Election Process of President in India

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The President of India occupies a special place in the Constitutional system. He is the head of the state and symbol of the Nation.

History:

Designation of the Head of the Union: The Shyam Prasad Mukharjee suggested the term “Rashtrapati” because he/she going to construct India as “Rshtra” i.e. sovereign Democratic Republic. Beside that Mr Panikkar suggested designation “President”.

Election : Union Constitutional Committee welcome the suggestion given by Shri N. G. Ayyangar, the President of India should be elected neither by Parliament nor direct Universal suffrage but member of legislature as well as fixed percentage of the total population of the Provinces and of the Indian States and the finally Union Constitutional Committee took decision that the President election would be indirectly through an electoral college consisting of all elected members of legislature of the country.

Article 54 and 55 deals with Election of President.

Election Procedure of Preside of India: The President of India is elected by the Members of electoral college consists of

a) the elected members of both Houses of Parliament and

b) the elected members of the Legislative Assemblies of the States including Union Territory Delhi and Puducherry

Except the members nominated of either House of Parliament or the Legislative Assemblies of the States are not eligible to participate.

Qualification:

Article 58 prescribed the qualification to elect the office of the President of India;

a) He must be a citizen of India.

b) He must have completed the age of 35 years.

c) He must be qualified for election as a member of the House of the People.

d) He must not hold any office of profit under the Government of India, or the Government of any State or under any local or other authority subject to control of any of the said Governments.

Article 56 says that the President shall hold the office for five years from the date on which he enters upon his office. Even after expiry of his/her term, he/she shall continue to hold office until his/her successor enters upon his/her office. The President of India can be eligible for re-election and may elect any number of terms. But in America, the President cannot be elected more than twice. The President of India may resign his/her office before expiry of term by writing to the Vice-President. He/She may be removed from his/her office for violation of the Constitution by the process of impeachment.

Article 59: It says that the President of India cannot be a member of either House of Parliament or of a House of the Legislature of any State. The President of India shall not hold any other office of profit.

Article 60 says that the President has to take an oath or an affirmation in the presence of the Chief Justice of India, or, in his absence, the senior most Judges of the Supreme Court of India available.

Article 61 lays down the procedure of the impeachment of the President. The President can be removed from his/her office by a process of impeachment for the violation of the Constitution. The impeachment process can be initiated by either of House of Parliament. The resolution signed by not less than 1/4th of the total number of members of the House and moved after giving at least 14 days advance notice.

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