EXECUTIVE- PRESIDENT, VICE PRESIDENT, ATTORNEY GENERAL, COUNCIL OF MINISTER

Article 53- Executive Power of President

Article 53 deals with the executive power of the Union.

• 53(1): Executive power is vested in the President and exercised through subordinate officers.
• 53(2): Supreme command of defence forces lies with the President.
• 53(3): Nothing in this article shall:
  • Deemed to transfer any function to the president any functions conferred by any existing law to govt.
  • Prevent parliament from conferring laws on authority except president.

Article 54- Election of President

The President is elected by an electoral college consisting of:

• Elected members of both Houses of Parliament
• Elected members of State Legislative Assemblies

Article 55- Manner of Election

Section 55 deals with the manner of election of president

Article 55(1)- There shall be uniformity in the scale of representation of different states in election of president.

Article 55(2)- For purpose of uniformity in voting the vote should be casted in the following manner:

• every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;
• if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;
• each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded

Article 55(3)- The election of President be in accordance with the system of proportional representation by means of single transferrable vote and voting shall be by secret ballot.

In simple words the whole manner of election can be summarized as:

The election of president shall be held in accordance with the system of proportional representation by means of single transferrable vote and the voting at such election and shall be by the secret ballot.

 Under this system names of all the candidates are listed on the ballot paper and the elector give them numbers according to his/ her preference. Every voter may mark on the ballot paper as many preferences as there are candidates.  The voter shall place figure opposite of the candidate whom he/ she chooses for the first preference and the mark the preferences of other candidates and so on.

Article 56- Term of Office

Article 56 deals with the term of office of president.

Article 56(1)- The president hold office for term of five years provided that:

• The president may by writing addressed to Vice president may resign from the post.
• He can be removed by impeachment.
• The president hold office till his successor comes

Article 56(2)- It provides that any resignation addressed to the vice president shall be communicated to the speaker of lok sabha.

Article 57- Re-Eligibility

A person holding or having held the office of President is eligible for re-election.

Article 58-Qualification

Article 58(1)- It provides that person who is satisfying the following conditions is qualified for election of president:

• Citizen of India
• Has completed 35 years of age
• Qualified for lok sabha election

Article 58(2)- A person is not eligible for election as president if he holds office of profit under the govt. of India or govt of any state or under any local authority.

Explanation- A person is not deemed to be hold any office of profit in state if he is president or vice president or minister under union or state.

Article 59- Condition of Office

It deals with condition of office of president

Article 59(1)- The president shall not be a member of either house of parliament or of state legislature and if a member of either houses is elected for the post of president then he shall be deemed to have vacated his post on the date on which he enters upon his office.

Article 59(2)- The president should not hold any other office of profit

Article 59(3)- The president is entitled without payment of rent to use of his official residences and shall also be entitled to such emolument, allowances and privliges as parliament may law define, until provisions of this were made by parliament, emolument, allowances and privliges are specified in second schedule.

Article 59(4)- Emolument and allowances of president shall not be diminished during his term of office.

Article 60- Oath or Affirmation

Every person acting as president before entering upon his office , in the presence of the chief justice of India or in his absence senior most judge of supreme court shall do an oath or affirmation in following way-

“I, A.B., do swear in the name of God that I will faithfully execute the office solemnly affirm of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”

Article 61- Impeachment

It deals with procedure of impeachment of President

Article 61(1)- When a president is to be impeached for violation of constitution, a charge shall be preferred by either house of parliament.

Article 61(2)- No charge shall be preferred unless-

• The proposal to prefer such charge is contained in a resolution moved after fourteen days notice to president in writing which is signed by atleast one fourth members of total members in house given their intention to move the resolution
• Resolution should be passed by two third members of house.

Article 61(3)- When the charge has been preferred by either house of parliament, the other house shall investigate the cause  and the president have right to appear and to be represented at such investigation.

Article 61(4)- If after the investigation a resolution is passed by 2/3^rd majority that charge against president is sustained , such resolution shall have a effect to remove president from his post.

Vacancy

Article 62(1)- An election to fill vacancy of president shall be done before the expiry of term of previous president.

Article 62(2)- An election to fill vacancy of president due to his death, resignation or removal shall be done as soon as possible and should not be delayed for more than 6 months from occurrence of such vacancy and the person by whom vacancy is filled is eligible for 5 years from date on which he enters office.