Table of Contents:
- Articles related to the President in the Indian constitution
- Role and Functions of the Indian President
- The veto powers of the Indian President
- How is the President of India Elected? ( UPPSC 2022)
- Critically examine the procedures through which the Presidents of India and France are elected ( UPSC 2022)
- "The President of India cannot become a dictator." Explain. ( UPPSC 2020)
Articles related to the President in the Indian constitution:
In the Indian Constitution, the powers and duties of the President are primarily outlined in various articles.
Here are some of the key Articles of the Indian constitution related to the President:
Article 52:
Article 52 establishes the President as the head of state and defines the qualifications for the office of the President.
Article 53:
Article 53 deals with the executive powers of the President and states that the President can exercise these powers either directly or through officers subordinate to them.
Article 74:
Article 74 discusses the Council of Ministers to aid and advise the President. It states that the President shall act in accordance with the advice of the Council of Ministers.
Article 75:
Article 75 outlines the appointment and term of the Prime Minister and other ministers, who are collectively responsible to the Lok Sabha (House of the People).
Article 76:
Article 76 pertains to the Attorney General of India, who is the chief legal advisor to the government and is appointed by the President.
Article 86:
Article 86 discusses the right of the President to address either House of Parliament or both Houses assembled together.
Article 111:
Article 111 deals with the assent to bills. The President can either give their assent to a bill, withhold their assent, or return the bill for reconsideration.
Article 123:
Article 123 empowers the President to promulgate ordinances when Parliament is not in session.
Article 143:
Article 143 allows the President to seek the opinion of the Supreme Court on any question of law or fact.
These above Articles of the Indian constitution define the President's role, powers, and interactions within the framework of the Indian.
Role and Functions of Indian President;
In the Indian Constitution, the President is the ceremonial head of state and the highest constitutional authority. The President's role is largely symbolic, and their powers are limited by the Constitution.
Some key functions of the President include:
Executive Powers:
The President appoints the Prime Minister, who is usually the leader of the majority party in the Lok Sabha (House of the People), and other members of the Council of Ministers on the advice of the Prime Minister.
Legislative Powers:
The President summons and prorogues sessions of Parliament, delivers the annual Presidential Address outlining the government's policies, and can dissolve the Lok Sabha. The President also has the power to withhold their assent to bills, sending them back to Parliament for reconsideration.
Diplomatic Powers:
The President represents India in international relations, receives foreign ambassadors, and accredits Indian diplomats to other countries.
Military Powers:
The President is the Supreme Commander of the Indian Armed Forces.
Pardoning Powers:
The President can grant pardons, reprieves, and remissions of punishment.
Emergency Powers:
During a state of emergency, the President can assume vast powers, including the suspension of fundamental rights.
It's important to note that while the President has these powers, they are exercised on the advice of the Council of Ministers led by the Prime Minister.
The President's role is largely ceremonial, and the real executive power lies with the elected representatives in the government.
The veto powers of the Indian President:
When a bill is passed by both houses of Parliament (Lok Sabha and Rajya Sabha) and is presented to the President for their assent, the President has four options:
Give Assent:
The President can give their assent to the bill, after which it becomes law.
Withhold Assent (Suspensive Veto):
The President can withhold their assent to the bill. This is the Suspensive Veto.
Seek Clarification:
In some cases, the President can seek clarification or more information from the Council of Ministers before making a decision.
Pocket Veto:
The bill can be kept pending by the President for an indefinite period.
If the President withholds their assent, Parliament can override the President's veto by passing the bill again. If the bill is passed by both houses of Parliament for the second time (with or without amendments) by a special majority, the President must give their assent, and the bill becomes a law.
In the case of ordinary bills, this special majority means a majority of the total membership of each house and a majority of not less than two-thirds of the members present and voting.
In the case of money bills, the President has only a recommendatory role, and their veto can't be applied.
Question.
How is the President of India Elected?
( UPPSC Mains General Studies-II/GS-2 2022)
Answer.
The President of India is elected through an indirect election process, as per the provisions of the Indian Constitution. The Electoral College conducts the election, consisting of elected members of both houses of Parliament (Lok Sabha and Rajya Sabha) and elected members of the Legislative Assemblies of all Indian states and union territories.
The following are some key points regarding President Election-
Eligibility Criteria:
To be eligible for the presidency, a candidate must meet the following criteria:
- He or she must be a citizen of India.
- The minimum age requirement for the presidency is 35 years.
- The candidate must be qualified to become a member of the Lok Sabha (the lower house of Parliament).
Nomination of Candidates:
The election process begins with the issuance of a public notice by the Election Commission of India, calling for the election of the President. After the announcement, prospective candidates can file their nominations. To be valid, the nomination must be proposed by at least 50 electors and seconded by another 50 electors.
Scrutiny of Nominations:
The Election Commission scrutinizes the nominations to check for any discrepancies or violations of the eligibility criteria. If any nomination is found to be invalid, the candidate is given an opportunity to rectify the defects.
