The President of India: Term, Resignation, Re-election, Qualifications, Salary, and Removal

 The President of India: Term, Resignation, Re-election, Qualifications, Salary, and Removal

This document outlines key aspects of the office of the President of India, drawing from the Indian Constitution and related laws.

1. Term of Office and Resignation (Articles 56 and 62)

*   Term Length (Article 56): The President serves a five-year term, starting from the date they formally assume office.
*   Interregnum:  A crucial principle called "Interregnum" ensures continuity.  If a new President isn't elected before the incumbent's term ends, the outgoing President continues in office until their successor is elected and takes office.  There's no gap in the presidency.
*   Resignation (Article 56):
    *   To Whom Addressed: The President's resignation is always addressed to the Vice President of India, regardless of who physically receives it.
    *   Order of Receipt: The resignation letter is submitted in the following order of precedence:
        1.  Vice President: The primary recipient.
        2.  Chief Justice of India (CJI): If the Vice President's position is vacant.
        3.  Senior-most Judge of the Supreme Court: If both the Vice President and CJI positions are vacant.
    *   1969 Act: The "President and Vice President's Assumption of Office Act" of 1969 formally codifies this procedure for handling presidential resignations.
*   Vacancy (Article 62):
    *   Advance Election: The election process for a new President must begin at least 15 days before the current President's term expires.
    *   Six-Month Limit: If the office becomes vacant for any reason, a new President must be elected within six months.
    *   Causes of Vacancy: The office can become vacant due to:
        1.  Resignation: The President voluntarily steps down.
        2.  Removal: Impeachment by Parliament (explained below).
        3.  Death: The President passes away while in office.
        4.  Election Invalidation: The Supreme Court declares the President's election void.
        5.  Declaration of Unsound Mind: A court declares the President mentally unfit.

Historical Example (Mohammad Hidayatullah)
*The President gave his resignation to the CJI.
*The Supreme court gave legal advice to create a law concerning the resignation of the President and Vice President.
*Mohammad Hidayatullah became the acting President.
*The Parliament created the President and Vice President assumption of office Act in 1969.

2. Re-election (Article 57)

*   Unlimited Terms:  Article 57 explicitly allows a President to seek re-election any number of times. There are no term limits in the Constitution.
*   Two-Term Tradition: While legally permissible, a tradition (not a constitutional rule) of serving only two terms has developed, primarily influenced by the precedent set by Dr. Rajendra Prasad, India's first President.

3. Qualifications (Article 58)

*   Citizenship: The candidate must be a citizen of India.
*   Age: The candidate must be at least 35 years old.
*   No Office of Profit: The candidate cannot hold any "office of profit" under the central or state governments.
    *   Exception: Importantly, holding elected positions like Member of Parliament (MP), Member of Legislative Assembly (MLA), Member of Legislative Council (MLC), or membership in local bodies is not considered an office of profit. This allows serving politicians to contest the presidential election.
* Other qualifications: Candidates need to have other qualifications determined by the parliament.
*   Deposit: A candidate must deposit ₹15,000. This is refundable if they secure at least 1/6th of the valid votes. The deposit can be made with the Reserve Bank of India (RBI), a government treasury, or the Returning Officer.
*   Proposers and Seconders: The nomination of a presidential candidate must be:
    *   Proposed by 50 members of the electoral college.
    *   Seconded by another 50 members of the electoral college.
    *   This ensures a minimum level of support within the body that elects the President.

4. Salaries and Allowances, and Disqualifications (Article 59)

*   Disqualifications: Article 59 mentions disqualifications, but the audio notes that these are essentially the inverse of the qualifications. Failing to meet the qualifications leads to disqualification.
*   Salary:
    *   Parliamentary Determination: The Parliament of India sets the President's salary.
    *   Current Salary (as per audio): ₹5 lakhs per month.
    *   Source: The salary is drawn from the Consolidated Fund of India.
    *   Tax Exemption: The President's salary is not subject to income tax.
    *   No Judicial Review of Salary: The Supreme Court cannot review the President's salary.
    *   No Reduction Permitted: The President's salary cannot be reduced, even during a financial emergency. The audio emphasizes this point, noting that even a voluntary reduction requested by the President (as occurred during the COVID-19 pandemic) is technically outside the constitutional norm. The reduced amount was later repaid.
*   Rashtrapati Bhavan:
    * Location: Delhi.
    * Features: Four floors, 340 rooms, 321 acres.
    * History: Foundation laid in 1912, completed in 1929.
    * Architect: Edwin Lutyens.
    * First Occupant: Lord Irwin.
    * Mughal Gardens: Famous gardens within the Rashtrapati Bhavan complex.
    * Raisina Hills: Located on Raisina Hill.
    * Former Names: Before 1950, it was known as "Viceroy's House" or "Viceregal Lodge."
    * Total Area: 21 kilometers.
    * Location: It is near Rajpath.
* Pension:
    * After retirement, the President is entitled to 50% of the salary will get as a pension.
* Free residence.

5. Oath of office(Pramana Sweekaram):
* The president will do oath in presence of Supreme Court Judge, according to article 60.

6. Removal (Impeachment) - Article 61

*   Grounds for Impeachment: The President can be impeached for "violation of the Constitution" (Rajyanga Ullanghana) or disobey of the Constitution(Rajyanga Dikkarana).
*   Procedure:
    *   Initiation: The impeachment motion can be initiated in either the Lok Sabha or the Rajya Sabha.
    *   Notice: A notice signed by at least 1/4th of the total membership of the initiating house must be given 14 days in advance to the Speaker (Lok Sabha) or Chairman (Rajya Sabha), and to the President.
    *   Passage: The motion must be passed by a special majority of 2/3rd of the total membership of each house separately.  Vacant seats are not deducted when calculating the total membership.
    *   No Joint Sitting: There's no provision for a joint sitting of both houses to resolve a disagreement on impeachment.
    *   Examples:
        *   Lok Sabha (assuming 543 total members):  A minimum of 362 votes are needed (2/3 * 543).
        *   Rajya Sabha (assuming 245 total members): A minimum of 162 votes are needed (2/3 * 245).
    *   Failure: If one house passes the motion and the other rejects it, the impeachment fails.
*   No Successful Impeachment: No President of India has ever been successfully impeached.  An attempt was made against V.V. Giri in 1971, but it was withdrawn.

7. Key Legal Points and Acts Mentioned

*   Representation of the People Act, 1951:  This act provides details on voter registration, candidate proposal requirements, and security deposits.
*   Anti-Defection Law (10th Schedule):  Addressed indirectly, as it's a major ground for disqualification of legislators (and could indirectly affect a President who was previously an MP/MLA).
*   Principles of Natural Justice: The concept of a fair hearing before any adverse action is taken is highlighted.
*   Kihoto Hollohon vs. Zachillhu (1993): This Supreme Court case established that the Speaker's decisions under the anti-defection law are subject to judicial review.
* Keshvananda Bharati Case (1973): This case laid the groundwork by establishing the "basic structure doctrine."
*   President and Vice President's Assumption of Office Act, 1969: Formalizes the procedure for handling presidential resignations.