Single Transferable Vote System:
The election of the President is held through singletransferable vote system of proportional representation. Under this system names of all the
candidates are listed on the ballot paper and the elector gives them numbers according to his/her
preference. Every voter may mark on the ballot paper as many preferences as there are
candidates. Thus the elector shall place the figure 1 opposite the name of the candidate whom
he/she chooses for first preference and may mark as many preferences as he/she wishes by
putting the figures 2, 3, 4 and so on against the names of other candidates. The ballot becomes
invalid if first preference is marked against more than one candidate or if the first preference
is not marked at all.
Electoral College which elects President consists of:
 Elected members of both the Houses of Parliament (does not include nominated
members)
 Electoral College which elects the President consists of elected MP’s and elected
MLA’s at the state level
 MLA of National Capital Territory of Delhi and the Union territory of Pondicherry are
also included
 The election is held by means of single transferable vote system of proportional
representation. The voting is done by secret ballot.
 The term of President is five years.
The qualifications for the office of President are:
 Should be a citizen of India.
 Should have completed the age of 35 years.
 Should be qualified to be elected as a member of Lok Sabha.
 Should not hold any office of profit i.e. the candidate should not be a government
servant. However the office of the President, the Vice-President, the Governor or the
Minister of the Union or the State is not considered as an office of profit for this
purpose.
Time of holding Presidential Elections
A. An election to fill a vacancy caused by the expiration of the term of office of President
shall be completed before the expiration of the current term.
B. An election to fill a vacancy in the office of President occurring by the reasons of death,
resignation or removal, or otherwise, should be held within 6 months from the date of
occurrence of vacancy.
Conditions of President’s office
C. Article 59 of the constitution lays down the conditions
D. The President cannot be a member of either of House of Parliament or State Legislature
when holding the office of President
E. The President cannot hold any other office of profit
F. Parliament by law will determine the salary of the President
Privileges and Immunities
a. The President cannot be asked to be present in any court of law during his tenure.
b. A prior notice of two months’ time is to be served before instituting a civil case against
him
c. The President can neither be arrested nor any criminal proceedings be instituted against
him in any court of law during his tenure.
d. The President is not answerable to any court of law for the exercise of his functions.
Removal of the President: The President can only be removed from office through a process
called impeachment. The Constitution lays down a detailed procedure for the impeachment of
the President.
Procedure: The resolution to impeach the President can be moved in either House of
Parliament. Such a resolution can be moved only after a notice has been given by at least one-
fourth of the total number of members of the House. Such a resolution charging the President
for violation of the Constitution must be passed by a majority of not less than two-third of the
total membership of that House before it goes to the other House for investigation. The charges
levelled against the President are investigated by the second House. President has the right to
be heard or defended when the charges against him are being investigated. The President may
defend himself in person or through his counsel. If the charges are accepted by a two-third
majority of the total membership of the second House, the impeachment succeeds. The
President thus stands removed from the office from the date on which the resolution is passed.
The Executive Powers and Functions of the President are:
1. All executive actions of the Government of India are formally taken in his name.
2. He can make rules specifying the manner in which the orders and other instruments
made and executed in his name shall be authenticated.
3. He can make rules for more convenient transaction of business of the Union
government, and for allocation of the said business among the ministers.
4. He appoints the prime minister and the other ministers. They hold office during his
pleasure.
5. He appoints the attorney general of India and determines his remuneration. The attorney
general holds office during the pleasure of the President.
6. He appoints the comptroller and auditor general of India, the chief election
commissioner and other election commissioners, the chairman and members of the
Union Public Service Commission, the governors of states, the chairman and members
of finance commission, and so on.
7. He can seek any information relating to the administration of affairs of the Union, and
proposals for legislation from the Prime Minister.
8. He can require the Prime Minister to submit, for consideration of the council of
ministers, any matter on which a decision has been taken by a minister but, which has
not been considered by the council.
9. He can appoint a commission to investigate into the conditions of SCs, STs and other
backward classes.
10. He can appoint an inter-state council to promote centre–state and inter-state
cooperation.
11. He directly administers the union territories through administrators appointed by him.
12. He can declare any area as scheduled area and has powers with respect to the
administration of scheduled areas and tribal areas.
0 Comments