The Indian President Election, Qualification & Term of Office

Sun, 12/15/2013 - 23:35 -- Umar Farooq

The Union Executive of India consists of the President, Vice President and the Council of Ministers, including the Prime Minister. India has a Parliamentary system of executive with the President as the head of the Union, while the Prime Minister is the head of the Executive. The President acts on the advice of the Council of Ministers which is collectively responsible to the Lower House of the Union Parliament.

The Fathers of the Constitution adopted the Parliamentary system of government due to its popularity all over the world and its successful working under the Government of India Act 1935.

His Qualifications

A candidate for the Presidency has to fulfill the following conditions:

  1. He must be a citizen of India,
  2. He must be at least 35 years of age,
  3. He must be qualified to be elected as a member of Lok Sabha,
  4. He must not be a member of a. legislature. If he is a member, he will cease to be so when elected,
  5. He must not hold any office of profit under the Government of India,
  6. He must be of sound mind and physique and must be free from any court sentence etc.

The Election of Indian President

The Indian constitution provides that there shall be a President of India. Members of the Electoral College elect the president of India indirectly, the members consist both the House of the Parliament and of the State legislative assemblies. Presidential elections held as per the proportional representation by means of the single transferable vote. The voting at this election is by secret ballot. The method of proportional representation is adopted to enable the minorities to have a voice in the election of the President. The election is held after the election of the Parliament and State Legislatures.

Term of Office and Impeachment

A President hold of office for a term of 5 years and he is eligible for re‑election. However, he may be removed from office by impeachment for violation of the constitution. Such an impeachment can be preferred by either House of Parliament by means of a resolution. Such a resolution can be moved only after 14 day notice in writing sign by at least 1/4th of the total membership of the House concerned and passed by at least 2/3rd of the total membership of the House concerned. The charges must then be investigated by the other House. The President has the right to appear before the investigating House. If this House sustains the charges by a resolution adopted by a 2/3rd majority of the total membership, the President is removed from his office, from the date on which the resolution is so adopted.