President of India
(Relevant for Polity Section of General Studies Paper Prelims/Mains)
Part – 1
The President of India holds the position of the head of the state and is often referred to as the foremost representative of the nation. Serving as a component of the Union Executive, the regulations governing this role are delineated within Articles 52-78, which encompass the specific provisions related to the President (Articles 52-62).
Method of election
There is no direct election for the Indian President. An electoral college elects him. The Electoral College responsible for President’s elections comprises elected members of:
- Lok Sabha and Rajya Sabha
- Legislative Assemblies of the states (Legislative Councils have no role)
- Legislative Assemblies of the Union Territories of Delhi and Puducherry
Upon the election of the President, their term extends for a duration of five years. The President continues to occupy the position beyond this five-year period if no fresh election has been conducted or if a new President has not been chosen during that time frame. Furthermore, the President possesses the opportunity for re-election, and there exists no limitation on the number of times they can be re-elected.
Qualifications of the President
A candidate has to meet some qualifications to be elected as the president. Those qualifications of the President are:
- He should be an Indian Citizen
- His age should be a minimum of 35 years
- He should qualify the conditions to be elected as a member of the Lok Sabha
- He should not hold any office of profit under the central government, state government, or any public authority
conditions of the President’s office
Certain conditions apply to candidates participating in the presidential elections:
- They must not be members of either the Lok Sabha or Rajya Sabha. In case they were previously associated with either house, they must relinquish their seat upon assuming the position of President.
- They should not hold any position that generates financial gain.
- The President is provided with Rashtrapati Bhavan as their residence, and they are not required to pay rent for it.
- The Parliament determines the President’s remuneration, allowances, and privileges.
- During the President’s term in office, the Parliament is not allowed to reduce their remuneration and allowances.
- The President enjoys immunity from criminal legal proceedings, even concerning personal actions.
- The President cannot be subjected to arrest or imprisonment. Only civil legal proceedings can be initiated against them for personal actions, and this can only happen after providing a two-month notice period.
Procedure for impeachment of a President
The sole prerequisite for commencing the impeachment of the President of India is the act of ‘contravening the constitution.’
The Indian Constitution does not offer a precise definition of the term ‘contravention of the constitution.’
The procedure for impeaching the President is outlined below. (For illustrative purposes, we have considered Lok Sabha as the initial house to initiate impeachment charges. However, it is worth mentioning that Rajya Sabha also possesses the authority to instigate impeachment charges against the President. In such a scenario, Rajya Sabha will adopt a resolution and forward the charges to Lok Sabha, which will then undertake an investigation and pass judgment if the charges are deemed valid.)
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President of India, head of state, Union Executive, Articles 52-78, electoral college, Lok Sabha, Rajya Sabha, Legislative Assemblies, Union Territories, qualifications, age requirement, office of profit, conditions, Rashtrapati Bhavan, remuneration, immunity, impeachment, contravention of the constitution, Best Sociology Optional Coaching, Sociology Optional Syllabus.
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