THE UNION:PART – V OF INDIAN CONSTITUTION

PART V (Article 52 to 151)

 
Article 52 to 78 deal with the union executive.This includes the President,the Vice-President,the Prime Minister,the Council of Ministers and the Attorney General of India.

THE PRESIDENT

 
Article 52 says that “There shall be a President of India”. It is the highest executive authority.The Constitution vest with him all the executive powers of the union.All executive actions are taken on his name.He is the head of the state and represents the Republic of India.He is the first citizen of India.
PART - V (ARTICLE 52 TO 151) OF INDIAN CONSTITUTION: THE UNION ~GENERAL STUDIES 4 U
 THE UNION

QUALIFICATIONS

  1. Should be a citizen of India.
  2. Should have completed the age of 35 years.
  3. Should be qualified for becoming a Member of the Lok Sabha.
  4. Should not hold any office of profit under the Union Government or any State Government or any local authority or any public authority.However, a sitting President,Vice-President, the Governor of any state and a minister of the union or any state is not deemed to hold any office of profit and hence,qualified as a presidential candidate.

ELECTION

 
Article 54 and 55 deal with the election of the President,which says that the President is elected not directly by the people but by members of electoral college consisting of 
  1. The elected members of both the Houses of Parliament and Legislative Assemblies of states (nominated members of the house do not participate in the election).
  2. The elected members of the Legislative Assemblies of the Union Territories of Delhi and Punducherry (This provision was added by the 70th Constitutional Amendment Act 1992 with effect from June 1, 1945).
The Presidential Election is held through the system of proportional representation by means of single transferable vote and voting is by secret ballot.The candidate who gets more than 50% of vote is declared elected.
The Constitution provides that there shall be uniformity in the scale of representation of different states and union at the election of the President.To achieve this states have different representation in the presidential election.

FORMULA 

 
To secure uniformity among the states value of vote of an MLA = State Population /Total number of elected MLAs 1000
 
FORMULA To secure the uniformity between all the states on one side and the Parliament on the other side Value of vote of an MP= Total value of MLAs of all states/Total number of elected Members of Parliament (both Lok Sabha and Rajya Sabha).
Security depsit ₹ 15000 only.
Only Supreme Court enquires all disputes regarding presidential election.
President takes oath administered by the Chief Justice of India and is his absence,the oath is administered by the senior most Judge of the Supreme Court.

 TERM OF OFFICE

 
According to Article 56,the President holds office for a term of 5 years from the date on which he enters upon his office However, he can hold office beyond his term until his successor assumes charges.
Article 57
There is no limit as to how many times a person can become President.The President can resign from his office at any time by addressing the resignation to the Vice-President.Further,he can also by removed from the office,before the expiry of his tenure, through a special procedure called Impeachment.

IMPEACHMENT

 
Under Article 61 of the Constitution,the President can be impeached only on the grounds of violation of the Constitution.The President of USA can be impeached on several other grounds like, corruption etc.
The process may start from any House of the Parliament, either in Lok Sabha or Rajya Sabha.
The charges are contained in a notice which has to be signed by at least one-fourth of the total members of that house.
Notice is sent to the President before 14 days.
A resolution to impeach the President has to be passed by a 2/3rd majority of the total members of that house.It is then sent to the other house which investigates this through an authorized counsel.If the second house also approves the charges by a 2/3rd majority, the President is removed from the office.

VACANCY

 
In the case of vacant seat for any reason. e.g., expiry of his tenure of five years resignation,death,,removal by impeachment,then the Vice-President acts as the President.If he is not available, the Chief Justice of India and if not,then the seniormost Judge of Supreme Court.
If the office falls vacant by any of the reason,then the election to fill the vacancy should by held within six months from the date of such occurrence of vacancy.

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