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President : राष्ट्रपति


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.

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