Wednesday, October 29, 2014

President of India: Qualification, Election, Powers and Impeachment

President
  • Executive Head of the state. First citizen of India.
  • The Executive powers vested in the president are to be exercised on the advice of the Council of Ministers responsible to the Parliament. The 42nd Amendment to the constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers.

Qualifications


  • Must be a citizen of India
  • Completed 35 years in age
  • Eligible to be a member of  Lok Sabha
  • Must not hold any Government Post

Election


  • Indirectly elected through "Electoral College" consisting of Elected members of both the Houses of Parliament & Elected members of Legislative Assemblies of the states(No nominated members).
  • Takes OATH in presence of Chief Justice of India, or in his absence, senior-most judge of Supreme Court

Impeachment(Article 61)

Can be impeached only on the ground of violation of Constitution.

Vacancy

  • In case the Office falls vacant due to death, resignation or removal, the Vice-President acts as President. If he is not available then Chief Justice, if not then senior-most judge of supreme court shall act as the President of India.
  • The election is to be held within 6 months of the vacancy.

Powers

Executive Powers
  • Appoints PM, Ministers, Chief Justice & judges of supreme court & High Courts, Chairmans & members of UPSC, Comptroller and Auditor General, Attorney General, Chief Election commissioner and other members of Election commission and Governors.
  • He directly administers the Union Territories through the Lt. Governer, Commissioner or Administrator.
Legislative Powers
  • Can summon & prorogue the sessions of the houses & can dissolve Lok Sabha.
  • Nominates 12 members of Rajya Sabha.
Financial Powers
  • All money bills can originate in the Parliament only on the recommendation of President.
Judicial Powers
  • The president's pardoning power comprises a group of analogous powers like pardon, reprieve, remission, respite and commutation.

Emergency Powers

National Emergency(Article 352)
  • On the grounds of security threats to India by war, external aggression or armed rebellion.
  • It has been proclaimed three times so far -1962, 1971 and 1975.
State Emergency(Article 356)
  • Emergency due to failure of constitutional machinery in state.
Financial Emergency(Article 360)
  • The president can proclaim Financial Emergency if he is satisfied that the financial stability or the credit of India or any part there of is threatened.

Military Powers

  • He is the Supreme commander of the Defence Forces of India.
  • Appoints Chiefs of Army, Navy & Air Force.
  • Declares wars & concludes peace subject to the approval of the Parliament.

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