The Constitution of India – Part V

The Constitution of India

Part V

THE UNION

Chapter I – The Executive

The President and Vice-President


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 nay State or other authority; or

(b) prevent Parliament from conferring by law functions on authorities other than the President.


54. Election of the 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 State.

[Explanation: In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union Territory of ‘Pondicherry’ by the Constitution (70th Amendment) Act, 1992]

[Now Puducherry vide the Pondicherry (Alteration of Name) Act, 2006]


55. Manner of election of President –

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner :

(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiplies of one thousand in the quotient obtained by dividing the population of the State by the total number of elected members of the Assembly.

(b) if, after taking the said multiplies 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;

(c) 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 elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be done by secret ballot.

[Explanation: In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; by the Constitution (42nd Amendment) Act 1976]

[Provided that the reference in this explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971  Census; by the Constitution (84th Amendment) Act 2001.]


56. Term of office of President –

(1) The President shall hold the office for a term of five years from the date on which he enters upon his office:

Provided that –

(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;

 

 

 

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