President of india

President of india

President of India or Rashtrapati is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. With few exceptions, most of the authority vested in the President is in practice exercised by the Council of Ministers, headed by the Prime Minister.

The President is elected by the elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the state legislatures (Vidhan Sabhas), and serves for a term of five years. Incumbents are permitted to stand for re-election. A formula is used to assign vote as a result there is a balance between the population of each state and the number of votes assembly members from a state can cast, and to give an equal balance between State Assembly members and National Parliament members. If no candidate receives a majority of votes there is a system by which losing candidates are eliminate as of the competition and votes for them transfer to other candidates, until one gains a majority. The Vice-President is elected by a direct vote of all members (elected and nominated) of the Lok Sabha and Rajya Sabha.

The president of India resides in an estate in New Delhi known as the Rashtrapati Bhavan. The 12th President of India is Her Excellency Pratibha Devisingh Patil, the first woman to serve in The the office, who was sworn in on 25 July 2007.

Qualifications required appropriate the President

A citizen of India who is of 35 years of age or above may be a Presidential candidate. The Presidential candidate should be qualified to become a member of the Lok Sabha and should not hold any office of profit under the government. Certain office-holders, but, are allowed to stand as Presidential candidates.

• The current Vice President.
• The Governor of any State.
• A Minister of the Union or of any State.

In the event that the Vice President, a State Governor or a Minister is elected President, they are considered to have vacate their previous office on the date they begin serving as President.

Election of the President

When the office becomes available, the new president is chosen by an electoral college consisting of the elected members of both houses of the Parliament and the elected members of the State Legislative Assemblies (Vidhan Sabha).

The election is held in accordance to the system of Proportional Representation by means of Single Transferable Vote method. The Voting takes place by secret ballot system. The manner of election of President is provided by Article 55.

Each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of Parliament equals the total number of votes cast by State Legislators. And legislators from larger states cast more votes than those from smaller states. At last, the number of legislators in a state matters; if a state has few legislators, then each deputy have further votes.

In 2007, the President of India was elected in some way through the members of the Indian Parliament and by the individual States' Legislative Assemblies. Although Indian presidential elections involve actual voting by MPs and MLAs, they tend to vote for the candidate supported by their respective parties.

So the internal process for the election involved lobbying by parties for their respective candidates.

Electoral College

The value of votes cast by elected members of the state legislative assemblies and both houses of parliament were decided as per the provisions of article 55(2) of the Constitution of India. The details of number of voters and votes for this presidential election are given below.

• Presidential elections in India involve proportional representation from respective states. The number of votes assigned to a particular voter from a state assembly is decided as follows.

Constitutional role

Constitutional role of the Indian Constitution states "There shall be a President of India". Article 53(1) vests in the President the director power of the Union which are exercise also directly or through assistant officer in agreement through the organization. Even though the Constitution explicitly says that the president is the executive head of the state, real executive power is exercised by the Council of Ministers, headed by the Prime Minister.

The same President's decision and action are concerned no one can challenge such decision or action on the ground that it is not in accordance with the advice tender through the Ministers or that it is based on no advice

Salary & Amenities

The President of India used to receive Rs 10,000 (US$ 200) per month as per the Constitution. This amount was increased to Rs 50,000 (US$ 1,100) in 1998. On September 11, 2008 the Government of India increased the salary of the President to Rs. 1.5 lakh (US$ 3,200). However, almost everything that the President does or wants to do is taken care of by the annual Rs 225 million (US$ 4.8 million) budget that the Government allots for his or her upkeep.

Administrative power

The Constitution vests in the President of India all the executive powers of the Central Government. The President appoints the Prime Minister the person most likely to command the support of the majority in the Lok Sabha.

The President is responsible for making a broad selection of actions.

• Governors of States
• The Chief Justice, other judges of the Supreme Court and High Courts of India.
• The Attorney General
• The Controller and Auditor General
• The Chief Election Commissioner and other Election Commissioners
• The Chairman and other Members of the Union Public Service Commission
• Ambassadors and High Commissioners to other countries.

The President also receives the credentials of pass on with High commissioner from other countries.The President is the de jure chief of the Indian Armed Forces.

The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death.

The decisions involving forgiving in addition to extra rights by the president are independent of the opinion of the Prime Minister or the Lok Sabha majority.

Financial powers

Money bills can be introduced in the Parliament only on the prior recommendation of the President. He/she also cause to be lay by the Parliament the annual financial statement which is the Union Budget. Further no demand for grant shall be made except on his approval. He/She can also make advances out of the emergency Fund of India to meet any unexpected spending. Too, he\she constitute the Finance Commission every 5 years to suggest the allocation of taxes between the States and the Centre.

Judicial powers

The head appoint the Chief Justice of the Union Judiciary and other jury on top of the advice of the Chief Justice. Apply these judges are actually selected by the Union cabinet. The President dismisses the judges if and only if the two Houses of the Parliament pass decision toward so as to result in two-thirds majority of the members present.

If they consider a issue of law or a matter of public importance has arise they can ask for the advisory opinion of the Supreme Court. They may or may not accept that opinion.

Governmental powers

The President summons both houses of the Parliament and prorogues them. He or she can even dissolve the Lok Sabha. These powers are formal, and by convention, the President uses these powers according to the advice of the Council of Ministers headed by the Prime Minister.

They open the Parliament by addressing it after the general elections and also at the opening of the first session each year. Their address on these occasions is usually intended toward chart the new policies of the government.

A bill that the Parliament has passed can become a law only after the President gives his/her assent to it. The President can return a bill to the Parliament, if it is not a money bill, for reconsideration. Yet, if the Parliament sends it back to them for the second time, the President is obliged to assent to it.

Armed powers

The President is the supreme commander of the defence forces of India, in this capacity the president can appoint Army, Navy & Air Chiefs. The President can declare war or finish calm, subject to the approval of parliament only under the decision of the Council of Ministers

Emergency powers

The President can declare three types of emergencies: national, state and financial.

National emergency

National emergency is caused by war, external aggression or armed rebellion in the whole of India or a part of its territory.

Under Article 352 of the India Constitution the President can such a declaration should be there approve through the Parliament within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval, up to a maximum of 3 Years.

In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. Though, the Right to Life and Personal Liberty cannot be suspended.

State emergency

State emergency, also known as President's rule, is declared due to breakdown of constitutional equipment inside a state.

On 19 January 2009, President's rule was imposed on the Indian State of Jharkhand making it the latest state where this kind of emergency has been forced.

A State Emergency can be forced using the following:

1. By Article 356:-If that state failed to run constitutionally i.e. legal equipment have fail
2. By Article 365:-If that state is not working according to the given direction of the Union Government.

This type of emergency needs the approval of the parliament within 2 months. This type of emergency can last up to a maximum of 3 years via extensions after each 6 month period. However, after one year it can be extended only if

1. A state of National Emergency has been declared in the country or in the particular state.
2. The Election Commission finds it difficult to organize an election in that state.

Financial emergency

If the President is fulfilled to here be an economic situation in which the financial strength or credit of India is helpless, he/she can declare economic urgent situation because for every the Constitutional Article 360. Such an emergency must be approved by the Parliament within two months. It has never been declared.

A state of financial emergency remains in force indefinitely until revoked by the President.

In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills are passed by the State legislatures is submitted to the President for his approval. They can direct the state to observe certain principles relating to financial matters.