PRESIDENT OF INDIA — ELECTION, POWERS, FUNCTIONS AND CONSTITUTIONAL POSITION

PRERNA FOR IAS

         Mehnat Aapki, Guidance Humari

         Roz ki Prelims Practice — Experts ke Saath

PRESIDENT OF INDIA — ELECTION, POWERS, FUNCTIONS AND CONSTITUTIONAL POSITION

1. Constitutional Position

• Article 52 of the Constitution provides that there shall be a President of India.
• Under Article 53, the executive power of the Union is vested in the President and is exercised in accordance with the Constitution. (Legislative Assembly of India)
• The President is the constitutional head of the State, while the Prime Minister is the head of the Government.
• NCERT explains that the President ordinarily exercises nominal powers within India’s parliamentary system. (NCERT)

2. Election of the President

• The President is indirectly elected, not directly elected by citizens.
• The Electoral College consists of the elected members of both Houses of Parliament and elected members of State Legislative Assemblies, including the Assemblies of Delhi and Puducherry. (Election Commission of India)
• Nominated MPs and nominated members of State Legislatures do not participate.
• The election follows proportional representation by means of the single transferable vote, through a secret ballot. (Election Commission of India)

3. Qualifications

• Under Article 58, a presidential candidate must be a citizen of India, at least 35 years old, and qualified for election as a member of the Lok Sabha.
• The person must not hold an office of profit under the Union, State or specified public authorities. (Election Commission of India)

4. Term and Re-election

• The President holds office for five years from the date of entering office.
• A President continues until the successor assumes office and is eligible for re-election.
• A vacancy caused by death, resignation or removal must ordinarily be filled within six months. (Legislative Assembly of India)

5. Oath and Resignation

• The President takes an oath to preserve, protect and defend the Constitution and the law.
• The oath is administered by the Chief Justice of India, or in the Chief Justice’s absence, by the senior-most available Supreme Court judge.
• The President may resign by addressing the resignation to the Vice-President.

6. Executive Powers