(Dr. Priyanka Saurabh)
His Excellency President Ram Nath Kovind’s term is ending on July 24, 2022, the election to fill the post of 16th President of India will be held on 18th July. 4,809 voters, including MPs and MLAs, will participate in the voting to choose President Kovind’s successor. In the last election held in 2017, Ram Nath Kovind became the President by defeating the joint opposition candidate Meira Kumar. Kovind got 7,02,000 votes against Kumar’s 3,67,000 out of a total of 10,69,358 votes. But once the President is elected, the enthusiasm wanes and Rashtrapati Bhavan does not get much attention for the next five years.
Part V of the Constitution (Union) under Chapter I (Executive) lists the qualifications, election, and impeachment of the President of India. The President of India is the head of state of the Republic of India. The President is the ceremonial head of the executive, legislature, and judiciary of India and is also the Commander-in-Chief of the Indian Armed Forces. Article 53 of the Constitution of India states that the President may exercise his powers by authority directly or subordinate, with few exceptions, all executive powers vested in the President are, in practice, exercised by the Council of Ministers. Under Article 57, a person who holds office as President, or who has held office, shall, subject to other provisions of this Constitution, be eligible for re-election to that office.
The Indian President is elected through an electoral college system, in which votes are cast by national and state-level MPs. Elections are conducted and overseen by the Election Commission of India (EC). The electoral college consists of all the elected members of the Upper and Lower Houses of Parliament (Rajya Sabha and Lok Sabha MPs) and elected members of the Legislative Assemblies (MLAs) of the States and Union Territories. The vote cast by each MP or MLA does not count as one vote.The fixed value of each vote by an MP of Rajya Sabha and Lok Sabha is 708. Meanwhile, the vote value of each legislator varies from state to state based on a count that factors its population in comparison to its numbers. Member of its Legislative Assembly. Uttar Pradesh has the highest vote value of 208 for each of its MLAs. The vote value of an MLA in Maharashtra is 175, while in Arunachal Pradesh it is just 8. The value of each legislator’s vote is determined.A nominated candidate does not win by simple majority but through the system of securing a specific quota of votes. During the counting of votes, the Election Commission sums up all valid votes cast by the electoral college through paper ballots, and to win, the candidate must secure 50% + 1 of the total votes cast. Unlike general elections, where voters vote for a candidate of a single party, electoral college voters write the names of the candidates in order of preference on the ballot paper. The President is elected according to the system of proportional representation using the single transferable vote and voting is by secret ballot.
The role of the population and responsibility towards them is an important factor in the election of the President, which means that the presence of the people is very much visible in the process of the Presidential election. It gives a wider base to the President based on one member, one vote as compared to a vote by legislators only. It also gives the President more moral authority. He does not directly exercise the executive authority of the Union, but he can disagree with the decision of the Council of Ministers, caution them, advise them, etc. Can ask for reconsideration of decision The President can ask the Cabinet to reconsider its decisions.
Under the cabinet system of government, it is the cabinet that is responsible for the decisions of the government. The President is in no way personally responsible for the decisions he approves. The Constitution of India wants the President to be alert and accountable and gives him the freedom to have a broad view of things unaffected by the narrow political view of the executive. Will protect and protect the Constitution as well as the good of the people and the President will dedicate himself to the service and well-being of the people of India.
In the Shamsher Singh State of Punjab, the Supreme Court held that the Governor and the President are only former heads of state. When they require the satisfaction required by the Constitution, it is not their satisfaction, but the satisfaction of the Council of Ministers, whose assistance is And on the advice they exercise powers and actions. In addition to a political dynasty, the appointment of presidents often smacks of symbolism.
The President will take decisions only on the advice of the Cabinet. They do not have the right to interfere in the affairs of the central or state government. However, this is not true. The President can call for a file related to any decision of the government. When Neelam Sanjiva Reddy was the President, he used to take direct reports from Natwar Singh posted in Pakistan on Indo-Pak relations. Natwar Singh was initially hesitant. But at the behest of Prime Minister Indira Gandhi, he also started reporting to the President. When Dr. Kalam was the President, he visited Naroda Patiya after the Gujarat riots. Also sought a report from the state on relief work.
The major role of the President is to prevent the parliamentary government from becoming parliamentary anarchy and it is the authority of the President that binds the country and the people together. There were presidents like Rajendra Prasad and Sarvepalli Radhakrishnan who openly differed with the government on certain policy issues and could exert tremendous influence on the government. The President can disagree with the government or intervene on behalf of the citizens against the tyranny of the executive and persuade him to leave his ways. The solemn oath that the President takes is required to be done.Under Article 78 the President has the right to receive information from the Prime Minister regarding the administration of the affairs of the Union. Under established tradition, the President has the authority to warn or encourage the Council of Ministers in the exercise of his power. To make this a reality, India needs presidents, not presidential office bearers.
