The President of India

• The President of India is the ceremonial head of state of India and the commander-in-chief of the Indian Armed Forces.
• He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation.

“Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of the Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in the administration is that of a ceremonial device on a seal by which the nation’s decisions are made known.”

– B.R. Ambedkar

Qualifications for Election as President

• • A person to be eligible for election as President should fulfil the following qualifications:
    1. He should be a citizen of India.
    2. He should have completed 35 years of age.
    3. He should be qualified for election as a member of the Lok Sabha.
    4. He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.

• • The nomination of a candidate for election to the office of President must be supported by at least 50 electors as Proposers and 50 electors as Seconders.
  • A security deposit of Rs. 15000 has to be made by each candidate. If the candidate is not able to get 1/6th of all vote polled, the security deposit is surrendered.

Election Process for the President of India

• • Indirect Election
  • The President is elected by Members of Electoral College consisting of –
    1. Elected members of both the Houses of Parliament
    2. Elected members of the legislative assemblies of the states
    3. Elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
  • The nominated members of following do not participate in the election of President.
    1. Both the Houses of Parliament
    2. State legislative assemblies
    3. Members of State legislative Councils (in case of State Bicameral legislature)
    4. Members of the Legislative Assemblies of Delhi and Puducherry

Proportional Representation

• • • Constitution provides that there will be uniformity of representation of different states and parity between Union and States.
    • Hence to achieve this, the number of votes which each elected member of legislative assembly of each state and the Parliament cast in the election is determined in following manner –

1. 1. 1. The formula for value of vote for an MLA is as follows:

1. 1. 2. The formula for value of the vote for an MP is as follows:

• • • MPs and MLAs do not have one vote each but their votes are equal to the average number of people they represent i.e. peoples of their Constituencies.
    • Since MPs represent the whole country they have more votes, and MLAs have fewer votes than MPs as they represent only the people in their states. This is termed as Proportional Representation.
    • MPs in the Lok Sabha and Rajya Sabha have 708 votes each. Compared to this, MLAs have about 100 or 200 votes, depending on the size of their states.
    • The original intention of proportional representation was that “population” would be as ascertained by the last preceding census of which the relevant figures have been published.
    • The 42nd Amendment Act, 1976 fixed the last census to 1971 till the census of 2000. But, again by 84th Amendment Act it was extended until 2026.
    • The population of the States for the purposes of calculation of value of votes for the Presidential Election shall mean the population as ascertained at the Census of 1971.

Process of Election

• • • Elections are held by the system of Proportional representation by means of single transferable vote.
    • Voting is done by Secret Ballot. The Value of each elector is predetermined.
    • MPs and MLAs give vote on Ballot papers marking their preferences to the Candidates. Elector can mark as many preferences as the no. of Candidates.
    • The Ballot papers are separated according to states and the number of valid votes are counted.
    • These totals valid votes are multiplied by the value of each vote and that total is credited to the candidate as the total value of votes secured.
    • After this the total value of votes secured by each candidate is totalled.
    • After calculating the total value of votes for each candidates, total value of all the valid votes polled is calculated.
    • The quota of votes is determined by dividing the total number of valid votes polled by the number of candidates to be elected plus one and adding one to the quotient. It can be expressed as –

• • • If any candidate has secured the above quota of votes, he/ she is declared elected. If none of them secures the above data then following process is follows –
      1. Second round of Counting starts in which the candidate having lowest value of votes as first preference is excluded and his/her votes are distributed among remaining candidates according to the second preference marked on these ballot papers.
      2. The Value of the vote remains same in every round of counting of votes.
      3. The counting of votes continues till either one of the counting candidates gets the required quota or till only one candidate remains in the field as the continuing candidate.
      4. The candidate who acquires the Quota or last continuing candidate is declared as winner of the election.

Dispute in the Presidential election

• • • Article 71 stipulates that all doubts arising out of election of the president will be decided by the “Supreme Court”.
    • The election of a person as President cannot be challenged on the ground that the Electoral College was incomplete.
    • A petition regarding the dispute in election can be filed by any of the presidential candidates.
    • Petition should be filed within 30 days of declaration of the result.

Oath by the President

• • The oath to the President is directed by the Chief Justice of India and in his absence, the senior most judge of the Supreme Court available.
  • Acting President or Any person discharging the functions of the President also undertakes the similar oath or affirmation.
  • The President in his oath swears for –
    • Faithfully execute the office
    • Preserve, protect and defend the Constitution
    • Devote himself to the service and well-being if People of India.

Conditions of President’s Office

• • The Constitution lay down some condition on President’s office which are –
    1. He should not be a member of either house of Parliament.
    2. Should not hold any other office of Profit.
    3. He is entitled, without payment of rent, to use of his official residence i.e. The Rashtrapathi Bhawan.
    4. He is entitled for emoluments, allowances and privileges as may be determined by the Parliament.
    5. These allowance and emoluments cannot be diminished during his term of office.

Immunities to the President of India

• • He enjoys personal immunity from legal liability for his official acts.
  • During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
  • He cannot be arrested or imprisoned.
  • However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

Term of President’s Office

• • Tenure – 5 years from the date of entering in his office.
  • He can resign from his office at any time by addressing his resignation letter to Vice President.
  • The President can hold the office beyond his tenure till his successor assumes the office.
  • He is also eligible for re-election for any number of terms.

Impeachment of President

• • Impeachment is the process by which the President can be removed due to the violation of the Constitution.
  • It is a Quasi-Judicial Procedure of the Parliament.
  • It should be noted that –
    • Nominated members of either house of Parliament can participate in the impeachment process of the President.
    • Elected members of Legislative Assemblies of State and Union Territories of Delhi and Puducherry do not participate in the Process.
  • The process of Impeachment can be initiated by ay house of the Parliament.
  • These charges should be signed by at least 1/4th members of that house and a 14 days’ notice is given to the President.
  • After the impeachment resolution is passed by 2/3rd majority of that that house, it is send to other house, which should investigate the charges.
  • President has the right to appear and to be represented for such investigation.
  • If the other house also finds the charges valid and passes the resolution by 2/3rd majority, than the President stands removed from his office from the date of the passing of Resolution.
  • No President has been impeached so far.

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.

• • When the Vacancy is caused due to expiration of the term of sitting President, an election to fill the vacancy must be held before the expiration of his term.
  • In case if any delay happens, the sitting president continues to hold the office till his successor assumes the charges.
  • When the Vacancy is due to resignation, removal death or other causes, then elections should be held within 6 months from the day of occurrence of such vacancy. The Vice President holds the office of President till then.
  • If Vice President Office is vacant, than Chief Justice of India holds the office of President.

So, this post is all about the Qualification, Election process, Oath, Term, Impeachment of the President of India.

In the Next Post (Click Here), we will learn about the Powers of the President of India.