The President of India

ØHow is President elected?
There is no direct election for the Indian President. An electoral college elects him. The electoral college responsible for President’s elections comprises elected members of:
Lok Sabha and Rajya Sabha
Legislative Assemblies of the states (Legislative Councils have no role)
Legislative Assemblies of the Union Territories of Delhi and Puducherry

ØWho does not take part in the President’s elections?

The following group of people is not involved in electing the President of India:

1.Nominated Members of Rajya Sabha (12)

2.Nominated Members of State Legislative Assemblies

3.Members of Legislative Councils (Both elected and nominated) in bicameral legislatures

4.Nominated Members of union territories of Delhi and Puducherry

A candidate has to meet some qualifications to be elected as the president. Those qualifications of the President are:

1.He should be an Indian Citizen

2.His age should be a minimum of 35 years

3.He should qualify the conditions to be elected as a member of the Lok Sabha

4.He should not hold any office of profit under the central government, state government, or any public authority.

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ØWhat are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s elections:

1.He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he should vacate the seat on his first day as President in the office

2.He should not hold any office of profit

3.For his residence, Rashtrapati Bhavan is provided to him without the payment of rent

4.Parliament decides his emoluments, allowances and privileges

5.Parliament cannot diminish his emoluments and allowances during his term of office

6.He is given immunity from any criminal proceedings, even in respect of his personal acts

7.Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his personal acts that too after giving two months’ of prior notice.

The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.’

Note: Indian Constitution contains no definition of ‘violation of the constitution.’

The impeachment process of President is given below. (We have taken Lok Sabha as the first house to initiate the impeachment charges, however, Rajya Sabha too can initiate the impeachment charges against President and in that case, it will pass the resolution and send the charges to Lok Sabha which will investigate and pass it if it finds those charges valid.)

Can the President’s office be vacant?

Yes, his office can be vacant in the following ways:

1.When the President of India completes his term of five years in the office

2.If the President resigns by putting forward his resignation to the Vice-President of India

3.If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed

4.If he dies in the office

5.If the Supreme Court declares his election invalid

Note: Vice-President discharges the duties as President; if the latter’s office falls vacant in the circumstances mentioned above, except by the expiry of the term. As per the President’s Act 1969; if the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence); Supreme Court’s senior-most judge, discharge the functions of the President (till new President is elected.)