Election of President :
The President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by SECRET BALLOT.Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Every candidate has to make a security deposit of Rs 15,000 in the Reserve Bank of India.
The President is elected not directly by the people but by members of electoral college consisting of :
- The elected members of both the Houses of Parliament;
- The elected members of the legislative assemblies of the states; and
- The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
Thus, the nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature,which are 7 in numbers) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President.
Qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok Sabha.
4.He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
Salary and allowance :
Rs.1.50 lakh per month and the pension to 50% of his salary per month. In addition, the former Presidents are entitled to furnished residence, phone facilities, car, medical treatment, travel facility, secretarial staff and office expenses up to Rs. 60,000 per annum. The spouse of a deceased President is also entitled to a family pension at the rate of 50% of pension of a retired President, furnished residence, phone facility, car, medical treatment, travel facility, secretarial staff and office expenses up to Rs.12,000 per annum.
Privileges and Immunities :
He enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned. However,after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.
Term of President’s office :
The President holds office for a term of five years from the date on which he enters upon his office.However, he can resign from his office at any time by addressing the resignation letter to the Vice-President. Further, he can also be removed from the office before completion of his term by the process of impeachment.The President can hold office beyond his term of five years until his successor assumes charge. He isalso eligible for re-election to that office. He may be elected for any number of terms.
Impeachment of President :
The President can be removed from office by a process of impeachment for
‘violation of the Constitution’.The impeachment charges can be initiated by either House of Parliament. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President. After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the bill is so passed.Nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election;
‘violation of the Constitution’.The impeachment charges can be initiated by either House of Parliament. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President. After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the bill is so passed.Nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election;
No comments:
Post a Comment