The President of India is the head of the Indian state and is also the first citizen of India. Article 52 of the Indian Constitution mentions that there shall be a President of India. The incumbent President of India is Shri Ram Nath Kovind who is the 14th President of India.
The detailed information about the election of the president in India and articles related to the President of India will be discussed in this article. The President is an integral part of the union executive along with the Vice President, Prime Minister, the council of ministers and attorney journal and hence is extremely important for UPSC Exam.
The President is the symbol of solidarity, unity, and integrity of the nation. Below is the list of all the important articles related to the president of India which are frequently asked in the UPSC exam and other government exams.
Article |
Description |
Article 52 |
There shall be a President of India. |
Article 53 |
Executive Power of the Union |
Article 54 |
Election of President |
Article 55 |
Manner of election of President |
Article 56 |
Term of office of President |
Article 57 |
Eligibility for re-election |
Article 58 |
Qualifications for election as President |
Article 59 |
Conditions of President's office |
Article 60 |
Oath or affirmation by the President |
Article 61 |
Procedure for impeachment of the President |
Article 62 |
Time of holding election to fill vacancy in the office of president and the term of office or person elected to fill casual vacancy |
Article 70 |
Discharge of President's functions in other contingencies |
Article 71 |
Matters relating to, or connected with, the election of a President or Vice-President |
Article 72 |
Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases |
Article 74 |
Council of Ministers to aid and advise President |
Article 75 |
Other provisions as to Ministers |
Article 87 |
Special address by the President |
Article 123 |
Power of President to promulgate Ordinances during recess of Parliament |
Article 143 |
Power of President to consult Supreme Court |
Article 352 |
National Emergency |
Article 356 |
President's rule |
Article 360 |
Financial Emergency |
Article 54 mentions that there shall be an election for the President of India.
The President of India is elected indirectly by the single-transferable voting system. The President is elected by an electoral college consisting of elected representatives of the government that form the government after being elected in the state assembly and national elections. The nominated members of both the houses and state legislatures are not allowed to vote in the presidential election. Hence the electoral college of the presidential election consists of:
Lok Sabha and Rajya Sabha
Legislative Assemblies of the states
Legislative Assemblies of the Union Territories of Delhi, Jammu & Kashmir and Puducherry (Since 1992 through 70th Constitutional Amendment Act)
Article 55 states the manner of the election of the President. It states that:
The president is elected indirectly by an electoral college.
The election shall be done by a secret ballot.
The election shall be held in accordance with the system of proportional representation by means of a single transferable vote.
The value of the vote of each MP and MLA differs in accordance with the number of members in their legislative body. Further, each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states
The nomination of a candidate for election to the office of the president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of ₹15,000 (US$210) in the Reserve Bank of India.[44] The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.
The election is held in accordance with the system of proportional representation by means of the single transferable vote (STV) method wherein the preferential voting system is followed. It takes place by a secret ballot system. The electoral college for president election comprises of elected members of Lok Sabha, Rajya Sabha and State Legislative Assemblies of all states and Delhi, Jammu & Kashmir and Puducherry.
Some of the important points that are frequently asked in the UPSC exam and other government exams from President and President Election are discussed below:
Eligibility to hold the office of President of India |
|
Term of Office of President of India |
Once elected, the president holds the office for a period of five years. |
Oath by |
Chief Justice of India |
Resignation to |
Vice President of India |
Re-election |
A person is eligible for reelection to the office of President. |
Disputes Regarding the Election of President are challenged in |
Supreme Court of India |
Immunities Enjoyed by President |
|
Impeachment |
Can be done only on the grounds of violation of the constitution. |
The impeachment process of the President of India is a quasi-judicial process. Article 61 describes the process of impeachment of the President of India:
The President can be removed from office by the process of impeachment only on the grounds of violation of the constitution.
The impeachment process can be started from any house of the parliament by levelling charges against him.
All the members of the parliament (elected + nominated) takes part in the impeachment process.
The notice bearing the charges against the president must be signed by at least a quarter of the members of the house.
Then, the notice is sent to the president of India and within 14 days the process of impeachment starts.
The resolution to impeach the president must be passed by a special majority (two-thirds) in the originating house.
Next, it is sent to the other house for consideration. The other house acts as the investigating horse. A select committee is formed to investigate the charges labelled against the president.
During the process, the President of India has the right to defend himself through authorised counsel. He can choose to defend himself or appoint any person/lawyer or attorney general of India to do so.
After the investigation by the select committee, if the other house also passes the resolution by a two-thirds majority, the President of India stands impeached,
This is a brief overview of the President Election for the UPSC Civil Services Examination. This topic is extensively discussed in our General Studies course for the UPSC Civil Services exam.
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