The President
Article 52 to 78 in Part V of the Constitution deal with the Union executive.The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers and the attorney general of India.The President is the head of the Indian State. He is the first citizen of India and acts as the symbol of unity, integrity, and solidarity of the nation.
Election Of The President
The President is elected not directly by the people but by members of the electoral college consisting of:
1. The elected members of both the Houses of Parliament;
2. The elected members of the legislative assemblies of the states; and
3. The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
Oath or Affirmation by the President
The oath of office to the President in administered by the Chief Justice of India and in his absence, the senior most judge of the Supreme Court available.
Term of President’s office
1. The President holds office for a term of five years from the data on which he enters upon his office. 2. However, he can resign from his office at any time by addressing the resignation letter to the Vice-President.
3. Further, he can also be removed from the office before completion of his term by the process of impeachment.
4. The President can hold office beyond his term of five years until his successor assumes charge. He is also eligible for re-election to that office.
5. He may be elected for any number of terms.
Impeachment of President
1.The President can be removed from office by a process of impeachment.
2. The impeachment charges can be initiated by either House of Parliament.
3. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President.
4. After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges.
5. The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the data on which the bill is so passed.
6. Thus, an impeachment is a quasi-judicial procedure in the Parliament.
7. It is very important to note that the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election. The elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election.
Vacancy in the President’s Office
A vacancy in the President’s office can occur in any of the following ways:
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal by the process of impeachment.
4. By his death.
5. Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.
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