1748 Mon Jan 18 2016
FREE Online A1 (Awakened One) Tipiṭaka Research & Practice University
in Visual Format (FOA1TRPUVF)
through http://sarvajan.ambedkar.org
email:
aonesolarpower@gmail.com
aonesolarcooker@gmail.com
Please correct this Google Translation in your Mother Tongue. That will be your exercise !
THE CONSTITUTION OF INDIA
INSIGHT-NET
NEWS
52. The President of India.-
There shall be a President of India.
53. Executive power of the Union.-
(1) The executive power of the Union shall be vested in the President and shall be exercised by him
either directly or through officers subordinate to him in accordance
with this Constitution.
(2) Without prejudice to the generality of the foregoing provision,
the supreme command of the Defence Forces of the Union shall be vested
in the President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall-
(a) be deemed to transfer to the President any functions conferred by
any existing law on the Government of any State or other authority;
or
(b) prevent Parliament from conferring by law functions on authorities
other than the President.
54. Election of President.- The President shall be elected by the
members of an electoral college consisting of-
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
_46[Explanation.-In this article and in article 55, State includes the
National Capital Territory of Delhi and the Union territory of
Pondicherry.]
PART V
THE UNION
CHAPTER I.-THE EXECUTIVE
The President and Vice-President
55. Manner of election of President.- (1) As far as practicable, (2) For the purpose of securing such uniformity among the States
(a) every elected member of the Legislative Assembly of a State shall (b) if, after taking the said multiples of one thousand, the remainder (c) each elected member of either House of Parliament shall have such (3) The election of the President shall be held in accordance with _47[Explanation.-In this article, the expression “population” means |
PART V
THE UNION
CHAPTER I.-THE EXECUTIVE
The President and Vice-President
56. Term of office of President.- (1) The President shall hold office Provided that- (a) the President may, by writing under his hand addressed to the (b) the President may, for violation of the Constitution, be removed (c) the President shall, notwithstanding the expiration of his term, (2) Any resignation addressed to the Vice-President under clause (a) |
PART V
THE UNION
CHAPTER I.-THE EXECUTIVE
The President and Vice-President
57. Eligibility for re-election.- A person who holds, or who has
held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. |
58. Qualifications for election as President.- (1) No person shall be
eligible for election as President unless he-
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he
holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject
to the control of any of the said Governments.
Explanation.-For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the
President or Vice-President of the Union or the Governor_48*** of any
State or is a Minister either for the Union or for any State.
PART V
THE UNION
CHAPTER I.-THE EXECUTIVE
The President and Vice-President
59. Conditions of President’s office.- (1) The President shall not be (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use
(4) The emoluments and allowances of the President shall not be 60. Oath or affirmation by the president.
|
PART V
THE UNION
CHAPTER I.-THE EXECUTIVE
The President and Vice-President
60. Oath or affirmation by the President.- Every President and every
person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say- “I, A.B., do swear in the name of God/solemnly affirm that I will
faithfully execute the office 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.”. |
61. Procedure for impeachment of the President.-
(1) When a President
is to be impeached for violation of the Constitution, the charge shall
be preferred by either House of Parliament.
(2) No such charge shall be preferred unless-
(a) the proposal to prefer such charge is contained in a resolution
which has been moved after at least fourteen days’ notice in writing
signed by not less than one-fourth of the total number of members of
the House has been given of their intention to move the resolution,
and
(b) such resolution has been passed by a majority of not less than
two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to
be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a
majority of not less than two-thirds of the total membership of the
House by which the charge was investigated or caused to be
investigated, declaring that the charge preferred against the
President has been sustained, such resolution shall have the effect of
removing the President from his office as from the date on which the
resoultion is so passed.
62. Time of holding election to fill vacancy in the office of
President and the term of office of person elected to fill casual
vacancy.-
(1) An election to fill a vacancy caused by the expiration of
the term of office of President shall be completed before the
expiration of the term.
