The President and the Vice-President

At the head of the Union Executive stands the President of India. The President of India is elected by indirect election, that is, through an electoral college, in accordance with the system of proportional representation by means of the single transferable vote.

Electoral College:

The electoral college consists of:

• The elected members of both Houses of Parliament;

• The elected members of the Legislative Assemblies of the States; and

• The elected members of the Legislative Assemblies of Union Territories of Delhi, Puducherry, and Jammu & Kashmir [Article 54].

As far as practicable, uniformity of representation of different states is maintained according to the population and the total number of elected members of the Legislative Assembly of each state. Additionally, parity is maintained between the states as a whole and the Union [Article 55]. This ensures that the votes of the states in aggregate are equal to that of the people of the country, making the President a representative of both the nation and the states and recognizing the status of states in the federal system.

Justification for Indirect Election:

The system of indirect election was criticized for not fully aligning with the democratic ideal of universal franchise. However, it was supported by the framers of the Constitution on the following grounds:

1. Direct election by an electorate of approximately 510 million people would entail a tremendous loss of time, energy, and money.

2. Under the system of responsible government, real power vests in the ministry, so it would be anomalous to elect the President directly by the people without granting real powers.

Qualifications for Election as President:

A person must fulfill the following criteria to be eligible for election as President [Article 58]:

• Be a citizen of India;

• Have completed the age of 35 years;

• Be qualified for election as a member of the House of the People; and

• Must not hold any office of profit under the Government of India, any State Government, or any local authority under their control.

Exceptions: A sitting President, Vice-President, Governor, or Union/State Minister is not disqualified for election as President.

Term and Reelection:

• The President’s term is five years from the date of entering office [Articles 56–57].

• The President is eligible for reelection.

Termination of Office:

The President’s office may terminate within the term of five years in the following ways:

1. Resignation in writing to the Vice-President of India.

2. Removal by impeachment for violation of the Constitution [Article 56].

Impeachment Procedure [Article 61]:

• Either House may prefer a charge before the other House.

• The charge cannot be preferred unless:

  • A resolution containing the proposal is moved after 14 days’ notice in writing by at least one-fourth of the total members of that House.

  • The resolution is passed by a majority of not less than two-thirds of the total membership.

• The President has the right to appear and be represented during the investigation.

• If the investigation concludes with a resolution passed by two-thirds of the total membership sustaining the charge, the President is removed from office from the date of passing the resolution.

Restrictions and Privileges:

• The President cannot be a member of either House of Parliament or a State Legislature [Article 59(1)–(2)].

• If elected while holding such a seat, it is deemed vacated upon assuming office.

• The President is entitled to official residence, emoluments, allowances, and privileges as determined by Parliament.

• Emoluments and allowances cannot be diminished during the term [Article 59(4)].

• Under the Finance Act, 2018, the President’s emoluments were raised to Rs 500,000 per month effective 1 January 2016.

Vacancies in the Office of President [Article 65]:

A vacancy may arise due to:

1. Expiry of the term;

2. Death;

3. Resignation;

4. Removal by impeachment;

5. Other causes, e.g., setting aside of the election.

Filling Vacancies:

• If caused by term expiry, an election must be completed before expiration. The outgoing President continues in office until the successor enters office.

• For vacancies arising otherwise, an election must be held as soon as possible, but not later than six months from the date of occurrence.

• During temporary inability (absence, illness, etc.), the Vice-President discharges presidential functions until the President resumes duties.