President : राष्ट्रपति
- The Union executive consists of the President, Vice President, Prime minister, Council of Ministers & AGI.
- The president is the head of the Indian State / Union executive.
Election of President:
- According to the Constitution, the President of India is elected by an electoral college through proportional representation using a Single transferrable Vote.
- The electoral college consists of elected members of both houses of Parliament + Elected members of the legislative assemblies of the states + Elected members of legislative assemblies of UT of Delhi & Puducherry.
- Since the Resident represents the entire nation, in this election, in aides to maintain a balance between the center and the state within Indian federal System. Value of Vote is calculated as fallowing:
- Value of Vote of MLA = Total Population/ Total number of elected members in the state legislative assembly X 1/1000
- Value of Vote of MP = Total Value of Votes of all MLA's of all states/ Total no. of elected members of Parliament
- In election of Resident, to win a. Candidate has to get the vote at least up to the Quota, which is calculated as -
- Quota = Total no. of Valid Vote polled +1/ No. of Post + 1
Qualification:
- He must be citizen of India.
- He must have completed - 35 years of age.
- He must have qualification to become member of Lok Sabha.
- He must not hold any office of profit.
- Nomination of a candidate for election of Resident must be Subscribed by at least 50 electors & 50 as seconders. Every Candidate have to make security deposit of = 15000 in RBI. Security deposit liable to forfeited in case candidate fails to Secure 1/6 of votes palled.
- The Oath of President is administered by the CJI & in his absence, the senior most judge of SC available.
Conditions
of President’s office:
- He should not be a member of either house of State legislature. House of Parliament as a house of state legislature.
- He should not hold any office of profit.
- President is entitled to a number of privileges & immunities.
- He enjoys personal immunity from legal liability for is official acts.
- During this team of office, there is Immune from any criminal proceeding, even respect of personal acts.
- He cannot be arrested and imprisoned.
- However, after giving 2 months’ notice, civil proceedings con be instituted against him.
Vacancy
in office of President:
- On the expiry of his tenue of 5 years.
- By his resignation.
- By his death.
- On his removal by the process of impeachment.
- If office vacant by resignation, death or removal, then election to fill vacancy must be held within 6 months.
- In case of Vacancy, Vice President acts as president & in absence of VP, CJI or senior most judge act as president.
Impeachment:
- President can be removed from office by a process of impeachment for Violation of constitution.
- An impeachment is quasi- judicial procedure in the Parliament.
- The impeachment charges can be initiated by either House of Parliament.
- These charges must be signed by not less than 1/4 of the total members of the house.
- 14 days prior notice must be given to President before initiating.
- After the resolution is passed by majority of 2/3 of total members of that, it is sent to the other house, which investigates the charges.
- If other house also sustains charges & pass resolution by 2/3 of majority, the President stands removed.
- Nominated member of both the houses of parliament take participation in impeachment.
- Elected members + Nominated members of State legislative do not participate.