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Presidential Election System in India

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Presidential Election System in India: This Book describes every aspect of the constitutional procedure of President Election in India.
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  1 ELECTION TO THE OFFICE OF PRESIDENT OF INDIA1.What are the Role and the Power of the President ofIndia?Answer : India has adopted the system of Parliamentarydemocracy,where in the powers of the Government are vested in the politicaloffice of the Prime Minister. The President of India holds the highestelective office in India. He is the head of state of the Republic of Indiaand is the formal head of the Union legislature and executive and isalso the Supreme Commander of the Indian Defence Forces. ThePresident of India is the first citizen and represents the Indian nationand therefore does not belong to any particular party. The President of India, in consultation with the Council of Ministers, makes all majorappointments under the Constitution-PM, Ministers, Chief Justice and judges of the Supreme Court and High Courts, CAG, AttorneyGeneral, Governors, Chief Election Commissioner and other membersof the Election Commission of India etc. He has the powers tosummon and prorogue the sessions of both Houses of Parliament andto dissolve the Lok Sabha. The powers to grant pardon and clemencyvest in the President of India. 2.Who elects the President of India?Answer : The President is elected by the representatives of the peoplethrough an Electoral College, which consists of the elected members  2 of both Houses of Parliament and the elected members of theLegislative Assemblies of the States including NCT of Delhi and theUnion Territory of Puducherry. 3.Whatis the term of the office of the President?Answer : The President shall hold office for a term of 5 years fromthe date on which he enters upon his office. He shall, however,continue to hold office notwithstanding the expiry of his term, untilhis successor enters upon his office. 4.When is the election of the Office of President of India held?Answer : Under the provisions of sub-section (3) of section 4 of thePresidential and Vice-Presidential Elections Act, 1952, thenotification under sub-section (1)of section 4 of the said Act callingthe election can be issued by the Election Commission on or after thesixtieth day before the expiry of the term of office of the outgoingPresident. The election schedule shall be so fixed, that the Presidentelect isable to enter upon his office on the day following the expiry of the term of the outgoing President. 5.What is the legal framework for the election to the Office of President of India?Answer : Election to the Office of President of India is governed bythe provisions contained in Articles 54 to 58 and 62 of theConstitution of India and the Presidential and Vice-PresidentialElections Act, 1952 and the Rules made thereunder.  3 6. Who conducts the election to the Office of President of India?Answer :UnderArticle 324 of the Constitution of India, the authorityto conduct elections to the Office of President is vested in the ElectionCommission of India. 7.What electoral system/process is adopted for the election to theoffice of the President?Answer :As per Article 55(3) of the Constitution of India, theelection of the President shall be held in accordance with the systemof proportional representation by means of single transferable voteand the voting at such election shall be by secret ballot. 8.What are the Qualifications required bya candidate to contesttheelection to the Office of the President of India?Answer: A candidate should satisfy the following requirements tocontest the election to the Office of President:-1.Must be a citizen of India.2.Must have completed 35 years of age.3.Must be eligible to be a member of the Lok Sabha.4.Must not hold any office of profit under the Government of India or the Government of any State or under any local orother authority subject to the control of any of the saidGovernments-Exceptions are the offices of President and Vice-President,Governor of any State and Ministers of Union or State.  4 9.Apart from the above what are the conditions to be fulfilled by acandidate for his nomination to be valid?Answer: A nomination paper of a candidate for the election in theprescribed form (Form 2 appended to the Presidential and Vice-Presidential Elections Rules, 1974 Rules) has to be subscribed by atleast fifty electors as proposers and at least fifty electors as secondersand has to be presented to the Returning Officer, between 11AM and3PM on any day appointed for the purpose, either by the candidatehimself or by any of his proposers or seconders.The Security Deposit for the election of Rs.15000/-should also bedeposited either in cash with the Returning Officer or a receiptshowing that the amount has been deposited by the candidate or on hisbehalf in the Reserve Bank of India or in a Government Treasuryshould be furnished along with the nomination paper.The candidate is also required to furnish a certified copy of theentry showing his name in the current electoral roll for theParliamentary Constituency in which the candidate is registered as anelector. 10.Who is appointed the Returning Officer/Assistant ReturningOfficerfor the election to the Officeof President of India? Whomakessuch appointment?Answer: By convention, the Secretary General, Lok Sabha or theSecretary General, Rajya Sabha is appointed as the Returning Officer,by rotation. Two other senior officers of the Lok Sabha/ Rajya SabhaSecretariat and the Secretaries and one more senior officer of Legislative Assemblies of all States including NCT of Delhi and the

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Jul 23, 2017
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