Article 52 This article provides for the office of President of India. The President of India is considered as the highest executive authority. The Constitution gives to him all the executive powers of union. All executive actions are taken on his or her name. He or she is the head of the State and represents the Republic of India and also he or she is the first citizen of India.
ELECTION OF THE PRESIDENT OF INDIA (ARTICLES 54, 55 AND 71)
The President of India is indirectly elected by the people of India but by the members of electoral college consisting of –
Electoral College consists elected members of both the Houses of the Parliament.
It consists the elected members of the Legislative Assemblies of the State.
It also consists elected members of the Legislative Assemblies of the Delhi and Puducherry.
Nominated members of any house do not take part in the election of the President. Presidential election is held through the system of proportional representation by means of the single transferable vote by secret ballot. The person who gets minimum 50% of votes, is considered elected. State of India have different representation in the Presidential election depending on the population and the number of elected members of the Legislative Assembly.
Vote of an MLA is equal to the population of the State is divided by the product of 1000 and total number of elected MLAs.
Value of vote of an MP is equal to the total value of MLAs of all states of India is divided by total number of elected MPs (Lok Sabha and Rajya Sabha).
Above formula secures the uniformity between all the States on one hand and the Parliament on the other hand.
Security deposit is equal to fifteen thousand rupees only. Only Supreme Court can enquire all disputes regarding presidential election. President takes pledge in presence of Chief Justice of India and in his absence, the seniormost judge of Supreme Court conducts oath to the President.
TERM OF OFFICE AND EMOLUMENT
Tenure 5 years (Article 56)
Article 57 There is no limit, as how many times each person can become President. President of India can give his or her resignation to the Vice-President before the full term completes. The President of India may be removed from office before the expiry of his or her tenure through a special procedure called impeachment.
Article 58 This article deals with the qualification of a person to be the President of India.
He or she must be a citizen of India.
Person should have completed the age of 35 years.
He or she should not hold any office of profit under the government.
He or she should be qualified to become a member of the Lok Sabha.
Article 61 This article states that the President can be impeached only on the ground of violation of the Constitution.
The process may be start from any house Lok Sabha as well as Rajya Sabha of the Parliament.
The charges are carried in a notice which has to be signed by at least one-fourth of the total members of that houses 14 days notice is sent to the President.
An intention to impeach the President has to be passed by a two-third majority of the total members of that house. It is then sent to the other house which investigates this charges. The President has the right to defend himself through an authorised council. If the second house also accepts the charges by a two-third majority, the President is removed from the office.
VACANCY (ARTICLE 62)
In the occurrence of vacant seat due to any reason e.g. death, resignation or removal then the Vice-President acts as the President, if he is not available then Chief Justice of India, if not then the seniormost Judge of Supreme Court.
The election is to be grasp within six months of the vacancy.
POWERS AND FUNCTIONS (ARTICLE 77)
The President has a very significant role. He has extensive powers to be exercised during normal time as well as in emergency period.
These powers however are actually exercised by the Prime Minister and the Council of Ministers.
EXECUTIVE POWERS OF PRESIDENT
He nominates Prime Minister who enjoys the support of the majority in the Lok Sabha, appoints the members for the Council of Ministers and distributes portfolios among them on the advice of the Prime Minister.
President of India nominates Chief Justice and judges of the Supreme Court and the High Court, Chairman and Members of UPSC, CAG, Attorney General, Chief Election Commission, Governors, Members of Finance Commission, Ambassadors etc.
He or she can look for any information relating to the administration of affairs of the Union and the proposal for legislation from the Prime Minister.