President (Article 52 - 62)

The President is the "Head of State, First Citizen of India, Commander-in-Chief of the Armed Forces of India, Constitutional Head of India and Commander-in-Chief of the Defence Forces". The President acts as a symbol of the unity, integrity, and solidarity of India.

Article 52 - The President of India

States that India shall have a President.

Article 53 - Executive Power of the Union

States that all executive powers of India are vested in the President.

Article 54 - Election of President

The article deals with the election of the President and the Electoral College. The Election Commission is responsible for conducting the presidential election. Presidential election is an indirect election. The people do not elect the President directly, but rather the President is elected by the people through representatives elected by the people. The Returning Officer for the Presidential election is the Secretary General of the Lok Sabha/Rajya Sabha. The votes for the Presidential election are cast in the Electoral College. The Electoral College consists of the elected members of the Lok Sabha, the elected members of the Rajya Sabha and the elected members of the Legislative Assembly (including those of Delhi and Puducherry).

Article 55 - Manner of election of President

This article deals with the procedure for the election of the President. It deals with the value of the votes of the members of the Electoral College for the Presidential election. The value of the votes of the MLAs is calculated on the basis of the population. This value is calculated on the basis of the 1971 Census.

As per 1971 census, MLA's voting value = (State population / Number of elected MLAs) x (1 / 1000)

As per 1971 census, MP's voting value = State MLAs' voting value / Number of elected MPs

The total value of votes in the Presidential election is 1098903. MPs and MLAs vote by secret ballot. The color of the ballot paper used by MPs is green and the color of the ballot paper used by MLAs is pink. The President must secure a certain percentage of votes known as the electoral quota. Disputes in the Presidential election are to be resolved in the Supreme Court (under Article 71)

Members who cannot vote in the Presidential election

a. Nominated Lok Sabha members

b. Nominated Rajya Sabha members

c. Nominated MLAs (including those of Delhi and Puducherry)

d. Nominated and elected members of the Legislative Council

Article 56 - Term of office of President

Describes the term of office of the President of India. The term of office of the President of India is 5 years. (That is, from that time he assumes office). However, if the President is not interested, he can submit his resignation to the Vice President.

Article 57 - Eligibility for re-election

Describes the eligibility for re-election. The President of India can contest the presidential election as many times as he wants. Except for Dr. Rajendra Prasad, no one has held the office of President more than once. 

Article 58 - Qualifications for election as President

Describes the eligibility to contest for the presidency. The amount of Rs. 15,000 required to contest the Presidential election can be paid in cash to the Returning Officer, or Rs. 15,000 should be deposited in the Reserve Bank or the Government Treasury. Nomination of the candidate for election to the office of president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. A candidate who does not get at least 1/6 of the votes cast will lose the amount deposited.

Qualifications for contesting for the presidency of India

a. Must be an Indian citizen

b. Must have completed 35 years of age

c. Must be qualified to become a member of the Lok Sabha

d. Must not hold any office of profit in the Central or State local bodies.

Offices exempted from office of profit

a. The sitting President

b. The sitting Vice President

c. The sitting Governors

d. All ministers including the Prime Minister

e. Ministers including Chief Ministers of all States

Article 59 - Conditions of President’s office

This article deals with the provisions relating to the official position of the President. A person who becomes the President shall not be a member of either House of Parliament or of the State Legislatures. If such a person is elected as the President, his seat in Parliament shall be deemed to be vacant. The President may use his official residence without paying rent. The salary and allowances of the President shall not be reduced during his term of office. The current monthly salary of the President is Rs. 5,00,000. A retired President will receive 50% of his salary as pension. In addition, former Presidents are entitled to a furnished residence, phone facilities, car, medical treatment, travel facilities and office expenses up to Rs 1 lakh per year. In the event of the death of a retired President, his wife will receive 50% of his pension as pension.

Article 60 - Oath or affirmation by the President

Describes the oath of office of the President. The oath of office is administered to the President of India by the Chief Justice of the Supreme Court. In the absence of the Chief Justice of the Supreme Court, the oath of office is administered by the senior-most judge of the Supreme Court. The oath of office taken by the President before assuming office shall include:

• To be faithful to his office

• To protect the Constitution and the law

• To devote himself to the service and welfare of the people of India.

Article 61 - Procedure for impeachment of the President

Describes the impeachment of the President. Impeachment is the procedure for removing the President before the completion of his term. The grounds for removing the President from office in the Constitution are violation of the Constitution. Impeachment is a quasi-judicial procedure of Parliament. The proceedings can be initiated in the Lok Sabha or the Rajya Sabha. Notice must be given to the President 14 days before the commencement of the proceedings. This resolution can be introduced in the House only if it is signed by 1/4 of the members of the House. The House that introduces the resolution for the first time is known as the First House. The majority required to pass the said resolution is a majority of 2/3 of the members of the House. After passing it in the first House, the resolution must be forwarded to the Second House. The Second House must conduct an inquiry into the violation of the Constitution. It is at this time that the President can justify his side. The majority required to pass the said resolution in the Second House is 73 members of the House. The President is removed from office on that date at which the Second House passes the said resolution. The participants in the impeachment motion will be all the elected and nominated members of the Lok Sabha and the Rajya Sabha. Members of the Legislative Assembly cannot participate in the impeachment motion. No President has ever been impeached or removed from office in India. The President of India has to submit his resignation to the Vice President and the Vice President has to submit his resignation to the President.

Article 62 - Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

This article states that in the event of the resignation, removal or death of the President, a new President must be elected within 6 months. In the absence of the President, the Vice President acts as the Acting President. However, in the absence of the President and the Vice President, the Chief Justice of the Supreme Court acts as the Acting President. In the absence of the President, Vice President and Chief Justice of the Supreme Court, the Acting President is the senior most judge of the Supreme Court.