The President of India (Articles 52-62)

Part V of the Constitution (The Union) under Chapter I (The Executive) drills down the capability, political race, and reprimand of the President of India.

The President of India is the head of the condition of the Republic of India. The President is the proper top of the leader, governing body and legal executive of India, and is additionally the president of the Indian Armed Forces.

Despite the fact that Article 53 of the Constitution of India expresses that the President can practice their forces straightforwardly or by subordinate position, with not many special cases, the entirety of the chief power vested in the President are, by and by, practiced by the Council of Ministers (CoM).

Part V The Union

Part I The Executive

ARTICLE 52: THE PRESIDENT OF INDIA

There will be a President of India.

ARTICLE 53: EXECUTIVE POWER OF THE UNION

(1) The chief intensity of the Union will be vested in the President and will be practiced by him either legitimately or through officials subordinate to him as per this Constitution.

(2) Without bias to the consensus of the prior arrangement, the preeminent order of the Defense Forces of the Union Shall be vested in the President and the activity thereof will be directed by law.

(3) Nothing in this article will –

(a) be esteemed to move to the President any capacities gave by any current law on the Government of any State or other position, or

(b) keep Parliament from giving by law capacities on specialists other than the President.

ARTICLE 54: ELECTION OF PRESIDENT

The President will be chosen by the individuals from a constituent school comprising of –

(a) the chosen individuals from the two Houses of Parliament; and

(b) the chosen individuals from the Legislative Assemblies of the States. Clarification: In this article and in article 55, "State" incorporates the National Capital Territory of Delhi and the Union region of Pondicherry.

ARTICLE 55: MANNER OF ELECTION OF PRESIDENT

(1) As far as practicable, there will be consistency in the size of the portrayal of the various States at the appointment of the President.

(2) For the reason for making sure about such consistency among the States bury as just as equality between the States all in all and the Union, the number of votes which each chosen individual from Parliament and of the administrative Assembly of each state is qualified for the cast at such political race will be resolved in an accompanying way; –

(an) each chosen individual from the Legislative Assembly of a State will have the same number of votes as there are products of one thousand in the remainder acquired by separating the number of inhabitants in the State by the absolute number of the chosen individuals from the Assembly;

(b) if, in the wake of taking the said products of one thousand, the rest of at least 500, at that point the vote of every part alluded to in sub-condition (a) will be additionally expanded by one;

(c) each chosen individual from either House of Parliament will have such number of votes as might be gotten by isolating the complete number of votes allotted to the individuals from the Legislative Assemblies of the States under sub-provisions (an) and (b) by the absolute number of the chosen individuals from the two Houses of Parliament, parts surpassing one-half being considered one and different portions being ignored.

(3) The appointment of the President will be held as per the arrangement of the corresponding portrayal by methods for the single adaptable vote and the democratic at such political decision will be by mystery polling form.

Clarification: In this article, the articulation "populace" signifies the populace as found out at the last going before the enumeration of which the pertinent figures have been distributed:

Given that the reference in this Explanation to the last going before the enumeration of which the important figures have been distributed will, until the pertinent figures for the principal evaluation taken after the year 2000 have been distributed, be interpreted as a kind of perspective to the 1971 registration.

ARTICLE 56: TERM OF OFFICE OF PRESIDENT

(1) The President will hold office for a term of five years from the date on which he enters upon his office:

Given that – (a) the President may, by composing under his hand routed to the Vice-President, leave his office;

(b) the President may, for infringement of the Constitution, be expelled from office by the prosecution in the way given in article 61.

(c) the President will, despite the lapse of his term, keep on holding office until his replacement enters upon his office.

(2) Any abdication routed to the Vice-President under condition (an) of the stipulation to statement (1) will forthwith be conveyed by him to the Speaker of the House of the People.

ARTICLE 57: ELIGIBILITY FOR RE-ELECTION

An individual who holds, or who has held, office as President will, subject to different arrangements of this Constitution be qualified for re-appointment to that office.

ARTICLE 58: QUALIFICATIONS FOR ELECTION AS PRESIDENT

(1) No individual will be qualified for a political decision as President except if he –

(a) will be a resident of India;

(b) has finished the age of thirty-five years, and

(2) An individual will not be qualified for the political decision as President in the event that he holds any office of benefit under the Government of India or the Government of any State or under any nearby or other power subject to the control of any of the said Governments.

Clarification: For the motivations behind this article, an individual will not be considered to hold any office of benefit by reason just that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

ARTICLE 59: CONDITIONS OF PRESIDENT'S OFFICE

(1) The President will not be an individual from either House of Parliament or of a House of the Legislature of any State, and if an individual from either House of Parliament or of a House of the Legislature of any State is chosen President, he will be regarded to have cleared his seat in that House on the date on which he enters upon his office as President.

(2) The President will not hold some other office of benefit.

(3) The President will be entitled without installment of the lease to the utilization of his official living arrangements and will be additionally qualified for such payments, recompenses, and benefits as might be dictated by Parliament by law and until arrangement for that sake is so made, such remittances, stipends, and benefits as are determined in the Second Schedule.

(4) The remittances and stipends of the President will not be lessened during his term of office.

