The Parliament and State Legislatures, through their elected representatives, participate in the election of the President and Vice President and also play a crucial role in the removal of Supreme Court and High Court judges. Here's a breakdown:
Presidential Election: The President of India is not directly elected by the people. Instead, they are elected by an Electoral College consisting of:
Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
Elected members of the Legislative Assemblies (MLAs) of all states.
Elected members of the Legislative Assemblies of Union Territories with legislatures (currently Delhi, Puducherry, and Jammu & Kashmir).
This system ensures representation of both the Union (Parliament) and the states in the election of the head of state. The value of each MLA's vote is determined by the population of their state, ensuring proportional representation. The value of each MP's vote is then derived by dividing the total value of all MLA votes by the total number of elected MPs. This system ensures parity between states and the center. The election itself uses a system of proportional representation by means of the single transferable vote.
Vice-Presidential Election: The Vice President is elected by an Electoral College consisting of all members (elected and nominated) of both Houses of Parliament (Lok Sabha and Rajya Sabha). State Legislatures do not participate in the election of the Vice President.
Removal of Judges: Judges of the Supreme Court and High Courts can only be removed through a process called impeachment (although the constitution does not use the word impeachment). This requires:
A resolution must be passed in either the Lok Sabha or the Rajya Sabha with 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 grounds for removal are proven misbehavior or incapacity.
If the resolution is passed by one House, it is then sent to the other House, which investigates the charges.
If the other House also passes the resolution with the same special majority, the President can then issue an order removing the judge.
No judge has ever been successfully impeached in India.
Answered :- 2023-09-07 10:43:18
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