PRESIDENT
Pratibha Devisingh Patil was declared elected the 12th
President on July 21, 2008. On July 25, 2008 she became the first
woman to head the Indian Republic. Ms. Patil defeated her lone opponent, Vice-President Bhairon Singh Shekhawat, by an
impressive margin of 3,06,810 in an electoral college with votes valued at 10.98 lakh, in what was described as the most
keenly contested poll.
The 73-year-old First Citizen once again made history on January 26, 2008 when she took salute at the main Republic
Day parade on the 59th
Republic Day of India, becoming the first woman Head of the State in the country to do so.
The Constitution of India provides for the office of the President of India. Article 52 of the Indian Constitution says that there
shall be President of India. The President is the Head of the state. All executive power of the Union is vested on him and these
powers are to be exercised by the President either directly or through officers subordinate to him in accordance with the
constitution.
Election of the President
The President of India is elected by an electoral college. In India the electoral college consists of the elected members of the
two Houses of Parliament and Legislative Assemblies of the States (article 54). In this context, the term (state) includes the
national capital territory of Delhi and the Union territory of Pondicherry also. Article 55 of the Constitution provides that, as far
as practicable, there shall be uniformity in the scale of representation of the different states at the election of the President. The President’s
election is held in accordance with a system of proportional representation by means of a single transferable vote and the
voting takes place by secret ballot.
According to article 58 of the Constitution, a person to be eligible for the election of the President should fulfill the
following conditions -
1 The person willing for the President’s election should be a Indian citizen.
2 He should have completed the age of thirty-five (35) years.
3 He should be qualified for election as a member of the House of the People i.e. the Lok Sabha.
4 He should not hold any office of profit under the Union Government or any state government or any local or
other authority.
In addition to the above mentioned the article 59 of the Constitution lays down a few more conditions of the
Presidents office -
1 The President should not be a member of any house of Union or State legislature.
2 He should not hold any office of profit. He is entitled to the free use of his official residences; such emoluments,
allowances and privileges are determined by Parliament by law.
3 During the President’s term of office his emoluments and allowances shall not be diminished.
Presidents’ Term of Office
The oath of office to the President is administered by the Chief Justice of India and in his absence, by the senior most
judge of the Supreme Court available. Article 62(1) says that an election should be held to fill the vacancy caused by the expiration
of the term of office of President before the expiration of that term.
4 The President shall hold office for a term of five years from the date on which he enters upon his office.
President can resign at any time by addressing the resignation letter to the Vice-President of India.
Presidents Impeachment
When a vacancy occurs in the Presidents office due to his death, resignation or removal or otherwise, the Vice-
President acts as the President until a new President is elected. An election to fill such vacancy should be held within six months
from the date of occurrence of such vacancy. A person who holds, or who has hold the office of a President is eligible for re-
election to that office.
Article 61 lays down that the President may be removed by impeachment from his office on grounds of violation of
the Constitution.
The impeachment charges may be initiated by either houses of Parliament and these charges should be signed
by 1/4th
members of the house which framed the charges.
Regarding the charges a 14 days’ notice should be given.
The resolution of the charges for impeachment of the President should be passed by a majority of not less than 2/3rd of the total membership of the House.
Afterwards the charges are investigated in the other House of the Parliament. If the resolution is passed in this House also with a majority of 2/3rd of its total membership, then the President stands removed from his office from the date on which the bill is so passed.
The Powers and Functions of the President
The powers enjoyed and by the President and the functions performed by him are divided into the following heads -
Executive Powers of the President: Article 53 pro-vides the executive powers of the President. All executive
powers of the Union are vested in him. These powers are exercised by him either directly or through officers
subordinate to him in accordance with the Constitution. The Supreme Command of the Defence Force is vested on
the President and the exercises it in accordance with law.
Executive powers of the President must be exercised in accordance with the Constitution. In particular it
includes the provisions of article 14 i.e., equality before law.
Without prior legislative support also, the President can exercise the executive powers if it does not violate
the Constitution or the law.
Executive power is the residue of functions of Government, which are not legislative or judicial.
All the executive actions of the Government of India are formally taken in his name.
The President can make rules specifying the manner in which the orders and the other instruments which are
made and executed in his name shall be authenticated.
President appoints the Prime Minister and other ministers; and they hold office during his pleasure. He
appoints the Attorney General of India, he too holds office during Presidents pleasure.
The President also appoints the Comptroller and Auditor General of India, the Chief Election
Commissioner and other Election Commissioners, the Chairman and Members of the UPSC, the
Governors of the states, the Chairman and the members of the Finance Commissions etc.
The President can appoint a commission to investigate into the conditions of SCs, STs and OBCs.
He directly administers the union territories through administrators appointed by him.
tended six months at a time. During
President’s Rule, the State Governor on behalf of the President, carries on the State Administration with the help of the
advisors appointed by the President or the Chief Secretary of the State. However the President cannot interfere with the
jurisdiction of the concerned State High Court.
(3) Financial Emergency: The President proclaims Financial Emergency under article 360 if he is satisfied that the
financial stability or credit of India or any part thereof is threatened. This proclamation must be approved within two
months by the Parliament. During the period of Financial Emergency the President can give directions to the states to
observe the canons of financial property. He can issue directions to reduce the salaries and allowances of all or any class of
persons serving under the state, under the Union including the judges of the Supreme Court and High Court. All money
bills and financial bills passed by the state legislative can be reserved for President’s consideration during the period
of Financial Emergency. However it should be mentioned here that so far this type of Emergency has not been declared.