ARTICLE 60: OATH OR AFFIRMATION BY THE PRESIDENT

Each President and each individual going about as President or releasing the elements of the President will, before entering upon his office, make and buy-in within the sight of the Chief Justice of India or, in his nonappearance, the senior-most Judge of the Supreme Court accessible, a promise or confirmation in the accompanying structure, in other words – "I, A.B., do swear for the sake of God/seriously avow that I will dependably execute the workplace of President (or release the capacity of the President) of India and will as well as could be expected save, secure and guard the Constitution and the law and that I will commit myself to the administration and prosperity of the individuals of India."

ARTICLE 61: PROCEDURE FOR IMPEACHMENT OF THE PRESIDENT

(1) When a President is to be indicted for infringement of the Constitution, the charge will be favored by either House of Parliament.

(2) No such charge will be favored except if –

(a) the proposition to lean toward such charge is contained in a goal which has been moved after at any rate fourteen days' notification recorded as a hard copy marked by at the very least one-fourth of the all outnumber of individuals from the House has been given of their aim to move the goal, and

(b) such goal has been passed by a greater part of at least 66% of the complete enrollment of the House.

(3) When a charge has been so favored by either House of Parliament, the other House will research the charge or cause the charge to be explored and the President will reserve the privilege to show up and to be spoken to at such examination.

(4) If because of the examination a goal is passed by a lion's share of at the very least 66% of the complete participation of the House by which the charge was researched or caused to be explored, pronouncing that the charge favored against the President has been continued, such goal will have the impact of expelling the President from his office as from the date on which the goal is so passed.

ARTICLE 62: TIME OF HOLDING ELECTION TO FILL VACANCY IN THE OFFICE OF PRESIDENT AND THE TERM OF OFFICE OR PERSON ELECTED TO FILL CASUAL VACANCY

(1) A political race to fill an opportunity brought about by the termination of the term of office of President will be finished before the lapse of the term.

(2) A political race to fill an opportunity in the workplace of President happening by reason of his demise, renunciation or evacuation, or in any case will be held at the earliest opportunity after, and for no situation later than a half year from, the date of the event of the opening; and the individual chose to fill the opening will, subject to the arrangements of article 56, be qualified for hold office for the full term of five years from the date on which he enters upon his office

Info-Bits Related to the President of India

Pay of Indian President is Rs.5 lakh. Until 2017, the President used to get Rs 1.50 lakh every month. In Budget 2018, it was expanded to Rs 5 lakh for each month.

Notwithstanding the pay, the President gets numerous different stipends and free offices that incorporate free clinical, lodging, and treatment offices (entire life).

The Government of India spends around Rs.2.25 crore rupees every year on different costs like President's lodging, staff, food, and facilitating of visitors.

Indian President's compensation is 7000$*12=84,000$, which is a lot of lower when contrasted with US President's pay of 4,00,000$.

The leader of the United States of America is additionally in a roundabout way chose by the individuals through the Electoral College, yet to a four-year term. He is one of just two broadly chose government officials, the other being the Vice President of the United States. (Altogether, there are 538 voters, comparing to the 435 individuals from the House of Representatives, 100 legislators, and the three extra balloters from the District of Columbia.)

Under The Presidential and Vice-Presidential Elections Act, 1952, an applicant, to be assigned for the workplace of the leader of India needs 50 voters as proposers and 50 voters as seconders for their name to show up on the voting form.

The overall guideline in Indian Presidential political decision is that the all outnumber of votes cast by Members of Parliament rises to the absolute number of votes cast by State Legislators.

There is an aggregate of 776 voters in both the Houses of Parliament. The Electoral College likewise comprised of 4120 MLAs in the states.

The recipe to decide the estimation of the vote of an MLA = Population of the state ÷ (No. of M.L.A.s in the state X 1000).

The equation to decide the estimation of the vote of an MP = Total worth votes allotted to all the M.L.A.s ÷ Total number of MPs.

Every MP had a vote estimation of 708 in the Presidential Election 2012.

Officials from bigger states cast a larger number of votes than those from littler states.

In the event that a state has scarcely any lawmakers, at that point every official has more votes; on the off chance that a state has numerous administrators, at that point every lawmaker has less votes.

JFYI: The President of India moves around in a specially constructed intensely heavily clad Mercedes Benz S600 Pullman Guard (which costs around Rs. 12 Crore).

Named individuals can't cast a ballot in the Presidential political decision. Yet, they can take an interest in President's indictment.

PS: Nominated individuals can take part in Vice-President's political race and expulsion.

MLAs are engaged with the Presidential political race, yet they have no job in President's prosecution. President's prosecution goal requires a unique lion's share of the two places of the parliament to pass.

Powers of Indian President

Powers of Indian President can be broadly classified under 8 headings. They are :

Legislative

Executive or Appointment powers

Judicial powers

Financial powers

Diplomatic powers

Military powers

Pardoning Powers

Emergency powers

There are articles outside Chapter 1 of Part V related with powers of President of India like Article 72 and Articles 352-360. We shall discuss in detail each of them later.

Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offense – (a) in all cases where the punishment or sentence is by a Court Martial;

(b) in all cases where the punishment or sentence is for an offense against any law relating to a matter to which the executive power of the Union extends;

(2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court-martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

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