Election of President, Vice President, Chief Minister and Governor for CLAT - Practice Questions & MCQ

Introduction:

• Elections are a fundamental aspect of Indian democracy, allowing citizens to participate in the selection of their representatives at various levels of government.

Election of the President:

• The President of India is the ceremonial head of state and is elected by an electoral college consisting of members of both houses of Parliament (Lok Sabha and Rajya Sabha) and the Legislative Assemblies of States and Union Territories.
• The election is conducted through a secret ballot, and the candidate who secures more than 50% of the total votes is declared the President.
• Example: In the 2017 Presidential election, Ram Nath Kovind was elected as the 14th President of India.

Election of the Vice President:

• The Vice President is elected by members of an electoral college, which includes members of both houses of Parliament.
• The Vice President's role is to preside over the Rajya Sabha and act as the President of India in case of the President's absence or vacancy.
• Example: In 2022, M. Venkaiah Naidu was re-elected as the Vice President of India.

Election of the Chief Minister:

• The Chief Minister is the head of the state government and is usually the leader of the majority party in the Legislative Assembly.
• The Chief Minister is not directly elected by the people but is appointed by the Governor of the state, who is often guided by the party with a majority in the Assembly.
• Example: In 2021, Mamata Banerjee was re-elected as the Chief Minister of West Bengal.

Appointment of the Governor:

• The Governor is the head of a state or Union Territory and is appointed by the President of India.
• While the Governor is not directly elected by the people, they play a crucial role in the administration of the state or Union Territory.
• Example: In 2020, Bhagat Singh Koshyari was appointed as the Governor of Maharashtra.

Case Law:

• Kesavananda Bharati vs. State of Kerala (1973): This landmark case established the doctrine of the "basic structure" of the Indian Constitution, ensuring that certain core principles of the Constitution cannot be amended by Parliament.
• S.R. Bommai vs. Union of India (1994): This case clarified the limitations on the power of the Governor in dismissing a state government and upheld the principle of federalism in India.
• Mohinder Singh Gill vs. Chief Election Commissioner (1978): In this case, the Supreme Court of India upheld the principle of free and fair elections as a basic feature of the Constitution.