Jul 21, 2022
Here’s our today’s edition of the Current Affairs Dialog box wherein we will discuss Elections to the Office of the President in detail.
Navigate through the article to get valuable insights on the topic and enhance your civils preparation. Its relevance to the CSE syllabus is mentioned below:
For Prelims: President of India, Eligibility and qualifications for the President, Elections to the office of President, Impeachment.
For Mains: Election process to the Office of the President, Impeachment process of the President.
Recently, 16th presidential elections were held to elect the new President of India.
Write a brief note on the Office of the President of India covering the aspects of eligibility, qualifications, elections and impeachment process.
The President of India is the Head of the state of India. Article 52 to Article 62 of the Constitution of India mentions the eligibility, qualifications, tenure and election to the office of President.
The elections to the office of the President are conducted and overseen by the Election Commission (EC) of India.
Also watch a detailed video on Ordinance Making Power of the President by M. Puri Sir.
Article 71 of the Constitution deals with “Matters relating to, or connected with, the election of a President or Vice-President”. It says that;
Article 56: Term of office of President; The President shall hold office for a term of five years from the date on which he enters upon his office. He may resign or may be removed.
Article 57: Eligibility for re-election; A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
Article 58: Qualifications for election as President. No person shall be eligible for election as President unless he:is a citizen of India, has completed the age of thirty-five years, and is qualified for election as a member of the House of the People.
A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Article 59: Conditions of the office of President.
The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of such house, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
The President shall not hold any other office of profit. The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and as specified in the Second Schedule.
The emoluments and allowances of the President shall not be diminished during his term of office.
Oath or Affirmation by the President
Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation (in the form mentioned in the constitution.)
Article 61: Procedure for Impeachment:
President can be impeached for violation of the Constitution.
The impeachment process can be started from any house of the parliament by leveling charges against him.
The notice bearing the charges against the president must be signed by at least one-fourth of the members of the house after a fourteen days’ notice.
The resolution to impeach the president must be passed by a special majority (two-thirds) in the originating house.
It is then sent to the other house for consideration. The other house acts as the investigating horse. A select committee is formed to investigate the charges labeled against the president.
The President shall have the right to appear and to be represented at such an investigation. He can choose to defend himself or appoint any person/lawyer or attorney general of India to do so.
If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
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