Vice-President

A sitting president or Vice-President of the Union or the Government of any state or a Minister either for the Union or for any state is not disqualified for election as President {Ref: Art 58}

The president’s term of office is five years from the date on which he enters upon his office.

President can submit resignation in writing under his hand addressed to the Vice- president of India.

The only ground for impeachment of President specified in Art 61(1) is ‘violation’ of the Constitution.

An impeachment is a quasi-judicial procedure in Parliament.

Either House may prefer the charge of violation of the Constitution by the President provided that:

·         A resolution containing the proposal is moved after a 14 days’ notice in writing signed by less than ¼ of the total number of members of the House; and

·         The resolution is then passed by a majority of not less than 2/3 of the total membership of the House.

·         Charge preferred by one House is investigated by the other House.

The president has a right to appear and to be represented at such investigation.

If a resolution is passed by not less than 2/3 of the total membership of the investigating. House declaring that the charge had sustained, the President shall be removed from office {Ref: Art 61}

The President shall not be member of either House of Parliament or of a House of the Ligature of any State.

If a member of either House of Parliament or a House of the Legislature of any State is elected President, he shall be deemed to have vacated his seat in that house.

A vacancy in the office of the President can be caused in any of the following ways:

·         On the expiry of the term of five years

·         By his death.

·         By his resignation.

·         On his removal by impeachment

·         Otherwise e.g. on the setting aside of his election as President.

An election to the office of the President must be completed before the expiration of the term.

The outgoing President continues to gold office, notwithstanding that his term has expired until his successor enters upon the office {Ref: Art 56(1) (c).  There is no scope for the Vice- president getting a charge to act as president in this case.

If vacancy arises other by expiry of the term an election to fill the vacancy must be held within six months from the date of occurrence of the vacancy.

If a mid- term vacancy arises in the President, Vice- president acts as President until a new president is elected.