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Brain-booster / 20 Jul 2022

Brain Booster for UPSC & State PCS Examination (Topic: President of India)

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Why in news?

  • Recently NDA candidate Draupadi Murmu has filed nomination for presidential election in India.
  • Indian President is the head of the state (article 52) and also is the first citizen of the country.
  • He is a part of union executive along with the vice President, Prime Minister, union council of ministers.

Election of President

  • Article 54 of the Indian constitution says that there shall be no direct election for the Indian President.
  • The principle of election is called Proportional Representation with means of a single transferable vote.
  • It is a secret ballot system of voting.
  • An electoral college elects president of India. The Electoral College responsible for President’s elections comprises elected members of:
  1. Lok Sabha and Rajya Sabha
  2. Legislative Assemblies of the states
  3. Legislative Assemblies of the Union Territories of Delhi and Pondicherry
  • Once President is elected, he holds office for five years. He can also be re-elected and there is no cap on his re-election (article 57).

Qualification of President (Article 58)

  • He should be the citizen of India.
  • His age should be a minimum of 35 years.
  • He should qualify the conditions to be elected as a member of the Lok Sabha.
  • He should not hold any office of profit.
  • Article 60 says about oath or affirmation that is taken by the president while article 61 tells the procedure for the impeachment of president.

Powers of President: Executive Powers

  • Every executive action that the Indian government takes is to be taken on his name.
  • He appoints the attorney general of India.
  • He appoints the following people on the recommendation of council of ministers:
  1. Comptroller and Auditor General of India (CAG)
  2. Chief Election Commissioner and other Election Commissioners
  3. Chairman and members of the Union Public Service Commission
  4. State Governors
  5. Finance Commission of India chairman and members.
  6. He appoints National Commissions Scheduled Castes, Scheduled Tribes and Other Backward Classes.
  7. He appoints inter-state council.

Legislative Powers

  • He summons or prorogues Parliament and dissolve the Lok Sabha.
  • He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock.
  • He addresses the Indian Parliament at the commencement of the first session after every general election.
  • Article 123 of Indian constitution deals with the ordinance making power of eth President.

Judicial Powers

  • He appoints CJI and other judges of Supreme Court and also appoints chief justice of high courts and other judges.
  • He takes advises from Supreme Court however, those advises are not binding on him.
  • He has pardoning power under article 72.

Other Powers

  • He has some financial powers like prior recommendation is must on money bill, gives permission to lay Union Budget before the Parliament and He constitutes the Finance Commission every five year.
  • President is the supreme commander of defence forces like army, navy and air force.
  • He has three types of emergencies power such as National Emergency under article 352, President’s Rule in the states under article 356 and Financial Emergency under article 360.
  • President has diplomatic powers for e.g. every International Treaty and agreement that is approved by the Parliament is negotiated and concluded on his name.