Oath of office of the President
Before entering his office, the President has to take an oath to preserve, protect and defend the Constitution and the law. This provision for taking an oath in the presence of the Chief Justice of India or in his absence of the senior-most judge of the Supreme Court is mentioned in Article 60 of the Indian Constitution.
Term of office
As per Article 56 of the office of the President of India is five years. His term commences from the date on which he assumes office. He remains in office until his successor enters office even if his term has expired.
Time of holding election to the office of the President
Article 62 of the Constitution lays down that an election to fill a vacancy caused by the expiration of the President’s term of office must be completed before the expiration of the term. If a vacancy in the President’s office occurs by death, resignation, removal, or otherwise, then an election to fill the vacancy should be held as soon as possible after, and in no case later than six months from the date of occurrence of the vacancy. The person elected President is entitled to remain in office for the full terms from the date he assumes office.
A person who is neither a candidate nor an elector cannot file a suit challenging the validity of the election of the President. In the Presidential Election case, the Supreme Court held that election to the office of the President couldn’t be postponed or invalidated on the ground that the Electoral College was incomplete or not fully constituted because of some State Assembly having been dissolved. It must be held before the expiry of the term of the incumbent President.
Conditions of President’s Office
Article 59 lays down the conditions, which are attached to the President’s office and also the benefits, that accrue to that office. The President cannot be a member of either House of Parliament or any State legislature. The office though has a Five Year term, may be terminated during the period in the following ways: i) By resignation in writing addressed to the Vice-President of India ii) By impeachment for violation of the Constitution iii) By death and, iv) By invalidation of President’s election by Supreme Court of India. If a Member of Parliament or a State Legislature is elected as the President of India he has to resign the membership of the legislature on the assumption of office of the President. The President cannot hold any office of profit. The President is entitled to use his official residence without rent and will receive certain emoluments as determined by Parliament. These emoluments and allowances cannot be reduced during the President’s term in office.
Termination of office during the tenure of the President
Article 56 of the constitution deals with the methods by which the office of the President can be terminated during the tenure. While the President usually holds the office for a term of 5 years from the date on which he enters his office, his office may be terminated earlier than 5 years if he resigns or is removed on impeachment for the violation of the Constitution. The President’s resignation has to be addressed to the Vice-President, who shall forthwith communicate the same to the Speaker of the House of the People.
Procedure for impeachment of the President: The Constitution of India in its Article 61 provides for the removal of the President for violating the Constitution. Either the Rajya Sabha or the Lok Sabha can make such a charge of violation of the Constitution. But, it is provided that at least fourteen days notice in writing must be given by not less than one-fourth of the total number of members of the House before such a resolution containing charges against a President is moved.
After the resolution is moved and debated it must be passed by a majority of not less than two-thirds of the total membership of the House in which it has been moved. When one House makes a charge the other House investigates the charge itself or causes the charges to be investigated.. The President has a right to appear in person or be represented in such an investigation. If after the investigation a resolution is passed by the investigating House by a majority of not less than two-thirds of the total membership of the House, saying that the charges have been proved, then the President is removed from office from the date of passing of the resolution. The procedure of removal of the President has been deliberately made difficult to prevent misuse of this power. So far no President has been impeached.
Though the President can be impeached for violation of the Constitution, he is not answerable to any court for the exercise and performance of powers and duties of his office No criminal proceedings can be instituted against him in any court during his term of office Lawrtcourts cannot issue warrants either for arrests or imprisonment of the President while in office in a civil suit can be instituted against him in his personal capacity even while in office provided two months prior notice is served in writing stating the cause of action nature of proceedings, the name of the party, place and relief claimed.
Powers and functions of the President: The powers and functions of the President cán be broadly. categorised under the following heads:
- Executive powers 2. Legislative powers 3. Financial powers 4. Judicial powers ocuS Emergency powers
Finally, the President can declare a financial emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened. During such an emergency he can direct the Union as well as the state governments to observe such canons of financial propriety as he may deem desirable. He can also ask them to reduce the salaries and allowances of all or any class of state servants. He can direct the states to reserve their money bills for his consideration. He can even order the reduction of salaries of judges of the Supreme Court and the High Courts. The President is the Chief Executive of the Indian Republic endowed with vast powers and functions. These powers and functions are, however more in the form than in substance and are exercised with aid and advice of the council of ministers headed by the Prime Minister. Thus, his position is nominal and ceremonial.
Check out these notes on everything about The Vice President.