[Music] chapter 2 the president and the vice president introduction in this lesson we will learn about the union executive the president qualifications for election composition of electoral college reason for indirect election term of office procedure for impeachment pause executive legislative Financial judicial discretionary and emergency the vice president qualifications for election term of office and pause president the executive power of the Indian Union is vested in the president he exercises the spa either directly or through officers subordinated to him in accordance with the Constitution the president is the head of the state and the supreme commander of the Defense Forces of India the president exercises his pause on the advice of the Prime Minister and the Council of ministers the Constitution provides that there shall be a council of ministers with the prime minister at the head according to the 42nd Amendment act it is necessary for the president to exercise his or her functions in accordance with the advice of the Council of ministers election of the president the people directly elect members of the Lok Sabha the rajya Sabha elected members of the rajya Sabha elect the president people directly elect members of the State Legislative assemblies and the elected members of the State Legislative assemblies elect the president thus the people indirectly elect the president qualifications for election one A person shall be eligible for election as president if he a is a citizen of India B has completed the age of 35 years and C is qualified for election as a member of the Lok Sabha 2. A person shall not be eligible for election as president if he holds any office of profit under the government of India or government of any state or under any local or other authority subject to the control of any of the said governments however a person is not deemed to hold an office of profit by reason only that he is president or vice president or a minister either for the union or for any state a person who holds or who has held office as president shall be eligible for re-election to that office subject to other provisions of the Constitution composition of the Electoral College the president is elected indirectly by the members of an electoral college consisting of 1. the elected members of both houses of Parliament two the elected members of the legislative Assemblies of the States including national capital territory of Delhi and the union territory of puducherry nominated members of either House of Parliament and state assemblies are not eligible to be included in the Electoral College composition of the Electoral College a presidential candidate will have to be proposed by 50 members of The Electoral College MPS or mlas and seconded by another 50 members earlier the requirement was 10 proposals and 10 second doors this was increased by an ordinance promulgated in June 1997 that became an act of parliament on August 29 1997. the ordinance also raised the security deposit of a candidate for the presidential election from rupees 2500 to rupees 15 000. the election of the president is held in accordance with a system of proportional representation by means of the single transferable vote and the voting of such election is by secret ballot manner of election there is uniformity in the scale of representation of the different states as far as possible one every elected member of the legislative assembly of a state has as many votes as there are multiples of thousand in the quotient obtained by dividing the population of the state by the total number of elected members of the assembly the voting power of an elected member of a vidhan Sabha is calculated according to the following formula total population of state divided by number of elected members of vidhan Sabha into 1000. the following illustration will help to make the process clear total population of a state is 10 million total number of elected mlas 250 total number of votes of each member is equal to 10 million divided by 250 divided by 1000 which equals 40. 2 each elected Member of Parliament has such number of votes as obtained by dividing the total number of votes assigned to mlas of the states by the total number of elected members of parliament thus value of the vote of an MP is equal to total number of votes assigned to mlas of all states divided by total number of elected MPS single transferable vote system under the single transferable vote system all candidates are listed and the elector gives them numbers according to his preference in other words the voters marks as many preferences one two three four five or six onwards on the ballot paper as there are candidates now once the votes are cast the first preference votes are counted if any candidate gets an absolute majority or more than 50 percent of the votes he is declared elected If no candidate is able to get an absolute majority in the first preference votes then the candidate who has secured the least votes is eliminated and his second preference votes are taken into consideration this process of elimination continues until a candidate gets an absolute majority and he has declared elected the 29th Constitution Amendment act 1975 and the 44th Constitution Amendment act 1978 lay down that any dispute over the election of the president shall be decided by the Supreme Court of India reason for indirect election 1. if the president was to be elected directly by the people he could become a rival Center of power to the Council of ministers this would be against the parliamentary system with ministerial responsibility as jawaharlal nehru said in the constituent assembly we could not have a directly elected president and not give him real powers 2. since the membership in the two houses of Parliament was likely to be dominated by one party election of the president merely by a majority of members of the Union Parliament could make him a nominee of the ruling party like the prime minister such a president could not represent the constituent states of the Union 3. the president is elected by an electoral college in India the Electoral College consists of the elected members of the two houses of Parliament and legislative Assemblies of the states article 54. such an electoral college would make the president the elected representative of the whole nation with a clear voice given to the states as well chapters is term and vacation of office oath of office before entering upon his office the president takes an oath in the presence of the Chief Justice of India or in his absence the senior most judge of the Supreme Court to 1. discharge the functions of the president of India to preserve protect and defend the Constitution and the law and three devote himself to the service and well-being of the people of India term of office the president shall hold office for a term of five years from the date on which he enters upon his office he shall continue to hold office notwithstanding the expiry of his term until his successor takes charge vacation of office 1. the president May submit his resignation letter to the Vice President in order to resign his office such resignation will be communicated by the vice president to the speaker of the Lok Sabha 2. the president May for the violation of the Constitution be removed from the office by the process of impeachment procedure for impeachment of the president when a president is to be impeached for violation of the Constitution either House of Parliament can level the charge as follows a resolution which is moved after at least 14 days notice in writing signed by not less than one-fourth of the total number of members of the House and B the resolution is passed by a majority of not less than two-thirds of the total membership of the house two when a charge has been so preferred by either house of parliament the other house will investigate the charge and the president has the right to appear and to be represented at such an investigation three if as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the house by which the charge was investigated declaring that the charge has been sustained such a resolution will have the effect of removing the president from his office powers of the president of India executive parts the executive bars of the president include one head of the Union Administration all executive orders are issued in the name of the president all the union officials are his subordinates two appointment of officials of the state the president makes appointments to keep posts to run the government's Administration he appoints a the Prime Minister and the Council of ministers on the prime minister's advice he summons the leader of the majority group in the Parliament and asks him to form the government B the Chief Justice and the judges of the Supreme Court and the high courts see the governors of the states D the lieutenant Governors and the chief commissioners of the union territories e the Attorney General of India F the Comptroller and auditor general of India G the chairman and members of the Union Public Service Commission H the chairman and members of the Planning Commission I the chairman and members of the economic commission whenever appointed three control over state governments the union government may give necessary directions to a state during president's rule the control of the Union government Over States is complete 4. union territories and Border areas the administration of the union territories and the Border areas is the responsibility of the president diplomatic pause 1. the president has the power of appointing Indian ambassadors to other countries two he receives ambassadors High Commissioners and diplomatic envoys from foreign Nations three all treaties and international agreements are concluded in the name of the president 4. the president represents India in international conferences