President of India

Notes

The President is the constitutional head of the Union executive (Art. 52 to 62) in the parliamentary system, and the first citizen of India. Art. 53: Executive power of the Union is vested in the President, exercised directly or through subordinate officers; the President is the Supreme Commander of the Defence Forces.

Qualifications (Art. 58)

Citizen of India; completed 35 years; qualified for election as a member of the Lok Sabha; must not hold an office of profit under the Union, State or any local or other authority.

Conditions of office (Art. 59)

Must not be a member of Parliament or a State legislature (if so, seat is deemed vacated on taking office).
Salary is ₹5 lakh per month (raised in 2018), pension 50% of salary; emoluments cannot be reduced during the term.

Term and oath

Five-year term (Art. 56), but continues until the successor takes charge; eligible for re-election (Art. 57). Dr. Rajendra Prasad is the only President elected twice.
Oath (Art. 60): administered by the Chief Justice of India or, in his absence, the senior-most judge of the Supreme Court.
Resignation: in writing addressed to the Vice-President.
Vacancy (Art. 62): a new President must be elected within six months. The Vice-President acts as President in the interim (Art. 65).

Impeachment (Art. 61)

Ground: violation of the Constitution (term not defined). A quasi-judicial procedure.
Resolution can be initiated in either House; must be signed by at least one-fourth of the total members of that House, with 14 days' notice to the President.
Must be passed by a two-thirds majority of the total membership of that House. The other House investigates the charges (the President may appear or be represented); if it also passes by a two-thirds majority of its total membership, the President is removed.
Nominated members of Parliament participate; elected members of State legislatures do not. Never used so far.

Position: real or nominal?

Art. 74: Council of Ministers with the PM at the head to aid and advise the President. The 42nd Amendment (1976) made this advice binding; the 44th Amendment (1978) allows the President to ask for reconsideration once, but he must act on the advice that follows.
Courts cannot enquire into advice tendered by ministers (Art. 74(2)).
The President enjoys immunity for official acts (Art. 361).
Presidents who died in office: Dr. Zakir Husain and Fakhruddin Ali Ahmed.
Disputes about the election of President or Vice-President are decided by the Supreme Court (Art. 71).

Key Points

Art. 52-62; qualifications: citizen, 35 years, eligible for Lok Sabha.
Impeachment: only for violation of the Constitution; two-thirds of total membership in both Houses.
Oath by the Chief Justice of India; resignation to the Vice-President.
Art. 74: advice binding (42nd), one reconsideration allowed (44th).
Election disputes go to the Supreme Court.

MCQs

Q1. The President of India can be removed by impeachment on the ground of: (a) Misbehaviour (b) Violation of the Constitution (c) Proved incapacity (d) Corruption Ans: (b). Art. 61.

Q2. Which Amendment empowered the President to send back the advice of the Council of Ministers for reconsideration once? (a) 42nd (b) 44th (c) 24th (d) 52nd Ans: (b). The 42nd made advice binding; the 44th allowed one reconsideration.

Q3. The oath of office is administered to the President by: (a) Vice-President (b) Chief Justice of India (c) Speaker of Lok Sabha (d) Prime Minister Ans: (b). Art. 60.