The Union Executive
The Constitution of India has adopted the British Model of the Parliamentary System (also called the Cabinet System) of responsible Government. On the question of the form of government, an opinion in the constituent assembly was initially divided. There were a few who advocate the adoption of the presidential system of government similar to that existing in the United States De America. A couple of members pleaded for the Swiss form of Collegiate Executive which combined the merits of both Presidential and Parliamentary systems by providing stability and responsibility at the same time. As against these, the overwhelming majority was decisively in favour of the Cabinet system of government.
The President Of India
India has adopted a Parliamentary System of Government. Under this system, the Executive is responsible to the Legislature. Under British rule, the British model of Parliamentary form was introduced in India, and after independence, it was thought by the framers of the Constitution that the same system of government should continue. Hence, today, we have a parliamentary system of government with an indirectly elected President as the Constitutional Head of the State.
Position Of The President
Article 52 of the Constitution says that there shall be a President of India. The position of the President in the scheme of our Constitution is one of highest honour, dignity and prestige. The President is the head of the Republic. He holds the most exalted office in the hierarchy of the country, which naturally carries with it, great prestige. The President personifies the unity and the solidarity of the nation and the abiding continuity of its existence.
Check out Polity notes in detail.
Powers Of The President
Article 53 of the Constitution states that the Executive Power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. The term ‘Officers subordinate’ is also supposed to include Ministers. All executive action of the Government of India is taken in his name.
Qualification For Election
Article 58 stipulates that no person shall be eligible for election as President unless he a) Is a Citizen of India b) Has completed the age of 35 years and
Is qualified for election as a member of the House of People.. A person shall not be eligible for election as a President if he holds any office of profit under the government of India or the Government of any State or under any local or other authority subject to the control of any of the said governments. Holders of certain officers are, however, exempted from this principle.
1) the President and the Vice-President of the Union
2). the Governor of any State
3) Ministers either of the Union or of any State (Article 58.
The qualifications laid down for the office of the President of India are very simple. Ang natural born or naturalized citizen who has completed the age of 35 years, and qualified förin. election as a member of the House of Peoplerifboka Sabhabcan contest for this office. He, however, must not hold any office of profit under State (brithe Central government or any local or other authority, subject to the control of the said governments. However, the Constitution exempts r. certain offices like the President, Vice President, Governor and Ministers from the above clause, Vice-President, Governor, and more
Requirements For Valid Nominations
Article 58, which lays down the qualifications for eleétion Tas President is silent about the requirements for a valid nomination. these requirements have been incorporated in the rules framed under the Presidential and vice-presidential Elections Act 1952 (subsequently amendment in 1974). The main requirements of the Acpareidential Ejectos et Vous
A nomination paper for election to the office of President of India should be completed in the prescribed form, subscribed by the candidate as assenting to the nomination and also by at least fifty electors as proposers and at least fifty electors as seconders. The requirement: has been held to be in order because Article 58 provides only the qualifications for eligibility ts. and not the requirements for a valid nomination (As stated by the Supreme Court;in : Charan Lal Sahu Vs. Neelam Sanjeeva Reddy 19 Each nomination paper should be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an elector
Electoral College For The President
According to Article 54, the President shall be elected by the members of an Electoral College consisting of
- The elected members of both the Houses of Parliament and The elected members of the Legislative Assemblies of the state.
- The President of India is indirectly elected by a body of electors forming the Electoral College.
The elected members of both Houses of Parliament and the elected members of the legislative assemblies of the States constitute the Electoral College for the presidential election. Thus, the Indian President is not wholly elected by one legislative body, e.g., Parliament nor is he elected by an electoral college the members of which are chosen solely for electing the President, as in America. It is to be noted that the nominated members to the Parliament, th state legislative council (in whichever state the legislative council exists) and the members of the Union territories are not allowed to participate in the election of the President.
Manner Of Election For President
The manner of election of the President as enumerated in Article 55(1) of the Constitution is based on two principles namely
a) The states are given uniform or near-uniform representation
b) Parity is established between the states and the union
The idea behind these principles is that since India is a federation, it is necessary that The ideas Preşident should not only represent the nation as a whole but also the people in the different states of the union. This method has strengthened the federal idea, of the Union
Eligibility for re-election Of The President
A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, is eligible for re-election to that online. Our Constitution does not place any bar on the re-election of the same person to the police of the President. He may be elected for any number of terms. The Irish Constitution prohibits re-election for more than two terms. The Constitution of the United States of America, as originally enacted, said nothing about the re-election of the terms of the President. Now the U.S. Constitution implicitly bars the election of the same person more than twice to the office of the President. In India, after the first President of India, Dr. Rajendra Prasad, who was elected twice, all other Presidents have been elected only for one term.
Here are some important notes on the President’s Oath, Conditions Of Office, Termination, And Powers.