Election:
If more than one candidate is nominated, the election is conducted through a secret ballot. The members of the Electoral College cast their votes, and the candidate who secures the required number of votes is declared elected.
Electoral College and Votes Required:
The Electoral College comprises the elected members of both houses of Parliament and the Legislative Assemblies of all states and union territories. Each member's vote has a weightage based on the population they represent. The President is elected by a proportional representation system using the single transferable vote method. The candidate who secures more than 50% of the total value of the valid votes polled is declared elected.
Oath of Office:
Once elected, the President takes the oath of office by the Chief Justice of India and secrecy before assuming the position.
Question.
Critically examine the procedures through which the Presidents of India and France are elected
( UPSC Mains General Studies-II/GS-2 2022)
Answer.
The procedures for electing the Presidents of India and France differ significantly due to the two countries' distinct political systems and historical contexts.
Let's critically examine these procedures:
Election of the President of India:
Indirect Election:
The President of India is indirectly elected by an electoral college, which includes the elected members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the elected members of the Legislative Assemblies of States and Union Territories.
This system has its merits and drawbacks:
Merits:
It ensures a broad representation from various states and Union Territories, contributing to the federal character of India.
Drawback:
The indirect nature of the election means that the President may not always be directly accountable to the electorate.
Single Transferable Vote:
The election uses a preferential voting system known as the Single Transferable Vote (STV). This system allows voters to rank candidates in order of preference.
Merits:
Single Transferable Vote can produce a consensus candidate with broader support.
Drawback:
It can be complex for voters to understand, and it may not always result in a clear mandate.
Role of Political Parties:
Political parties play a significant role in nominating candidates, and the President often represents the consensus of major political parties.
Merits:
This can lead to a President with a broad-based mandate.
Drawback:
It may limit the chances of independent or non-partisan candidates.
Election of the President of France:
Direct Election:
The President of France is elected directly by the citizens of France through a two-round system. In the first round, if no candidate receives an absolute majority, the top two candidates proceed to a runoff.
Merit:
Direct election ensures a clear and direct mandate from the people.
Drawback:
In the absence of an absolute majority in the first round, the process can be time-consuming and costly.
Presidential Primaries:
Political parties in France often hold primaries to select their presidential candidates. This can lead to a more competitive and open candidate selection process.
Merit:
Primaries allow party members and sometimes even non-members to participate in candidate selection.
Drawback:
The primary process can be divisive within political parties.
Majoritarian System:
The President of France is elected using a majoritarian system in the runoff, where the candidate with the most votes wins.
Merit:
This system ensures that the winning candidate has the support of a majority of voters.
Drawback:
It may not always represent the diversity of opinions within the electorate.
In conclusion, the procedures for electing the Presidents of India and France reflect the differences in their political systems and traditions. The Indian system emphasizes a consensus-based, indirect approach with representation from various states, while the French system emphasizes direct election and majority support.
Each system has its merits and drawbacks, and the effectiveness of each approach depends on the specific needs and circumstances of the country.
Question.
"The President of India cannot become a dictator." Explain.
( UPPSC Mains General Studies-II/GS-2 2020)
Answer.
The President of India cannot become a dictator due to the constitutional framework and limited powers vested in the office.
India follows a parliamentary system of government, where the President is the ceremonial head of state and acts on the advice of the Council of Ministers, led by the Prime Minister, who is the head of government.
There are several reasons that prevent the Indian President from becoming a dictator:
Ceremonial Role:
The President's role is largely ceremonial, and the real executive power is vested in the Council of Ministers. The President's duties include the appointment of the Prime Minister, the Chief Justice of India, and other high officials, but these appointments are made on the advice of the Prime Minister or the Council of Ministers.
Executive Power Rests with the Prime Minister:
The President is bound by the advice of the Council of Ministers in almost all matters. They do not exercise executive authority independently. The Prime Minister and the Council of Ministers are responsible for running the government and implementing policies.
Limited Discretionary Powers:
While the President performs certain functions independently, such as summoning and proroguing Parliament, dissolving the Lok Sabha (lower house of Parliament), and appointing Governors and other constitutional heads in states, these powers are exercised in accordance with the advice of the Prime Minister or the Council of Ministers.
Removal Mechanism:
The President can be impeached and removed from office by Parliament in cases of "violating the Constitution" under specific circumstances. This impeachment process acts as a check on the President's actions and helps prevent any abuse of power.
Independent Judiciary:
India has an independent judiciary that acts as a guardian of the Constitution. The judiciary has the authority to review and strike down any actions of the President or the government that are unconstitutional, preventing any attempts to centralize power.
Constitutional Safeguards:
The Indian Constitution includes a comprehensive system of checks and balances to prevent the concentration of power in any one branch of government. The President's powers are clearly defined and limited, with specific mechanisms to ensure accountability and oversight.
In summary, the President of India plays a crucial role in the functioning of the country's parliamentary democracy, but the system is designed to prevent the President from becoming a dictator. The true power lies with the elected representatives and the government, ensuring that decisions are taken collectively and in accordance with the principles of democracy, rule of law, and the Constitution.
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