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In News

• The Election Commission of India has scheduled the President of India election on 18th July.
  • The tenure of the 15th President of India ‘Ram Nath Kovind’ will come to an end on 24th July 2022.
• According to Article 62 of the Indian Constitution, an election to the President post due to the expiration of the office term shall be completed before the term ends
• The Commission has also scheduled the election for the post of Vice-President on 6th August.
  • The tenure of the present vice-president will end on 10th August.

 

President of India

• Part V of the Indian Constitution precisely deals with the Union executive from Articles 52 to 78.
  • The President, Vice-President, Prime Minister, Council of Ministers, and Attorney General of India constitute the Union executive.
• He is India's first citizen and symbolises the country's unity, integrity, and solidarity.

 

Eligibility

• The candidate should be an Indian citizen.
• Should have completed the age of 35 years.
• Should be qualified for election as a member of the Lok Sabha.
• Should not hold any office of profit under the Union Government or any state government or any local or other authority.
• The President should not be a member of any house of Union or State legislature.

 

Election of the President

• The President of India is elected by an electoral college consisting of:
  • Elected members of the two Houses of Parliament and Legislative Assemblies of the States.
  • It includes the national capital territory of Delhi and the Union territory of Pondicherry.
• The President‘s election is held under a system of proportional representation through a single transferable vote.

 

Presidents’ Term of Office

• The oath of office to the President is administered by the Chief Justice of India and in his absence, by the senior-most judge of the Supreme Court available.
• According to Article 62 (1), An election should be held to fill the vacancy of the Presidential post before the expiration of the President‘s term.
• The President holds office for a five-year term from the date on which he enters the office.
• The President can resign at any time by addressing the resignation letter to the Vice-President of India.
• When a vacancy occurs in the President‘s office due to his death, resignation or removal or otherwise, the Vice- president acts as the President until a new President is elected.
• An election to fill such a vacancy should be held within 6 months from the date of occurrence of such vacancy.
• A person is eligible for re-election to the Presidential office.

 

Impeachment of President

• According to Article 61, the President may be impeached from his office for violation of the constitution.
• The impeachment charges may be initiated by either Lok Sabha or Rajya Sabha and they should be signed by at least 1/^4th members.
• Regarding the charges, a 14 days notice should be given.
• The resolution of the charges for the impeachment of the President should be passed by at least 2/3rd majority.
• Afterwards, the charges are investigated in the other House of Parliament.
• If the resolution is passed in this House also with a 2/3^rd majority, then the President stands removed from his office from the date on which the bill is passed.

 

Vice-President

• The Vice-President occupies the second-highest constitutional office in the country.
• This office is modelled on the lines of the American Vice-President.
• Article 63: There shall be a Vice-President of India. The office cannot remain vacant.
• The Vice-President holds office for a term of five years from the date on which he enters his office.
  • He can continue to be in office, irrespective of the expiry of the term until the success or assumes office.
• He can resign from his office at any time by addressing the resignation letter to the President.
• A formal impeachment is not required for his removal.
• He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (ie, a majority of the total members of the House) and agreed to by the Lok Sabha.
• He is also eligible for re-election to that office. He may be elected for any number of terms.

 

Election

• The Electoral College is different from the Electoral College for the election of the President in the following two respects:
  • It consists of both elected and nominated members of the Parliament (in the case of the president, only elected members).
  • It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included).

 

Qualification

• To be eligible for election as Vice-President, a person should fulfil the following qualifications:
  • He should be a citizen of India.
  • He should have completed 35 years of age.
  • He should be qualified for election as a member of the Rajya Sabha.
  • 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.
• He should not be a member of either House of Parliament or a House of the state legislature.
  • If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters his office as Vice-President.
• He should not hold any other office of profit.

 

The function of the Vice President

• He is the Chairman of the Rajya Sabha. Vice-President presides over the Rajya Sabha.
• The Vice-President acts as President when there is a vacancy in the office of the President.
  • The vacancy may occur for reasons of death, resignation, removal by impeachment or otherwise.
  • He discharges the functions of the President when the President is unable to perform his functions.
  • The reasons may also include the absence of the President from India or illness or some other cause.
• He is not a member of the Rajya Sabha; he has no right to vote but can exercise a ―Casting Vote.
• When Vice-President is acting as, or discharging the functions of the President, have all the powers and immunities of the President and be entitled to such emoluments, allowances, and privileges as may be determined by the Parliament by law and, until provision in that emoluments, allowances, and privileges as are specified in the Second Schedule.
  • When he acts as the President, he will not draw the salary of the Chairman of the Council of State as he ceases to perform these duties as the Chairman.

 

https://www.thehindu.com/news/national/all-set-for-presidential-election-murmu-has-an-edge-over-sinha/article65651719.ece

 

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