winners president

The President of India: Term, Resignation, Qualifications, and Salary

We will discuss the President's term, to whom he resigns, and other related matters today.

Term of Office

The term of office is also referred to as the "Office of the Term" or "Tenure of the Office."

Article 56 of the Indian Constitution deals with two aspects:

1. The term of office.
2. Resignation.

The President's term is five years, starting from the day he assumes office.

Interregnum

Even if the President's term is completed, or if the election of the new President is delayed, the current President can remain in office until the new President is elected. This is stated in Article 62.

Article 62 also states that if the President's office becomes vacant for any reason, a new President should be elected within six months. Ideally,15 days before the President's term is completed.

Interregnum means that even if the current President's term is completed, if the election of a new President is delayed for any reason, the current President can hold office until the new President's election process is completed.

Resignation

The President submits his resignation to the Vice President.

• If the Vice President's office is vacant, the resignation is submitted to the Chief Justice of the Supreme Court (CJI).
• If the CJI's office is also vacant, the resignation is submitted to the senior-most judge of the Supreme Court.

Whoever receives the resignation letter (Vice President, CJI, or senior-most judge) should inform the Speaker of the Lok Sabha.

The Speaker of the Lok Sabha finally announces the President's resignation.

Historical Context (1969)

Until 1969, the President would submit his resignation only to the Vice President.

In 1969, President Zakir Hussain passed away. Vice President V.V. Giri acted as interim President.

When the Presidential election schedule began, V.V. Giri wanted to resign as acting President to contest the election. He sought legal advice from the Supreme Court on whom to submit his resignation to, since the Vice President's office was vacant.

The Supreme Court advised him to submit his resignation to the CJI, and if that office was vacant, to the senior-most judge. They also recommended that Parliament enact a law regarding this.

V.V. Giri submitted his resignation to the CJI. The then Chief Justice, Mohammad Hidayatullah, acted as interim President.

The President and Vice President Term Acceptance Act (1969)

Following the Supreme Court's advice, Parliament enacted this law in 1969. It specifies the order of resignation submission:

1. Vice President
2. CJI (if the Vice President's office is vacant)
3. Senior-most judge of the Supreme Court (if both the Vice President's and CJI's offices are vacant)

No matter to whom the President submits the resignation, the resignation letter should always be addressed to the "Vice President of India."

Re-election

According to Article 57, one can contest for the President's office any number of times.

Dr. Rajendra Prasad, the first President of India, introduced a tradition of not contesting more than twice. However, this is just a tradition, not a constitutional requirement.

Qualifications

Article 58 of the Indian Constitution explains the qualifications required to contest for the office of President:

1. Must be a citizen of India.
2. Minimum age should not be less than 35 years.
3. Should not hold any office of profit under the Central or State Governments.
   • Being an MP, MLA, MLC, or a member of local bodies is not considered an office of profit. These positions are automatically vacated upon election as President.
   • Government employees must resign before contesting the Presidential election.
4. Deposit: A deposit of ₹15,000 must be paid.
   • The deposit is refundable if the candidate secures one-sixth of the total valid votes polled.
   • The deposit can be paid at the RBI, in any government treasury, or to the Returning Officer.
5. Proposers and Seconders: Fifty members of the Electoral College should propose the candidate, and another fifty members should second the nomination.
6. Must possess any other qualifications prescribed by Parliament.

Salaries and Disqualifications

Article 59 deals with disqualifications and salaries.

Disqualifications are essentially the opposite of qualifications.

Salaries

• The Parliament decides the President's salary.
• Currently, the President's salary is ₹5 lakh per month.
• The salary is paid from the Consolidated Fund of India.
• The salary is not taxable.
• The Supreme Court cannot conduct a judicial review of the President's salary.
• The President's salary cannot be reduced, even during a national financial emergency.

Vacancy in the President's Office

If, for any reason, the president's office is vacated, the Parliament should conduct joint sitting.

The President's office becomes permanently vacant in the following five situations:

1. Resignation
2. Removal (Impeachment)
3. Death
4. When the election is declared invalid by the Supreme Court
5. When declared unsound mind by the courts

If President's office is vacated for any reason, new president should be elected within 6 months.

Ideally, 15 days before the president's term is completed, the new president's election process should be started.