Parliamentary form of government in india the constitution powers and status of the president of india
Answers
Answer:
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Explanation:
India has a Parliamentary form of Government which is based on the British system therefore, there are two Houses of Parliament in India and the President which together comprise of the Parliament. In India, the President has the same position as the Queen or King of England enjoys and therefore he is the nominal or titular Head of the State. As the Head of the State, he enjoys a wide variety of powers and thus the Constitution of India also provides many provisions about the position of the President of India.
The President of India
Article 52 of the Indian Constitution provides that there shall be a President of India. Thus, the position of the President is provided for in the Constitution. Under Article 53, the executive powers of the Union are vested in the President and therefore, he plays an important role in the governance of India.
How is the President Elected?
In India, the President is elected by elections. These elections of President are indirect in nature which means that the people of India do not directly vote for the President but the representatives of the people vote for him.
What are the Qualifications of a President?
In Order to contest the elections of a president, there are certain qualifications which a person has to possess in order to be eligible for the position of President of India. Article 58 of the Constitution provides that for a person to be eligible for the post of President of India should be a citizen of India, is at least 35 years of age and is qualified to be a member of the Lok Sabha. Also, if a person holds any office of profit, then he cannot be allowed to be elected as the President.
A President is conferred with Executive powers of the Union and therefore, he cannot be a member of any State or Union Legislature and if a person who is elected as the President is a member of a legislature at the time of his election, he is deemed to have vacated his seat when he enters the office of President. (Article 59)
What is the manner of Election of the President?
As stated earlier, the election of President is not done by direct votes of the people. Article 54 provides the manner of election of the President. This article provides that there should be an Electoral college which includes the Elected Members of the Houses of Parliament and the Elected Members of the State Legislative Assemblies. Thus, in the Electoral College, the nominated members of the legislature are not allowed to vote for President.
The system of Proportional voting is adopted for this election, in which the number of votes is provided in proportion to the population of the state in case of State Legislature Members and the Members of Parliament get their number of votes by dividing the total votes of the State Legislature with the total number of elected members of Parliament.
For e.g. to find the number of Votes for the members of Legislature of a State, the total population of the State will be divided by the number of elected members. The quotient which will be obtained will be divided by 1000 to find out the multiples of 1000. If the quotient is 10,55,000 then after dividing it by 1000, we get 1055. So each member of the Legislature will get 1055 votes. Similarly to get the votes for Members of Parliament, the total votes of all the State legislature will be divided by the total number of members of Parliament who have been elected.
There is a single transferable vote which is cast by every elected member of the legislature through a secret ballot. The representatives of the People have to give their votes on the basis of preference. For e.g., if there are four candidates for the election A, B, C and D then each member will select his first preference, the second preference and so on. If after the count no majority is established, then the candidate with the least amount of votes will be removed and his votes will be transferred to the other candidates. So, if C gets the least number of votes his votes will be transferred to A, B and d based on preference. This will continue until one candidate secures majority and he will be elected as the President.
Who administers the Oath of the President?
After being elected, the President has to take an oath before entering his office. This oath is administered by the Chief Justice of India and if he is not able to administer it by some reason, then the senior most judge of the Supreme Court administers the Oath. (Article 60)
What is the tenure of the President?
The person after being elected takes charge of the office of President. Article 56 provides the provision regarding tenure or the term of the President. According to this Article, the President holds his office for a period of 5 years from the date of entering the office. The President can continue to hold his office even after the end of five years till the time the next elected person takes charge of the office.
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