- THE PRESIDENT
UNIT 7 – THE PRESIDENT – PART 1
THE PRESIDENT
The President
The President is the head of the State and he is the first citizen of India. Articles 52 to 62 under Part V deals with the powers, functions, election, impeachment and so on of the President of India.
Qualification: To be eligible for election to the office of President, a person
- Must be a citizen of India,
- Must be over 35 years of age and
- Must be eligible to become a member of Lok Sabha.
OFFICE OF PROFIT:
A person shall not be eligible for election as President if he holds an office of profit under the union government or the government of any state or a local authority or any other authority which is controlled by any of the said governments. However, the offices of the President, the Vice President, the Governor of states and the Ministers for the union or the states are not considered as offices of profit for election to President. That is, the persons serving in the mentioned offices are eligible.
ELECTION:
The President is elected by an electoral college composed only of the elected members of Lok Sabha, Rajya Sabha and the Legislative Assemblies of the States, including the Legislative Assemblies of the Union Territories of Puducherry and National Capital Territory of Delhi.
Note: ● The Members of the State Legislative Councils (MLCs) are prevented from voting in Presidential elections. ● Nominated members of both the houses of Parliament and State Legislative Assemblies are also prevented from voting in Presidential elections. ● The system of Single Transferable Vote is followed by both the MLAs and the MPs in the election of the President. ● Anti-defection law and the role of whips are not applicable to Presidential election. Every voter is expected to vote based on one’s conscience. |
OATH OR AFFIRMATION:
The President or the person who acts as the President in case of vacancy or discharges the functions of President in his absence, is required to take an oath in the presence of Chief Justice of India before entering the office of President.
Note: ● In case of absence of Chief Justice of India, the available senior most Judge of the Supreme Court shall administer the oath to the person entering the office. ● The primary duties of the President are described in the oath as to preserve, protect and defend the constitution and the law of the land. |
Term of Office:
The President holds office for a term of five years from the date on which he assumes office. However,
- The President may resign his office by submitting his resignation letter, duly signed by him to the Vice President of India and communicating the same to the Speaker of Lok Sabha.
- The President may be removed from office by the Parliament through impeachment in case of him violating the constitution.
- The President shall continue to remain in the office even after the expiry of his term until his successor takes upon the office.
IMPEACHMENT:
The charges for impeachment can be initiated in either house of the Parliament. The resolution for impeachment can be moved in the house that initiated it only after giving a 14 days written notice to the President signed by a minimum of 1/4th of the total members of the house, mentioning the charges against him. The resolution has to be passed with a 2/3rd majority in the house that initiated the charges.
After the resolution is passed in the house that initiated the charges, the other house will initiate investigation over the charges against the President. The President has the right to defend himself against the charges.
If the other house, after investigation, passes a resolution with a 2/3rd majority of the total members of the house, accepting the charges against the President, he will be removed from the office from the date on which the resolution is passed.
Note: 1. The President can be impeached only on the ground of ‘Violation of Constitution’. But what constitutes a violation of the constitution is not defined in the constitution. 2. The MLAs of the states do not take part in the impeachment of President though they take part in his election. 3. The nominated MPs of both the houses of the Parliament participate in the impeachment of President though they do not participate in his election. 4. The office of President can become vacant in three cases ● Normal vacancy due to the expiry of the five year term ● An unexpected vacancy in case of death or resignation or removal of the person in office. ● When the election of President is declared void by the Supreme Court. All the disputes related to the election of President are inquired by the Supreme Court and its verdict is final. |