LibraryElection, qualifications, and impeachment

Election, qualifications, and impeachment

Learn about Election, qualifications, and impeachment as part of UPSC Polity and Constitution Mastery

Understanding Elections, Qualifications, and Impeachment in Indian Union Government

This module delves into critical aspects of the Indian Union Government's executive and legislative branches: the electoral process, eligibility criteria for holding office, and the significant process of impeachment. Understanding these elements is crucial for mastering UPSC Polity and Constitution.

Electoral Process for Union Executive and Legislature

The election of members to the Union Legislature (Lok Sabha and Rajya Sabha) and the President of India follows distinct constitutional procedures. These processes ensure democratic representation and the selection of qualified individuals to govern.

Lok Sabha Elections

Members of the Lok Sabha are directly elected by the people of India through universal adult suffrage. The country is divided into territorial constituencies, and each constituency elects one representative. Elections are conducted by the Election Commission of India.

Rajya Sabha Elections

Members of the Rajya Sabha are indirectly elected. 12 members are nominated by the President for their contributions to art, literature, science, and social service. The remaining seats are filled by elected representatives from the States and Union Territories. These elections are held by a system of proportional representation by means of the single transferable vote.

Presidential Elections

The President of India is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the State Legislative Assemblies. The election is held in accordance with the system of proportional representation by means of the single transferable vote.

Who conducts elections for the Lok Sabha?

The Election Commission of India.

Qualifications for Membership

To be eligible for election to Parliament or to hold the office of President, individuals must meet certain constitutional qualifications. These ensure that officeholders are citizens of India and possess the necessary integrity and capacity.

Qualifications for Members of Parliament (Lok Sabha & Rajya Sabha)

A person shall not be a member of Parliament unless he— (a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule; (b) is not less than twenty-five years of age for the Lok Sabha and not less than thirty years of age for the Rajya Sabha; (c) possesses such other qualifications as may be prescribed in this behalf by or under any law made by Parliament.

Qualifications for President of India

To be eligible for election as President, a person must— (a) be a citizen of India; (b) have completed the age of thirty-five years; (c) be qualified for election as a member of the House of the People (Lok Sabha).

Note: Disqualifications for membership are also detailed in the Constitution, often relating to holding office of profit, unsoundness of mind, or being an undischarged insolvent.

What is the minimum age to be a member of the Rajya Sabha?

Thirty years.

Impeachment Process

Impeachment is a quasi-judicial process by which a high official, such as the President, can be removed from office for 'violation of the Constitution'. This process is a significant check on executive power.

Impeachment of the President

The President can be impeached for 'Violation of the Constitution'. The process can be initiated in either House of Parliament. A resolution for impeachment requires a special majority (a majority of the total membership of the House and a majority of not less than two-thirds of the members of that House present and voting).

The House initiating the charges investigates them. If the charges are substantiated, the other House conducts a further inquiry. If the President is found guilty, the resolution for impeachment is passed, leading to their removal from office.

Impeachment of Judges of Supreme Court and High Courts

Judges of the Supreme Court and High Courts can also be removed through an impeachment process for 'proved misbehaviour or incapacity'. The procedure is similar to that of the President, involving charges brought by one House and investigated by the other, requiring a special majority for removal.

The impeachment process for the President of India involves a two-stage procedure with specific majority requirements. First, a notice of impeachment must be signed by at least one-fourth of the total members of the initiating House. Second, the resolution must be passed by a special majority (two-thirds of the total membership and two-thirds of those present and voting) in both Houses. This ensures a high threshold for removing the head of state.

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What is the ground for impeaching the President of India?

Violation of the Constitution.

Key Takeaways for UPSC Preparation

Focus on the specific articles of the Constitution related to these processes (e.g., Articles 52-78 for the President, Articles 84 & 102 for MPs, Articles 61 for impeachment). Understanding the electoral college for the President and the special majority required for impeachment are critical for exam success.

Learning Resources

The Constitution of India - Part V: The Union(documentation)

Provides the foundational legal text covering the President, Parliament, and their respective powers and procedures, including elections and impeachment.

Election Commission of India - About Us(documentation)

Official website of the ECI, detailing its role, functions, and the electoral processes it oversees in India.

Presidential Election Process Explained(video)

A clear and concise video explaining the electoral college and the process of electing the President of India.

Lok Sabha - Members of Parliament(documentation)

Information on the Lok Sabha, including details about its members and the electoral system for direct representation.

Rajya Sabha - About Rajya Sabha(documentation)

Official overview of the Rajya Sabha, its composition, and the indirect election process for its members.

Impeachment of the President of India(blog)

A detailed explanation of the grounds, procedure, and constitutional articles related to the impeachment of the Indian President.

Article 61 of the Indian Constitution(documentation)

The specific constitutional article outlining the procedure for the impeachment of the President.

UPSC Polity: President - Election, Qualifications, Impeachment(blog)

A UPSC-focused article breaking down the key aspects of the President's election, qualifications, and impeachment process.

Removal of Judges of Supreme Court and High Courts(blog)

Explains the process and grounds for removing judges, which shares similarities with presidential impeachment.

Indian Polity by Laxmikanth (Chapter on President)(paper)

While not a direct URL, referencing this widely acclaimed book's chapter on the President is essential for comprehensive UPSC preparation on this topic.