Presidential Election

Shri Pranab Mukherjee and Shri Purno Sangma all set to contest the presidential election on 19.07.2012.

The Parliamentary System and India:

• Countries follow Presidential, Parliamentary, sometimes even Semi Presidential systems of government. These are classified based on the relationships between the top positions of the government.
• A presidential system like the one practiced in USA vests entire executive powers with the President who forms the Head of the state as well as the Head of the government.
• A parliamentary system like India adopts a ceremonial position for the President. Some nations like UK have a hereditary Presidentship falling under Constitutional monarchy, while India is a Republic having elected President.
• Thus Indian system has President as the Head of the state while the Prime minister forms the Head of the Government,wielding real executive powers.

 Election of the President:

• With the election of president round the corners, a little introspection will help us understand the process.
• We have adopted an Indirect election for the President, i.e., no direct voting I will not have a direct say in who becomes the president of my country, my representative indeed decides who sits in that position.
• Eligible members to vote:(Article 54)
• Elected MPs of both the houses of the parliament (Rajya Sabha and Loksabha)(nominated members not permissible).
• Elected MLAs and MLCs(if applicable) of all states.
• Elected MLAs of Delhi and Pondicherry.
• To ensure uniformity in representation amongst states in electing such an important position, MLAs MPs, MLCs are not given single or equal votes. Number of votes varies in accordance with population.
• For Example Value of 1 MLA= Total population of a state/(Total number of elected members in the legislative assembly X 1000) (number of votes he possesses).
•  Value of an MP= Total values of all MLAs of all states/ Total number of elected members of the Parliament.

Who is in-charge of this Election:

• The election commission of India is mandated under the constitution article 324, to conduct the elections for the post of President.
• The manner of election is proportional representation by means of single transferable vote, conducted by a secret ballot.(specified in article 55 of the constitution).

Can I become the President:

Yes If I satisfy:

• Indian Citizen
• Should have completed 35 Years of age.
• Should be eligible to become a member of Loksabha.
• Not hold any Office of profit.
• At-least have  50 members of Parliament, to propose my name and 50 others as seconders.
• Should deposit Rs.15000 as security deposit in Reserve bank of India.

What is the power that our President has:

• Though a ceremonial position the post of Presidentship is endowed with various powers, to name a few:
• All Executive decisions of the government taken in his name, he appoints the Prime minister, chairman of various commissions like Election commission, CAG, Union public service commission etc.,
• He has power to summon, prorogue the sessions of  both the houses of the parliament, nominates 12 members to Rajya sabha, 2 members to loksabha, has powers to veto bills,promulgate ordinances etc.,
• He lays the budget before the parliament for approval, constitutes the finance commission every five years.
• He appoints the chief justice of India, can seek advice from the supreme court on any question of law (constitutional reference).
• Has powers to grant pardons, reprieve, respite, remission, commute a sentence.
• International treaties are negotiated on his behalf, and is the supreme commander of the defence forces of India.
• Thus the president who is the first citizen, plays a central role in the executive wing.

Can He  Resign, be Removed:

•  Normally his tenure is for a period for 5 years, but he can resign by addressing to the Vice president, who should communicate it to the speaker of the loksabha.
• Also he can be removed from his office by the parliament for violation of the constitution.
• Procedure for removal:
• A resolution for the purpose forwarded by at least one-fourth of the total members of the house initiating the charges, after fourteen days notice. 
• Such a resolution should be voted and passed by at least two-thirds of total membership of the house.
• After the initiating house passes the other house(loksabha /rajyasabha) investigates the charges, here the president can appear and defend himself.
• If after investigation the charges are sustained and the resolution is passed by two-thirds majority of the membership of the house, then the president stands removed.

 Basics:

Proportional representation by means of single Transferable vote:

                 This is a system of preferential voting, wherein the voters rank all the contestants of the election in a order of their choice to be elected. A candidate to be elected should get the minimum quota of votes(total votes/(number of posts for which election is held+1)+1). The counting proceeds in rounds. If no candidate gets required quantum of votes then the candidate/s having least choice of first preference is first eliminated, their second choice votes are distributed to respective candidates and this process of elimination and redistribution proceeds are continued till only required number of candidate/s gets minimum quota of votes.

Veto???:

               Any Bill passed by the parliament can become an act only after it receives the assent of the president. The president here has veto powers(power to withhold assent) under article 111:

• Absolute Veto: Withholding assent to the bill
• Suspensive Veto: Which can be overridden by legislature by re-passing with ordinary majority.
• Qualified Veto: Requires special majority for overriding the veto of the president(not available in India)
• Pocket Veto: Taking no action on Bill passed by the parliament.

What is an Ordinance:(Article 123)

                  An ordinance is similar to an act/parliamentary law, only difference this is issued by president, when one or both the houses of parliament are not in session. This power of legislation is not a bypass to parliamentary law making and is not the discretion of the president. He acts on the advice of the Prime minister and the council of ministers, and is provided to meet any exigencies. An ordinance is temporary and ceases to operate unless approved by parliament within 6 weeks after its assembly. An ordinance can be withdrawn by the president, parliament(passing resolution to that effect). Ordinance making has been a controversy due to its misuse to forward executive decisions without meeting parliament.

Pardon???:(Article 72) 

                    Is a power on the president to reduce, change the nature of punishment, or completely acquit a person of his charges if he believes a judicial error has been committed or the punishment is unduly harsh. This power extends to reducing the death sentence issued to a person by a court of India(including Supreme court). Though a discretionary power this has to be be exercised on the advice of the union cabinet.