Friday, December 18, 2009

Revision of president

1.Qualification

. Must be a citizen of India.
. Completed 35 yrs in age.
. Eligible to be a member of Lok Sabha.
. Must not hold any Government post.
Exceptions:
President and Vice-President.
Governor of any State.
Minister of Union or State.(as this offices is not consider as office of profit)

2.Election

. Indirectly elected through 'Electoral College' consisting of Elected members of both the Houses of Parliament & Elected members of the Legislative Assemblies of the States. (No nominated members).

. Supreme Court inquires all disputes regarding President's election.
. Takes OATH in presence of Chief Justice of India, or in his absence, senior most judge of Supreme Court.

3.Term and Emoulment


. 5 year term
. Article 57 says that there is no upper limit on the no. of times a person can become President.
. Can give resignation to Vice President before full-term.
Present Salary including allowances & emoluments charged on Consolidated fund of India

4.Impeachment

. Quasi-judicial procedure.
. Can be impeached only on the ground of violation of Constitution.
. he impeachment procedure can be initiated in either House of the Parliament.

5.Vacancy

. In case the office falls vacant due to death, resignation or removal, the Vice-President acts as President. If he(vice-president) is not available then Chief Justice, if not then senior-most judge of Supreme Court shall act as the President of India.
. The election is must be held within 6 months of the vacancy.

7.Powers
EXECUTIVE
. Appoints PM, ministers, Chief Justice & Judges of Supreme Court & High courts, Chairman & members of UPSC, Comptroller and Auditor General, Attorney General, Chief Election Commissioner and other members of Election Commission, Governors, Members of Finance Commission, Ambassadors, etc.
. Appoints Finance Commission (after every 5 yrs) that recommends distribution of taxes between Union & State govts.

PARLIAMENT
. Can summon & prorogue the sessions of the 2 houses & can dissolve Lok Sabha.
JUDICIAL

. Appoints the Chief Justice and the judges of the Supreme Court and High Courts.
. Can pardon,respite,reprive,commute etc punishment including capital sentence i.e death punishemnt.

EMERGENCY
The President can promulgate 3 types of Emergencies:
. National Emergency (Article 352)
. State Emergency also known as President's Rule (Article 356)
. Financial Emergency (Article 360)

MILITARY
. He is the Supreme Commander of the Defence Forces of India.
. President appoints Chiefs of Army, Navy & Air Force.
. Declares wars & concludes peace subject to the approval of the Parliament.

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