Subject – INDIAN CONSTITUTION
Topic – Union Executive
(The President)
Module - 5 / Class - 13
Presented by Dept. of Political Science
Introduction
❑ The President is the
constitutional/nominal head of the
country.
❑ He/She is the supreme commander
of Indian Armed Forces.
❑ He/She is the 1st Citizen of the
country.
Election of the President
Reference – Article 54
The President shall be elected
by the members of an
electoral college consisting of
the elected members of both
Houses of Parliament; and the
elected members of the
Legislative Assemblies of the
States.
Qualifications of the President
Reference – Article 58
(1) No person shall be eligible for election as President unless he
(a) is a citizen of India,
(b) has completed the age of thirty five years, and
(c) is qualified for election as a member of the House of the
People
(2) A person shall not be eligible for election as President if he
holds any office of profit under the or the Government of any
State or under any local or other authority subject to the control
of any of the said Governments Explanation For the purposes of
this article, a person shall not be deemed to hold any office of
profit by reason only that he is the President or Vice President of
the Union or the Governor of any State or is a Minister either for
the Union or for any State.
Conditions of President’s Office Art - 59
(1) The President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the
Legislature of any State be elected President, he shall be deemed
to have vacated his seat in that House on the date on which he
enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the
use of his official residences and shall be also entitled to such
emoluments, allowances and privileges as may be determined by
Parliament by law and, until provision in that behalf is so made,
such emoluments, allowances and privileges as are specified in
the Second Schedule.
(4) The emoluments and allowances of the President shall not be
diminished during his term of office.
Oath and Term of the President
President takes his oath
before the Chief Justice
of India (Article 60).
The President shall hold office for a term of
5 years from the date on which he enters
upon his office (Article 56). He is eligible for
re-election (Article 57).
Salary of the President
✓ Salary of the President is
determined by the
Parliament.
✓ Salary will be taken from
Consolidated Fund of
India
Impeachment of the President – Art. 61
Procedure for impeachment of the President
(1) When a President is to be impeached for violation of the Constitution, the charge
shall be preferred by either House of Parliament
(2) No such charge shall be preferred unless
(a) the proposal to prefer such charge is contained in a resolution which has been
moved after at least fourteen days notice in writing signed by not less than one fourth
of the total number of members of the House has been given of their intention to
move the resolution, and
(b) such resolution has been passed by a majority of not less than two thirds of the
total membership of the House
(3) When a charge has been so preferred by either House of Parliament, the other
House shall investigate the charge or cause the charge to be investigated and the
President shall have the right to appear and to be represented as such investigation
(4) If as a result of the investigation a resolution is passed by a majority of not less
than two thirds of the total membership of the House by which the charge was
investigated or cause to be investigated, declaring that the charge preferred against
the President has been sustained, such resolution shall have the effect of removing
the President from his office as from the date on which the resolution is so passed.
Resignation & Vacancy of the President
President gives his letter of
resignation before the Vice President.
Art. 56(2).
If the post of the President is vacant, Vice President
acts as the President. If Vice President is not
available, CJI acts as the President. If the CJI is not
available, then senior most judge of Supreme Court
acts as the President. Within 6 months, new
election will be held (Art. 62).
Powers and Functions of the President
Thank You
See you next day