CLASS :X

SUBJECT : CIVICS
TOPIC : THE PRESIDENT.

ANSWERS.
QUALIFICATION FOR ELECTION:
❖ He/She should be a citizen of India.
❖ He/She should have completed 35 years of age at the time of election.
❖ He/She should not hold any office of profit under the Union Government, state
government or a local body. Should vacate the post on the date of assuming
office as the PRESIDENT of India.
❖ He/She should be qualified foe election as a member of the Lok Sabha.
❖ His or her name should be proposed by at least ten electors and seconded by
another ten electors of the electoral college which elects the President of India.
COMPOSITION OF ELECTORAL COLLEGE
The President is elected indirectly by the members of an Electoral College consisting
of :
❖ The elected members of both Houses of the Parliament.
❖ The elected members of the Legislative Assemblies of the States including
National Capital Territory of and the Union Territory of Puducherry.
❖ Nominated members od either house of Parliament and state Assemblies are
not eligible to be included in the Electoral college.
ELECTION OF THE PRESIDENT.
❖ The manner and procedure of election of the President of India in Article 55 of the
Indian Constitution .
❖ The President is elected through an electoral college.
❖ There is a balance and parity between the weightage given to the votes by the
MPs and the MLAs. Two methods for counting are used.
❖ The weightage to be given to the vote is found by using the following equations.
Value of the vote of an MLA = Number of Elected Members of Legislative Assembly
-_____________________________________________
Population of the State
Value of vote of an MP = Total no. of votes=Tot. no. of votes of all MLAs of all States
________________________________________________

Number of elected MPs

❖ The election is held according to the proportional representation by means of a
Single Transferable Vote.( STV).
❖ These election are held by secret ballot system.
 ❖ The President takes the oath of office, which is administered by the Chief Justice of
India.
❖ Once the voting is done, the first preference votes are counted. The candidate who
gets absolute majority of votes is declared winner. In case, if no candidate is able to
get absolute majority, then the candidate who gets least votes is eliminated and his
second preference votes are added to other candidates. This process continues and
the candidate who gets absolute majority is declared elected.

REASONS FOR INDIRECT ELECTION:

❖ The President is elected indirectly in India as we have a Parliamentary form of
government.
❖ If the President was elected directly it might create an imbalance between the
Prime Minister, who has the real authority, and than the President.
❖ Indirect election of the President also ensure that it is an election conducted with
dignity as it should be.
❖ Indirect election also saves time, money and energy.
❖ Direct election based on Universal Adult Franchise would be a very difficult process
as if would involves a large percentage of our illiterate masses who may be not be
familiar with the essential features of a Parliamentary system.
TERM OF OFFICE :
The President shall hold office for a term of five years from the date on which he enters
upon his office. He shall continue to hold office, notwithstanding the expiry of his term,
until his successors takes charge.
PROCEDURE FOR IMPEACHMENT:
❖ The President can be removed from office only through the process of
impeachment.
❖ The President can be impeached only on the grounds of his/her violation of the
Constitution.
❖ Charges can be introduced in either House of Parliament with the support of ¼
members of the House.
❖ After 14 days the charges are investigated by the other House. The President has
the right to defend himself.
❖ If the charges are accepted by 2/3 members of the House, the President stands
impeachment and removed from office.

POWERS OF THE PRESIDENT:

EXECUTIVE POWERS.
❖ All executive orders are issued in his name. He appoints;
❖ The Prime Minister and the Council of Ministers on his advice.
❖ Governors od states, Lt. Governors and Chief Commissioners of the Union
Territories. The administration is conducted through officers appointed by him.
 ❖ The Chief Justice and the judges of the Supreme Court and all the High Courts.
❖ The Chairman and members of the Union Public Service Commission.
❖ The Controller and Auditor _ Generals of India.
❖ The Attorney_ General of India.
❖ The Chairman and members of the Planning Commission.
❖ The Chairman and members of the Economic Commission.
LEGISLATIVE POWERS:

❖ The President can summons , prorogue and dissolve the Lok Sabha or even call for
a joint session of Parliament.
❖ The President addresses the joint session of Parliament at the first session of a new
Parliament and the first session every year and outlines the government’s national
and international polices.
❖ President nominate 2 members of Anglo Indians Community to the Lok Sabha and
12 members to the Rajya Sabha for excelling in the field of art, literature, science,
social science, culture etc.
❖ Money Bills are introduced with the prior consent of the President. So he has to
give his assent when these come to him .
❖ A Bill becomes a law only after it gets the Presidential assent.
❖ The President may give his assent and the bill becomes a law or he may send it back
with some recommendations but the second time the President has to give his
assent.
❖ The President issue ordinance when parliament is not in session
BILLS THAT REQUIRE PRIOR RECOMMENDATION OF THE PRESIDENT.
✓ A Bill to alter the boundaries of the States or to change the names of the States.
✓ A Money Bill.
✓ A Bill seeking to draw from the Consolidated Fund of India.
✓ Any legislation involving items of taxation in which the States are interested or
one that seeks to reduce agricultural income etc.

EMERGENCY FUNCTIONS:
a. NATIONAL OR GENERAL EMERGENCY.
There is a danger of foreign aggression or danger to the peace and security of the
Country because of a civil war, insurgency or any other such cause.( Article 352)

b. BREAKDOWN OF CONSTITUTIONAL MACHINERY.

The Constitutional machinery in a State has broken down or there is a deadlock
Because of political uncertainties or otherwise. (Article 356)

c. FINANCIAL EMERGENCY.
A set-back to the financial stability or credit feasibility of the country is likely to
Occur or has occurred. (Article 360)
DISCRETIONARY POWERS:
❖ In appointing the Prime Minister from among the contenders when no single party
attains majority after elections to the Lok Sabha.
❖ A Council of Ministers is voted out and after resigning advises the President to
dissolve, the Lok Sabha and hold fresh elections.
❖ The president is expected to exercise his discretion in such circumstances as much
of the Lok Sabha’s life may still be intact and it is worthwhile to explore the
possibility of forming an alternative Government.
❖ Disqualifying members of the legislature when the Council’s acvice os not taken.
❖ President also has Veto power by which he can withhold or refuse to give assent to
Bill other than Money Bill passed by the President.

FINANCIAL POWERS:
1. Money Bills can be introduced only on the recommendation of the President.

2. The Annual Budget contains the estimates of income and expenditure of the
Union Government for the coming year. The Finance Minister on behalf of The
The President places the Annual Budget before Parliament.

3. The Annual Finance Statements is also laid before the Parliament in the beginning
Of every Financial Year on behalf of the President.

4. The President can authorise withdrawal of advances from the Contingency

Fund of India to meet unforeseen expenditure.
5. After every five years the President appoints a Finance Commission comprises
A Chairman and four other members.

JUDICIAL POWERS:

1. The President is not answerable before any Court of law for the exercise of the
powers and duties of his /her office.

2. No criminal suit can be initiated against him/her during his/her tenure of office.

3. The president has the power to grant pardons, reprieves or remissions of

punishment or to suspend, remit or commute the sentence of any person convicted for an
offence- death sentence, against law relating to Union or Concurrent Lists.