Article 52 - ere a be pr ident of In a.
President is executive head of nation and all decisions of union executive taken under the name of
president because of article 53
Quali cation To cont t to o ce of pr ident :
1) Must be citizen of India not less than 35 years .
2) He must be qualified to be elected to member of Loksabha.
3) He should not hold office of profit under state.
Notes: If president elected is MP/MLA/MLC,he is deemed to have vocated his seat before
entering the office of the president.
Term of o ce of pr ident :
Term of office of president is 5 years and he can get re -elected for N of times .
If there is vacancy in the office of president due to death,Impeachment or
resignation of president then -
A)The next presidential election must be conducted within 6 months till the
time there is vacancy in the office of president .
fi
ffi
Th
the
es
sh
ll
es
ffi
es
es
di
B) Till vice president act as a president by taking oath conducted.
Manner of election of pr ident :
The procedure of election of president is borrowed from the constitution of
Ireland.
The president of India is elected indirectly by an electoral college by
proportional representation system ( single transferable vote system).
Voters:
Elected members of Loksabha ,Rajya Sabha, State legislative assembly,and
members of legislative assembly of Delhi and Puducherry
Note : if any assembly is dissolved, the members are ceased to be qualified to
vote until if new assembly is formed before presidential election . And if
assembly is suspended not dissolved they will participate in elections.
e pr ident elected by bo members of ate and
nation ows federal character of In a .
Returning o cer : secretary general Loksabha and RajyaSabha are the
ex- officio returning officer for presidential and vice presidential elections.
The nomination paper of the presidential election candidate shall be supported
by not less than 50 proposers and 50 seconders.
Supreme Court hear the dispute on presidential election and decision is final and binding if in
case the election of president is declared invalid or void on any ground then the decision
taken in his name prior that shall not become invalid on this ground .
Only one time we go for second round of counting in 1969 ( v.v. Giri )
Impeachment of pr ident : A icle -61
Impeachment of president is borrowed from constitution of USA
Th
th
es
is
sh
ffi
is
es
the
es
rt
th
st
di
* Impeachment of president is legislative action where as removal of sc
judge ,CAG,Etc removed because of it is executive decision .
A ent to leg lation by pr ident :
A) Bill under Article 368([Link])
B) Money bill
C) Financial bill
D) Ordinary bill
Constitutional amendment bill :
If passed by parliament & presented to president then he has no choice
but to give assent to bill.
Money bill :
Money bill presented to the president after being passed by parliament
then under convention he gives his assent to [Link] money bill can’t
send for reconsideration of the parliament.
President may put absolute veto over money bill but only when asked
by union council of ministers .
ss
is
es
Ordinary bill and financial bill :
In case of ordinary or nancial bill passed by parliament and sent to
president then he for assent president shall have the following actions -
Assent- president may give assent to the bill and bill become act.
D cretionary powers of In an pr ident :
President has many discretionary powers , which are power
that can be exercised without aid and advice of council
of ministers .some of these powers are described below-
A) under A icle 72- clemency powers of president.
Power of President to grant pardons, etc., and to suspend,
remit or commute sentences in certain cases
is
rt
fi
di
es
Procedure to exerc e e powers:
But accor ng to Pranav mukherjee it scretionary power
Note : Judicial review is can be done on president power under article 72 on
limited ground.
di
is
th
es
is
di
B)Under A icle 85- presidents can summon parliament in such a
way that no more than 6 month period lapse between 2 successive
sessions of the parliament.
Note : during normal situations presidents summon sessions on
advice of council of ministers. By convention three regular sessions
in a year .
C)Pr ident of In a us pocket and su ensive veto in h o
scretion.
D)Under A icle 78 : Prime Minister has a duty to inform
president about the affairs of administration and the proposed
legislation and president can use his discretion to call upon the
prime minister and ask for the information.
E)When no political party or coalition of political parties
enjoys majority in loksabha then the president may enjoy
the discretionary powers to invite the leader of any political
party to form government.
F) president can dissolve loksabha with advise of com ( if in
majority in LS) otherwise its discretion Of president to
dissolve the LS.
G) During care taker government president decides day to
day Administrative decision.
di
es
rt
rt
di
es
sp
is
wn
H) under A icle 78(c): president in his discretion can refer
the individual decision of a minister for the collective
consideration of the council of ministers in order to ensure
the collective responsibility.
✌ Power of or nance making : under a icle 123.
Ordinance making power of the president enables the smooth
functioning of the government in rapidly changing
environment.
Ordinance are made if either of the Houses of Parliament are
not in session. Ordinance making power is in reality power
of the COM.
1)Executive violation of separation of power .
2)used to issue a new legislation or Amend or repeat already
existing ordinance
3)for once president can send it for reconsideration to com .
rt
di
rt
