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The President of India – Election, Powers, and Tenure

Article 52: The President Of India

There would be a President for free India.

Article 53: Executive Power Of The Union

Article 53 mentions that the President may exercise his abilities promptly or by secondary authority, with some peculiarities, all the executive sovereignty conferred by the President are, in policy, practised by the Council of Ministers.

Article 54: Election Of President

The President would be authorised by the electoral college members comprising of

  1. The elected members of the  Parliament and
  2. The elected members of the States Legislative Assemblies

Article 55: Description Of The Presidents Election

  1. There would be consistency in the representation scale of the various states when the President is elected
  2. For the objective of conserving such consistency and parity in the states on the whole and as a Union, the volume of votes that every member of the Parliament who is elected and the legislative Assembly’s member of every state is authorised to give out at election would be specified in this manners
  3. Every member elected by the States Legislative Assembly would amass as many votes as there would be one thousand multiples in the answer obtained by splitting up the state’s population by the cumulative assemblies elected members.
  4. When after obtaining a thousand multiples, the remnant isn’t diminutive of five hundred, the voting of every member cited in the first sub-clause would be further heightened by one.
  5. Every member who is elected by the parliament House would have such volume of votings as obtained by halving the cumulative number of votes allocated to the States Legislative Assemblies members under both sub-clauses by the cumulative amount of the members elected by both Parliament Houses, percentages exceeding one-half standing computed as a whole and other percentages being condoned.
  6. The President’s election would be carried out in congruence with the policy of equal representation by norms of the solitary transferable voting. The votes at these elections would be by confidential ballot.

Article 56: Presidents Tenure Of Office

  1. The President would keep the office for 5 years from entering the office provided
  2. The President, in writing, communicated to the Vice President to resign his responsibility.
  3. The President, because of infringement of the Indian constitution, be eliminated from office through the impeachment procedure provided in the Article 61
  4. The President does not withstand the cessation of his tenure and continues to occupy office till his beneficiary enters his department.
  5. The President would disseminate any submission communicated to the Vice-President according to clause (1) to the House of People’s speaker.

Article 57: Re-Election Eligibility

Anyone who holds the President’s office would be competent for re-election based on the other requirements of the Constitution.

Article 58: Qualifications For Presidential Election

Nobody would be competent for Article 54: Election Of President unless

He is an Indian citizen.

He has attained thirty-five years of age.

He is entitled to the House of the People membership.

A person would not be competent for the Presidential election if he holds a profit office under the Administration of India. 

Article 59: President’s Office Conditions

  1. The President would not be the member of the House of Parliament or the House of Legislatures .
  2. The President would not keep any other profit office.
  3. The President would be authorised without rent payment for the benefit of his authorised residences. He would also be authorised to such privileges, emoluments, and allowances inferred by Parliament, and until a prerequisite in that area is made, such privileges, emoluments, and allowances are stipulated in Schedule 2.
  4. The allowances and emoluments of the President would not be reduced during his office tenure.

Article 60: Presidents Affirmation or Oath

A President would, before entering his office, pledge in the Chief Justice’s presence or another senior Judge available in his absence, an affirmation like this swearing in God’s name / solemnly affirm that he would faithfully implement the President’s office (or acquit the role of the President) and he would preserve, defend and protect the law and the Constitution and that he will commit himself to the well-being and duty of India’s people.

Article 61: President’s Impeachment Procedure

  1. When the President has to get impeached because of the infringement of the Constitution, the indictment would be chosen by one of the Houses of Parliament
  2. Charges would not be yearned unless
  3. The recommendation to choose such a penalty is encompassed in an explanation which is shifted after a notice that is given in writing after nearly fourteen days. It is approved by at least a quarter of the cumulative House members. It is allotted of their discretion to shift the determination.
  4. A result has been upheld by a plurality of at least two-thirds of the cumulative House membership.
  5. When a penalty is chosen by either Parliament House, the other Parliament House shall analyse the cause or charge that must be examined. The President would have the privilege of being exemplified in an investigation like this.
  6. When as a consequence of the inquiry, a solution is upheld by at least two-thirds of the cumulative House membership through which the penalty was scrutinised or effected to be explored, proclaiming that the penalty chosen for the President is sustained. A resolution like this would have the fallout of eliminating the President from when the resolution was passed.

Article 62: Election Holding Time To Fill The Office Vacancy Of The President And His Tenure Of Office

  1. An election in order to restore a vacancy inflicted by the cessation of the tenure of the President’s office would be finalised before the cessation of the tenure.
  2. Article 54: Election Of President in order to restore an opportunity in the President’s office occurring by the justification of his demise, capitulation or expulsion, or otherwise would be wielded asap. It should be within six months of the vacancy. The person who got elected to restore the vacancy would be liable to the prerequisites of Article 56. He should be authorised to keep office for five years.

Conclusion

The Constitution of India is a guideline to enforce all laws that are formed in India. These articles include the fundamental structure to govern the country. By abiding by the laws, we as citizens ensure the proper functioning of the government, which results in smooth running, which is beneficial not just for the government but also for the citizens. It helps maintain peace and harmony in our country.

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Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

What is Article 53?

Ans : Article 53 mentions that the President may exercise his abilities promptly or by secondary au...Read full

Who are the electoral college members?

Ans : The electoral college has the members that are elected by both Parliament Houses and the memb...Read full

How much time do they have to fill the president's office vacancy in case of his demise?

Ans : The vacancy for the President’s office should be filed within six months of his demise....Read full

In what scenario does the President's impeachment happen?

Ans : The President is impeached if he in any way violates the Constitution of India.