What are the Qualification & Powers of The President of India

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What are the Qualification & Powers of The President of India

President Of India

  • Executive Head of the State. First citizen of India.
  • The Executive powers vested in the President are to be exercised on the advice of the Council of Ministers responsible to the Parliament. The 42nd Amendment to the Constitution has made it obligatory on the part of the President to accept the advice of the Council of Ministers.

Election

  • Indirectly elected through ‘Electoral College’ consisting of Elected members of both the Houses of Parliament and Elected members of the Legislative Assemblies of the States. (No nominated members).
  • Takes OATH in presence of Chief Justice of India, or in his absence, senior-most judge of SC.

Qualification

  • D Must be a citizen of India.
  • Completed 35 years in age.
  • Eligible to be a member of Lok Sabha.
  • Must not hold any Government post.

Impeachment (Article 61)

Can be impeached only on the ground of violation of Constitution.

Vacancy

  • In case the office falls vacant due to death, resignation removal, the Vice-President acts as President. If he 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 to be held within 6 months of the vacancy.

Powers : –

Executive Powers

  • Appoints PM, Ministers, Chief Justice and judges of Supreme Court and High Courts, Chairman and members of UPSC, Comptroller and Auditor General, Attorney General, Chief Election Commissioner and other members of Election Commission and Governors.
  • He directly administers the Union Territories through the Lt. Governor, Commissioner or Administrator.

Legislative Powers

  • Can summon and prorogue the sessions of the 2 houses and can dissolve Lok Sabha.
  • Nominates 12 members to Rajya Sabha.

Financial Powers

All money bills can originate in Parliament only on recommendation of President.

Judicial Powers

The President’s pardoning power comprises a group of analogous powers like pardon, reprieve, remission, respite and commutation.

Emergency Powers

1. National Emergency (Article 352)

  • On the grounds of security threats to India by war, external aggression or armed rebellion.
  • It has been proclaimed three times so far- 1962, 1971 and 1975.

2. State Emergency (Article 356)
Emergency due to failure of constitutional machinery in State.

3. Financial Emergency (Article 360)
The President can proclaim Financial Emergency if he is satisfied that the financial stability or the credit of India or any part there of is threatened.

Military Powers

  • He is the Supreme Commander of the Defence Forces of India.
  • Appoints Chiefs of Army, Navy and Air Force.
  • Declares wars and concludes peace subject to the approval of the Parliament

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