Financial Powers
Tags: PRESIDENT OF INDIA
Pratibha Devisingh Patil was declared elected the 12th
President on July 21, 2008. On July 25, 2008 she became the first
woman to head the Indian Republic. Ms. Patil defeated her lone opponent, Vice-President Bhairon Singh Shekhawat, by an
impressive margin of 3,06,810 in an electoral college with votes valued at 10.98 lakh, in what was described as the most
keenly contested poll.
The 73-year-old First Citizen once again made history on January 26, 2008 when she took salute at the main Republic
Day parade on the 59th
Republic Day of India, becoming the first woman Head of the State in the country to do so.
The Constitution of India provides for the office of the President of India. Article 52 of the Indian Constitution says that there
shall be President of India. The President is the Head of the state. All executive power of the Union is vested on him and these
powers are to be exercised by the President either directly or through officers subordinate to him in accordance with the
constitution.
Election of the President
The President of India is elected by an electoral college. In India the electoral college consists of the elected members of the
two Houses of Parliament and Legislative Assemblies of the States (article 54). In this context, the term (state) includes the
national capital territory of Delhi and the Union territory of Pondicherry also. Article 55 of the Constitution provides that, as far
as practicable, there shall be uniformity in the scale of representation of the different states at the election of the President. The President’s
election is held in accordance with a system of proportional representation by means of a single transferable vote and the
voting takes place by secret ballot.
According to article 58 of the Constitution, a person to be eligible for the election of the President should fulfill the
following conditions -
1 The person willing for the President’s election should be a Indian citizen.
2 He should have completed the age of thirty-five (35) years.
3 He should be qualified for election as a member of the House of the People i.e. the Lok Sabha.
4 He should not hold any office of profit under the Union Government or any state government or any local or
other authority.
In addition to the above mentioned the article 59 of the Constitution lays down a few more conditions of the
Presidents office -
1 The President should not be a member of any house of Union or State legislature.
2 He should not hold any office of profit. He is entitled to the free use of his official residences; such emoluments,
allowances and privileges are determined by Parliament by law.
3 During the President’s term of office his emoluments and allowances shall not be diminished.
Presidents’ Term of Office
The oath of office to the President is administered by the Chief Justice of India and in his absence, by the senior most
judge of the Supreme Court available. Article 62(1) says that an election should be held to fill the vacancy caused by the expiration
of the term of office of President before the expiration of that term.
4 The President shall hold office for a term of five years from the date on which he enters upon his office.
President can resign at any time by addressing the resignation letter to the Vice-President of India.
Presidents Impeachment
When a vacancy occurs in the Presidents office due to his death, resignation or removal or otherwise, the Vice-
President acts as the President until a new President is elected. An election to fill such vacancy should be held within six months
from the date of occurrence of such vacancy. A person who holds, or who has hold the office of a President is eligible for re-
election to that office.
Article 61 lays down that the President may be removed by impeachment from his office on grounds of violation of
the Constitution.
The impeachment charges may be initiated by either houses of Parliament and these charges should be signed
by 1/4th
members of the house which framed the charges.
Regarding the charges a 14 days’ notice should be given.
The resolution of the charges for impeachment of the President should be passed by a majority of not less than 2/3rd of the total membership of the House.
Afterwards the charges are investigated in the other House of the Parliament. If the resolution is passed in this House also with a majority of 2/3rd of its total membership, then the President stands removed from his office from the date on which the bill is so passed.
The Powers and Functions of the President
The powers enjoyed and by the President and the functions performed by him are divided into the following heads -
Executive Powers of the President: Article 53 pro-vides the executive powers of the President. All executive
powers of the Union are vested in him. These powers are exercised by him either directly or through officers
subordinate to him in accordance with the Constitution. The Supreme Command of the Defence Force is vested on
the President and the exercises it in accordance with law.
Executive powers of the President must be exercised in accordance with the Constitution. In particular it
includes the provisions of article 14 i.e., equality before law.
Without prior legislative support also, the President can exercise the executive powers if it does not violate
the Constitution or the law.
Executive power is the residue of functions of Government, which are not legislative or judicial.
All the executive actions of the Government of India are formally taken in his name.
The President can make rules specifying the manner in which the orders and the other instruments which are
made and executed in his name shall be authenticated.
President appoints the Prime Minister and other ministers; and they hold office during his pleasure. He
appoints the Attorney General of India, he too holds office during Presidents pleasure.
The President also appoints the Comptroller and Auditor General of India, the Chief Election
Commissioner and other Election Commissioners, the Chairman and Members of the UPSC, the
Governors of the states, the Chairman and the members of the Finance Commissions etc.
The President can appoint a commission to investigate into the conditions of SCs, STs and OBCs.
He directly administers the union territories through administrators appointed by him.
tended six months at a time. During
President’s Rule, the State Governor on behalf of the President, carries on the State Administration with the help of the
advisors appointed by the President or the Chief Secretary of the State. However the President cannot interfere with the
jurisdiction of the concerned State High Court.
(3) Financial Emergency: The President proclaims Financial Emergency under article 360 if he is satisfied that the
financial stability or credit of India or any part thereof is threatened. This proclamation must be approved within two
months by the Parliament. During the period of Financial Emergency the President can give directions to the states to
observe the canons of financial property. He can issue directions to reduce the salaries and allowances of all or any class of
persons serving under the state, under the Union including the judges of the Supreme Court and High Court. All money
bills and financial bills passed by the state legislative can be reserved for President’s consideration during the period
of Financial Emergency. However it should be mentioned here that so far this type of Emergency has not been declared.
Financial Powers
Tags: PRESIDENT OF INDIA
No comments:
Post a Comment