Election of president
Naveen Jain
(Querist) 05 March 2012
This query is : Resolved
WHO SETTLES THE DISPUTES REGARDING THE ELECTION OF PRESIDENT...
PLZZ SUPPLY ARTICLE NUMBER AS WELL
prabhakar singh
(Expert) 05 March 2012
Which president you are talking about??????
Raj Kumar Makkad
(Expert) 05 March 2012
Article 52 states that there shall be a President of India. The executive powers of the Union shall be vested in the President. He, as the head of a state, symbolises the nation. In some democratic systems, the head of the state is also the head of the government and, therefore, he will also be the head of the political executive. The US Presidency represents this form. In Britain, the monarch is the symbolic head, representing the British nation. The powers of the Government are vested in the political office of the Prime Minister. In Indian Parliamentary democracy we have adopted the latter form. The President of India is the first citizen and represents the Indian nation and does not, therefore, belong to any particular political party. He is elected by the representatives of the people through an Electoral College.
Article 54 of the constitution says:
"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 (including National Capital Territory of Delhi and the Union Territory of Pondicherry vide the Constitution 70th amendment Act, 1992)."
Thus in the election of the President the citizens play no direct part and he is elected indirectly by the representatives or the people, like the American President but no special electoral college is elected, as in the case of America. Another point of difference that may be noted is that the election of the President of India is by the system of proportional representation, by the single transferable vote, as provided by Article 55(3) of the Constitution, while the American President is elected by the straight vote system.
Naveen Jain
(Querist) 05 March 2012
NO SIR @raj kumar makkad ... I M ASKING ////
WHAT IF THERE IS ANY DISPUTE REGARDING THE ELECTION OF PRESIDENT OF INDIA..??
C. P. CHUGH
(Expert) 05 March 2012
Please Clarify what kind of dispute you are talking about. Do you mean that what would happen if there is a tie of votes among two candidates, a remote possibility, otherwise whosoever get maximum votes is elected.
prabhakar singh
(Expert) 05 March 2012
Mr.C.P.CHUGH !
Are you not aware of V.V Giri case????
Guest
(Expert) 06 March 2012
Only a competent court of law has the jurisdiction to settle any legal dispute. So, the Constitutional Bench of the Supreme Court only can settle the dispute about election of President of India.
Deepak Nair
(Expert) 06 March 2012
Are you going to contest the election??
Naveen Jain
(Querist) 06 March 2012
Mr. Deepak Nair..
if u will vote.. then surely
Naveen Jain
(Querist) 06 March 2012
thanks sir...sh. P S dhingra..
sir is there any specific provision about the same
Deepak Nair
(Expert) 07 March 2012
Sorry, I cant vote for you.
C. P. CHUGH
(Expert) 08 March 2012
Sorry Mr P Singh,
It was long back and skipped my memory. Thanks for refreshing my memory.
Thanks
Guest
(Expert) 08 March 2012
Dear Naveen,
It is provided in Sub-clause (1) of Article 71 of the Constitutiton of India, which states as follows:
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/
Naveen Jain
(Querist) 08 March 2012
thanks so much sir..@ p s dhingra
