Federal Executive: President and Vice President

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Federal Executive: President and Vice President

The Indian constitution states that there will be a President of India. The power of the federal executive will be vested in the President and he will use it according to the constitution by himself or by subordinate officials. Thus the federal executive will have the President and Council of Ministers. The President will be the formal head of the executive and the Council of Ministers will be the de facto head of the executive.

qualifications for president

Presidential Qualifications: – The de facto head of the President elected in the Constitution.
Presidential Qualifications: – In the Constitution, the following qualifications have been prescribed for a person to be elected to the post of President.

  • He should be a citizen of India.
  • He has completed the age of 35 years.
  • He has the ability to be elected a member of the Lok Sabha.

Apart from this, no person who is an officer under the Government of India, State Government, or any local government, can be a candidate for the post of President. In this regard, the President of the Union, the Vice-President, the Governor of the State, and the Ministers of the Union and the State shall not be deemed to be government officials. The President shall not be a member of any House of the Indian Parliament or the Legislature of the States. If he is a member of them before the election, then from the date of the election, his place will be deemed to be vacant from that assembly. The President cannot assume any other salaried position during his term of office.

election of the president of India

For the election of the President, the method of direct election has been adopted, but the method of indirect election has been adopted. The President shall be elected by an electoral college consisting of (1) elected members of both houses of parliament, and (2) state legislatures and elected members of the legislative assemblies of federal territories pursuant to the 70th Constitutional Amendment (1992). Assemblies of states and now federal territories have been included in the electoral college of the President because the President is the head of not only the central government but the entire Indian Union.

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The election of the President by the elected members of the Parliament and the Legislative Assemblies of the States and the Union Territories shall be done according to a special vote method, which is called the single transferable vote method of proportional representation. (Single Transferable Vote System). Voting in this election will be by secret ballot and for the candidate to succeed in the election, it is necessary for the candidate to get the ‘minimum quota‘ (Quota). This formula is adopted to determine the ‘minimum quota’.

  • Number of votes polled
  • Minimum Quota

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The number of representatives to be elected 1The minimum quota has been arranged so that a person can get the post of the president only after getting a clear majority. A special thing about the election of the President is that the vote of each member of the electoral college is not equal. The value of the vote of each member is determined on the basis of the following two principles:

  • First, the members of the Legislative Assembly of some states (large states) of the Indian Union represent a large population and the members of the Legislative Assembly of some states represent a very small population. He represents.
  • The second principle has been adopted that the center and states should have an equal share in the election of the President. Therefore, the number of votes of all the members of the legislative assemblies of all the states and federal territories should be given by the members of Parliament.

Number of elected members of both houses of parliament

In the election of the President, the influence of all the states was uniform on the basis of population and the assemblies of all the states collectively had the same effect as the Federal Parliament. The sum of the number of elected members of all the legislatures represents all the people of India and similarly, the members of both the Houses of Parliament also represent the entire people of India, so it is appropriate that these two parties, which are equally in India Represent all the people, have equal power in the election of the President.

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Votes are counted on the basis of the value of such votes and if in calculating the first preference votes no candidate gets more than 50 percent of the votes required to win, then the votes of the second preference are counted on the basis of the election. Is decided by The fifth election of the Indian President was held in August 1969, in which the counting of votes of the second preference was also necessary. In order to understand the entire process of the presidential election, the example of the 1969 presidential election is more important.

The possible election of President even after the dissolution of Assembly

The Gujarat Assembly was dissolved in 1974, when the President was to be elected, hence the question arose whether a presidential election could be held in the event of the dissolution of the Gujarat Assembly. In this regard, the President on April 29, 1974, sought consultation with the Supreme Court under Article 143 and the Supreme Court in its consultation stated that “Presidential election must take place before the term of the current President ends and one or more These elections can also be held in the event of dissolution of the assembly of the states.

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election of Vice President

The post of Vice President has been arranged in the 63rd Article of the Indian Constitution. The Vice-President is elected by a single transferable vote and by secret ballot according to the proportional representation method by the members of the electorate consisting of members of both houses of Parliament.
Article 71 mentions that any dispute related to the election of the Vice President will be decided by the Supreme Court. His decision will be final. If his election is declared invalid by the court, the work done in the exercise of the powers of his post will not be invalid.

Qualifications of Vice President: –

Candidates for this post must have the following qualifications:

  • (1) He should be a citizen of India.
  • (2) He should be at least 35 years of age.
  • (3) He has the ability to be elected a member of the Rajya Sabha.
  • (4) He cannot hold any office of profit. post of profit under the Government of India or a State Government or under any local or other authority under the control of any of the said Governments.)
  • (5) He cannot be a member of either House of Parliament or any House of State Legislature and if such person is elected Vice-President, it shall be deemed that he has vacated his place in that House from the date he assumes office.

Term of office of Vice President: –

The term of the Vice President is five years but before this term. After addressing the President, he can voluntarily leave his post. He can also be removed from the resolution passed by the total majority of the Rajya Sabha, which the Lok Sabha also accepts. But it is necessary to give notice of such a proposal 14 days in advance. The Vice-President will hold his office until his successor takes over his office. In India, the Vice-President holds the presidency only temporarily. It is necessary to elect a permanent president as soon as possible.

Salary, allowances and pensions of the Vice President: –

In August 1998, Parliament passed an amendment bill, raising the salary of the Vice President to Rs 40,000 monthly. Apart from this, they get a monthly allowance of Rs 1,000 and other facilities to the Union Ministers. Parliament first passed the Act and in 1997 arranged a pension for the Vice President, now in December 1999, Parliament has increased the pension of the Vice President on the basis of the Act. Now the Vice President’s pension is 20 thousand rupees. 12 thousand per month and office expenses. Has been done every year.
Re-election of the Vice President: There is no restriction on the re-election of the Vice-President but no person other than Dr. Sarvepalli Radha Krishnan has been re-elected to the post of Vice-President.
Pledge of the Vice President: – The Vice President has to take an oath before the President or any person appointed by him before assuming his office.

Vice President’s functions and powers

As the Chairman of Rajya Sabha: – The Vice-President is the ex-officio Chairman of the Rajya Sabha. Its general function is to preside over the meetings of the Rajya Sabha. The Vice-President, since he is not a member of the Rajya Sabha, does not have the right to vote, but has the right to vote decisively as Chairman.
Functioning as Executive President: – According to Article 65, the President is in a state of vacancy or absence from his office due to death, resignation, or removal from office or due to other reasons when the President is unable to perform his functions. The Vice President will serve as the President. In the period when the Vice-President serves as the President, he will get the achievements and allowances of which the President is an officer.

The period in which the Vice-President serves as the President. He shall not perform the functions of the post of Chairman of the Rajya Sabha. When the Vice-President serves as the President, he shall have all the powers, immunities and privileges of the President.

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