Office of President of India

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By moderator July 8, 2019 17:39

UPSC Mains: Previous Years’ Questions on President of India

Long term Trend Analysis

  1. 2012: Determining the ‘value’ assigned to the vote of a Member of a State Legislative
    Assembly and of a Member of Parliament in the Indian Presidential elections.
  2. 2007: How the President of India is elected.
  3. 2002: What is the composition of the Electoral College for the election of the President of the Indian Republic? How the value of the votes cast is counted?

Prelims
Q. 2013: Consider the following statements :(2013)

  1. The Chairman and the Deputy Chairman of the RajyaSabha are not the members of that House.
  2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

Which of the statements given above is/are correct?

  • An article dealing with the Office of President of India
  1. The President of India.
  2. The executive power of the Union.
  3. Election of President.
  4. Manner of election of President.
  5. Term of office of President.
  6. Eligibility for re-election.
  7. Qualifications for election as President.
  8. Conditions of the President’s office.
  9. Oath or affirmation by the president.
  10. Procedure for impeachment of the President.
  11. Time of holding an election to fill a vacancy in the office of President and the term of office of person elected to fill the casual vacancy.

The President

  • Articles 52 to 78 in Part V of the Constitution deal with the Union executive.
  • The Union executive consists of the President, the Vice-President, the Prime Minister,
    the council of ministers and the attorney general of India.
  1. Election of the President
  • The President is elected not directly by the people but by members of an electoral college consisting of:
  1. the elected members of both the Houses of Parliament;
  2. the elected members of the legislative assemblies of the states; and
  3. the elected members of the legislative assemblies of the Union Territories of Delhi and
    Puducherry
  • Points to Note (for Prelims):

[1] The Nominated members do not participate:
àThe nominated members of both of Houses of Parliament,
àThe nominated members of the state legislative assemblies,

à The nominated members of the Legislative Assemblies of Delhi and Puducherry,

[2] The members, both elected and nominated, of the state legislative councils
(in case of the bicameral legislature) and do not participate in the election of the
President.

  • Where an assembly is dissolved, the members cease to be qualified to vote in the presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.
  • The Constitution provides that there shall be:
    [i] Uniformity in the scale of representation of different states as well as
    [ii] Parity between the states as a whole and the Union at the election of the
    President as the President is both- the head of the Union and the head of the Nation
  • To achieve this uniformity, the number of votes which each elected member of the legislative assembly MLA of each state and the MP of Parliament is entitled to cast at such election shall be determined in the following manner:

    Value of vote of an MLA =    Total Population of State       X      1
                                                     Total no. of Elected MLAs.         1000

 

  • Determining the value of Vote of an MP
    Every elected member of either House of Parliament shall have the such number of votes as may be obtained by dividing the total number of votes assigned to MLAs of the states by the total number of the elected members of both the Houses of Parliament.
  • Value of the vote of an MP = Total value of votes of all MLAs

                                                            Total number of elected MPs

This was, Total Value of votes of all elected MLAs = Total Value of votes of all MPs

  • System of Proportional Representation:
    The President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.
  • This system ensures that the successful candidate is returned by the absolute majority of votes.
  • A candidate, in order to be declared elected to the office of President, must secure a fixed quota of votes.
  • The quota of votes is determined by dividing the total number of valid votes polled by the number of candidates to be elected (here only one candidate is to be elected as President) plus one and adding one to the quotient.

Electoral Quota = Total number of valid votes polled +1. à This is the number of votes
1+1= 2        to be secured by winning
candidate

  • Article 55 (3) of the Constitution provides that the election shall be held in accordance with the System of Proportional Representation by means of the single transferable vote and the voting at such election shall be by secret ballot.  In this system, the elector has to mark preferences against the names of the candidates.
  • Qualifications, Oath, and Conditions of the Office:
    Article 58 talks about Qualifications for Election as President
  • Conditions of President’s Office
    Article 59: Conditions of President’s office
  • To ensure his independence, the following points have been provided for:

[I]  His emoluments and allowances cannot be diminished during his term of office.

[II]  He enjoys personal immunity from legal liability for his official acts.

[III] During his term of office, he is immune from any criminal proceedings, even in
respect for his personal acts.
[IV]He cannot be arrested or imprisoned. However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

  • Term, Impeachment, and Vacancy
  • Article 56 talks about Term of President’s office
  • The President holds office for a term of five years from the date on which he enters upon his office.
  • However, he can resign from his office at any time by addressing the resignation letter to the Vice- President.
  • Article 57: Eligibility for Re-election: He is also eligible for re-election to that office. He may be elected for any number of terms.
  • Article 61 talks about the Impeachment of President
  • The President can also be removed from the office before completion of his term by the process of impeachment.
  • Grounds for Removal: The President can be removed from office by a process of impeachment for ‘violation of the Constitution’.
  • However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’.
  • Past Incidents [India Since Independence]: President Rajendra Prasad made occasional public statements which amounted to veiled criticism of the Government.
  • On one occasion, he went to say that a President need not conform to the lines laid down by the Government!

Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc

moderator
By moderator July 8, 2019 17:39