PART V
THE UNION
CHAPTER I.-THE EXECUTIVE
The President and Vice-President
63. The Vice-President of India.- There shall be a Vice-President of |
64. The Vice-President to be ex officio Chairman of the Council of
States.-
The Vice-President shall be ex officio Chairman of the
Council of States and shall not hold any other office of profit:
65. The Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the
absence, of President.-
(1) In the event of the occurrence of any
vacancy in the office of the President by reason of his death,
resignation or removal, or otherwise, the Vice-President shall act as
President until the date on which a new President elected in
accordance with the provisions of this Chapter to fill such vacancy
enters upon his office.
(2) When the President is unable to discharge his functions owing to
absence, illness or any other cause, the Vice-President shall
discharge his functions until the date on which the President resumes
his duties.
(3) The Vice-President shall, during, and in respect of, the period
while he is so acting as, or discharging the functions of, President,
have all the powers and immunities of the President and be entitled to
such emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second
Schedule.
66. Election of Vice-President.-
(1) The Vice-President shall be
elected by the _49[members of an electoral college consisting of the
members of both Houses of Parliament] in accordance with the system of
proportional representation by means of the single transferable vote
and the voting at such election shall be by secret ballot.
(2) The Vice-President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the Legislature
of any State be elected Vice-President, he shall be deemed to have
vacated his seat in that House on the date on which he enters upon his
office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless
he-
(a) is a citizen of India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.
(4) A person shall not be eligible for election as Vice-President if
he holds any office of profit under the Government of India or the
Government of any State or under any local or other authority subject
to the control of any of the said Governments.
Explanation.-For the purposes of this article, a person shall not be
deemed to hold any office of profit by reason only that he is the
President or Vice-President of the Union or the Governor _50*** of any
State or is a Minister either for the Union or for any State.
67. Term of office of Vice-President.-
The Vice-President shall hold
office for a term of five years from the date on which he enters upon
his office:
Provided that-
(a) a Vice-President may, by writing under his hand addressed to the
President, resign his office;
(c) a Vice-President shall, notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his
office.
68. Time of holding election to fill vacancy in the office of
Vice-President and the term of office of person elected to fill casual
vacancy.-
(1) An election to fill a vacancy caused by the expiration of
the term of office of Vice-President shall be completed before the
expiration of the term.
69. Oath or affirmation by the Vice-President.-
Every Vice-President
shall, before entering upon his office, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or
affirmation in the following form, that is to say-
“I, A.B., do swear in the name of God/solemnly affirm that I will bear
true faith and allegiance to the Constitution of India as by law
established and that I will faithfully discharge the duty upon which I
am about to enter.”.
70.
Discharge of President’s functions in other
contingencies.-
_51[71. Matters relating to, or connected with, the election of a
President or Vice-President.-
(1) All doubts and disputes arising out
of or in connection with the election of a President or Vice-President
shall be inquired into and decided by the Supreme Court whose decision
shall be final.
(2) If the election of a person as President or Vice-President is
declared void by the Supreme Court, acts done by him in the exercise
and performance of the powers and duties of the office of President or
Vice-President, as the case may be, on or before the date of the
decision of the Supreme Court shall not be invalidated by reason of
that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by
law regulate any matter relating to or connected with the election of
a President or Vice-President.
(4) The election of a person as President or Vice-President shall not
be called in question on the ground of the existence of any vacancy
for whatever reason among the members of the electoral college
electing him.]
72. Power of President to grant pardons, etc., and to suspend, remit
or commute sentences in certain cases.-
(1) The President shall have
the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person
convicted of any offence-
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence
against any law relating to a matter to which the executive power of
the Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union to
suspend, remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the
Governor _52*** of a State under any law for the time being in force.
73. Extent of executive power of the Union.-
(1) Subject to the
provisions of this Constitution, the executive power of the Union
shall extend-
(a) to the matters with respect to which Parliament has power to make
laws; and
(b) to the exercise of such rights, authority and jurisdiction as are
exercisable by the Government of India by virtue of any treaty or
agreement: Provided that the executive power referred to in sub-clause (a) shall
not, save as expressly provided in this Constitution or in any law
made by Parliament, extend in any State _53*** to matters with respect
to which the Legislature of the State has also power to make laws.
(2) Until otherwise provided by Parliament, a State and any officer or
authority of a State may, notwithstanding anything in this article,
continue to exercise in matters with respect to which Parliament has
power to make laws for that State such executive power or functions as
the State or officer or authority thereof could exercise immediately
before the commencement of this Constitution.