of elected MPs from the state.
- Then a MPs vote be counted as total no of votes assigned to an MLA divided by the no of MLAs elected from that state. As per our federal structure of a centre and several state, this helps to create balance between MPs (Centre) and MLAs (State).
- To be elected as president a person must get more than 50% of the casted votes. Since article 55, assigns different no to different votes, there has to be quota to which 50% is to be win. The quota goes like this No of votes polled + 1/ (no of members elected +1).
The president of the India is the most powerful person as he is the head of the state and article 53 of constitution gives him all the powers. However president has option to exercise these powers either directly or through the union cabinet which has his faith. The power of president includes:
Executive Powers of President
The president is the head of the state and all the power is vested in him. Thus all the power of state of union is vested in him. He can discharge his duties directly or with the help of appointment of a union cabinet and prime minister. The union cabinet and prime minister discharge their duty on behalf of president. Further, the president appoints all the heads of constitution such as judges of Supreme Court and High Court. He appoints the Comptroller and auditor General of India, Attorney General. The part of executive power is that the president has power to pardon. As per constitution president can pardon a person who is serving death sentence. To get pardon a convict has to apply to president after getting sentence from Supreme Court.
Legislative Power of President
All the bills passed by the parliament has to get nod from the president to become law. President can refuse to sign a law and can return to the parliament for consideration. But id parliament return the law back twice than it automatically considered to be given assent by the president. Only money bill can’t be return by the president. Further, the president addresses the both the houses of the parliament in the very first session (budget session) of the year. He can dissolve the Loak Sabha and can nominate 12 members to Rajya Sabha.
Emergency Powers of President
With the consent from cabinet and Prime Minister, the president can declare the emergency. He can declare national, state or financial emergency. The financial emergency can be declare on the ground of country defaulting on its sovereign obligations and national emergency can be declare on the ground of war, or rebellion from within the country. If the state is not being run as per the constitutional process than the president can declare state emergency.
Financial Powers of the President
The money bills can only be introduced with the assent from president and contingency advance can only be made with his approval.
Diplomatic, Judicial and Military power of President
To conduct diplomatic relations with countries, president appoints diplomates to these countries and the diplomates on behalf of president. Any treaty signed with any country hs the name of president and he is assumed to be signing that. President is head of all the forces. He is commander in chief and appoints the head of all the armies. He can declare war and conclude peace.
- If it’s found that president has violated the constitution then he can be impeached.
- The impeachment process can be start by moving a motion in any house of the parliament.
- To pass the resolution an effective majority of two-third is required. Once the resolution is passed a notice is signed by the 25% of the members of the house. The notice contains all the charges for which the impeachment has been initiated.
- This notice is then sent to president to defend himself and after 14 days the motion is picked by the other house. And once approved the second house, president has to leave the post.
Written by Team OurPolitician.com posted on 04-June-2016