THE PRESIDENTIAL AND VICE PRESIDENTIAL ELECTIONS ACT 1952

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The power of President is binding through out the nation and its citizens. In a democratic nation like India president’s power shall be executed in all major events that determines the progress and welfare of the country. There are occurrences of certain circumstances when the three functional organs of the country –legislature, executive and judiciary – fail to function. In such crucial situations decision taken by the President of a country is absolute in nature. The President of a country shall be a person of diplomacy and at the same time he shall be a person who is capable of taking decisions favorable for the entire nation. To elect a person as the President of a nation requires strict procedures involving various stages of scrutiny. In India presidential and vice presidential elections determines the president of the country.

Article 52 of constitution of India states that the president of India is the head of government and the executive powers of the union. Article 58 put forth the qualifications required by a person who shall contest in the presidential election for being elected in the office of the president of India. Article 63 enables the election of vice president. Qualification for the election of the vice president is as same in the case of president. The president and the vice president are elected by the Electoral College consists the members of both houses of the parliament as prescribed in article 54 of constitution. According to the act of 1952 any person can be nominated to hold the office of the president or vice president if he has the qualifications stated in the constitution. Section 5 d of the act provides notices of the nominations and the place of scrutiny. A sum of rupees 2500/- shall be deposited by the candidate. The election is held through the system of proportional representation by means of single transferable vote. Section 13 part 3 of the act deals with the disputes regarding the election. According to section 14 an authority to try the election petition is stated. Section 14 subsection 2 states that the Supreme Court has the ultimate power to try the suits. Supreme Court can act on the petitions in accordance with the provisions of the act and article 145 of Constitution. According to section 17 Supreme Court is empowered to make orders on the received petitions. Section 22 deals with the secrecy of voting.

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 The presidential and vice presidential elections rules specifies the procedures to be adopted at the time of elections. The rules for opening the ballot paper is stated in rule 32 .Rule 33 deals with the determination of the results. Rule 35 the declaration of the results are stated. Rule 40 deals with the maintenance of the records of the members of the electoral colleges. The members of Electoral College consist of members of both houses of the parliament and the members of constituencies of the state from the legislative assembly. The Electoral College is referred in article 66 and the information of each member is updated for the essential purpose of presidential and vice presidential elections.

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The presidential and vice presidential act elaborately states every procedure to be adopted in a presidential election. Presidential election is the most important election as it determines the head of the nation. The president shall not be a person with a biased attitude. The oath taken by the president shall be to perform his duties for the entire wellness and benefits of the people of the country. He shall be a person with flawless past records in his political, professional and personal life.

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