President : Qualification, Election, Term, vacancy, Powers & Impeachment

President

President is the first Citizen or first Person of India.
He is at the top of the union executive.
India adopted the parliamentary system. So the President is the official head but the actual power is in the hands of the Prime Minister.

He must be a citizen of India.
He must have completed the age of 35 years.
He should be eligible to be elected as a member of Loksabha.
He must not hold any Government post at the time of election. Post of the President, the Vice-President, Governor of any state, and Minister of union or state are exceptions.

The President is not elected directly by the people but by the members of the ‘Electoral College’ consisting of :

The elected members of the Loksabha and Rajya Sabha.
The elected members of the Legislative assemblies of the States and
According to the 70th amendment act 1992, the elected members of the Legislative assembly of the Union Territories of Delhi and Pondicherry.

In Presidents election the vote value of an

MLA= Population of the State

The total no. of elected members of the state x 1000
MP = Total value of all MLAs of all states

Total number of elected members of Parliament

The term of office of the President is 5 years from the date on which he enters his office.
President can resign by submitting his resignation letter to the Vice-President.
According to the Article 57 the President has no upper age limit.
The oath of the President is administered by the Chief Justice of India and in his absence it is conducted by the senior most Judge of the Supreme Court.
The salary of the President is 1.5lakh per month and pension is 50% of salary per month including allowances and emoluments.

The vacancy of the post of the president made by the following cause:
After expiration of his term of 5 years.
By his resignation given to the Vice-President.
On his removal by the process of Impeachment.
By his death.
When he becomes disqualified or when his election is declared void.
In the absence of the President, the Vice-President acts as the President.
In case the Vice-President is also not available the Chief Justice of India or in his absence the senior most Judge of the Supreme Court available acts as the President of India.
In the absence of the President who acts as the President gets all facilities and powers of the President.
Justice Hidayatullah is the only such example who served as acting president of India. First time from the post of Chief Justice of India in 1969 & second time from the Post of Vice President of India in 1982.

An impeachment is a quasi-judicial procedure in Parliament.
The President is removed from office by a process of impeachment for ‘violation of the constitution’. Meaning of such violation is not defined in Constitution.
The impeachment procedure can be initiated by either house of the Parliament.
The proposal for impeachment should be signed by 1/4th members of the house that initiated the impeachment. After a notice period of 14 days a resolution is passed.
The impeachment resolution should be passed by a majority of 2/3rd members of that house and then sent to the other house.
In other house the charges would be investigated. If the charges are sustained by the other house then the resolution is again passed in this house with 2/3rd majority of the members of this house.
As a result the President stands removed from his office from the date on which the resolution is so passed.

The president is formal head of the Executive.
The president has the power to appoint and remove high dignitaries, such as:
The Prime Minister of India.
Other ministers of the union with recommendation of PM.
The Attorney General of India.
The Comptroller and Auditor General (CAG) of India.
Judges of the Supreme Court and Judges of High Courts of the states.
Governor of the States.
He is the direct administrator of the union territories through the Lt. Governor, Commissioner or Administrator.

He can summon or prorogue the session of 2 houses of parliament.
Only he can dissolve Loksabha.
He has power to summon joint sitting of both houses.
The President has the power to address either or both houses for their joint sitting at any time. And it is mandatory to the members to attain the session for this purpose.
He nominates 12 persons of the Rajya Sabha from persons having special knowledge or practical experience in Literature, Science, Art and Social Service.
He has right to nominate 2 members to the Loksabha from the Anglo-Indian Community.
Prior recommendation of President is required for introducing legislation on following matters.
Formation of new states or the alteration of boundaries of existing states.
Any of the matter specified in the art 31A (I).
A money bill (Article 117).
Expenditure from the consolidated fund of India.
Restrictions upon the freedom of trade among the states.
The President has right to return the bill other than money bill for reconsideration. But if the bill further returns to him for passing then it is obligatory upon him to give his assent.
The Veto power of Indian President is a combination of absolute, suspensive and pocket vetoes.

He is the representative of the country in international forums.
He sends and receives diplomats like ambassadors, high commissioners etc.
He has the right to deal in international treaties. Agreements are concluded on his behalf.

According to Article 142 the President can seek advice from the Chief Justice of Supreme Court but it is not mandatory that he follow the advice.
According to article 72 he can grant pardon, reprieve, respite, remission and commutation in case of request for reduction of punishment.

MLA=	Population of the State
	The total no. of elected members of the state x 1000

MP =	Total value of all MLAs of all states
	Total number of elected members of Parliament