Comprehensive Study Notes on the President of India: Articles, Provisions, and Procedures

Constitutional Framework of the Union Executive

Part 5 of the Indian Constitution, spanning Articles $52$ to $151$, defines the structure and functions of "The Union." Within this part, the Union Executive is detailed specifically from Article $52$ to Article $78$. The Union Executive comprises several key internal organs: the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India, the latter of whom is specified under Article $76$. Collectively, these entities manage the administration and executive functions of the central government.

The Mnemonic Framework for Articles 52 to 61

To facilitate the systematic recall of the primary articles concerning the President of India, a short mnemonic trick, "PAKANI KOKA DUYO DASHAM," is utilized. This sequence associates specific syllables with the themes of Articles $52$ through $61$. Under this framework, Article $52$ corresponds to the Post (Pad), Article $53$ to the Executive Head/Power (Ka), Article $54$ to the Election (Ni), Article $55$ to the Quota or Manner of Election (Ko), Article $56$ to the Term of Office (Ka), Article $57$ to Re-election (Du), Article $58$ to Qualifications (Yo), Article $59$ to Conditions (Da), Article $60$ to the Oath (Sha), and Article $61$ to Impeachment (Ma).

Detailed Analysis of Article 52 and Article 53

Article $52$ establishes the mandatory existence of the President of India, stating there shall be a President of India. This individual serves as the First Citizen of India and the Constitutional Chief of the nation. In the Indian seniority order or the order of precedence, the President occupies the first position, followed by the Vice-President in the second position. This article ensures that the highest office of the land remains continuously occupied.

Article $53$ addresses the executive powers of the Union. Article $53(1)$ stipulates that the executive power of the Union is vested in the President and shall be exercised by him either directly or through officers subordinate to him. In nature, the President serves as the Nominal Head of the state, while the real executive powers are exercised by the Prime Minister and the Council of Ministers. Article $53(2)$ further designates the President as the Supreme Commander of the Defense Forces, encompassing the Army, Navy, and Air Force.

Article 54: The Electoral College and Nomination Requirements

Article $54$ outlines the composition of the Electoral College responsible for electing the President. This college consists exclusively of elected members; nominated members are strictly excluded from the voting process. The participants include the elected members of both houses of Parliament (the Lok Sabha and the Rajya Sabha), the elected members of the Legislative Assemblies (Vidhan Sabha) of all states, and the elected members of the Legislative Assemblies of Union Territories, specifically Delhi, Puducherry, and Jammu and Kashmir.

Historically, Delhi and Puducherry were added to the electoral college via the $70\text{th}$ Constitutional Amendment Act of $1992$. Following the reorganization on October $31$, $2019$, Jammu and Kashmir became the third Union Territory with a Legislative Assembly to participate. Those who do not participate in the election include nominated members of the Rajya Sabha (such as the $12$ members nominated by the President), nominated members of State Legislative Assemblies, and all members (whether elected or nominated) of the State Legislative Councils (Vidhan Parishad). To qualify for nomination, a candidate must have $50$ Proposers and $50$ Approvers from the electoral college and must deposit a security amount of $\text{Rs. } 15,000$.

Article 55: Manner and Procedure of Presidential Election

Article $55$ defines the method of election, which is sourced from the Irish Constitution. The election is indirect, meaning the general public does not vote directly; instead, their elected representatives do. The specific system used is Proportional Representation by means of a Single Transferable Vote. This process involves a secret ballot where voters mark their preferences ($1$, $2$, $3$, etc.). Any changes to this system or significant amendments related to it require a Special Majority in Parliament along with the consent of at least half of the states.

Article 56: Term of Office and Resignation Protocols

Article $56$ states that the President's term of office is $5$ years. The President may resign before the completion of this term by addressing a resignation letter to the Vice-President. Upon receiving such a resignation, it is the immediate duty of the Vice-President to communicate this information to the Speaker of the Lok Sabha. In the event of a vacancy in the presidency, the Vice-President serves as the Acting President. If the Vice-President's office is also vacant, the Chief Justice of India (CJI) takes the role, as seen in the historical case of Justice Mohammad Hidayatullah. If the CJI is unavailable, the senior-most judge of the Supreme Court serves. Any vacancy must be filled through an election within $6$ months.

Article 57 and Article 58: Re-election and Qualifications

Article $57$ provides for the eligibility of a person for re-election to the office of the President. In India, there is no limit on the number of times an individual can be elected as President. Dr. Rajendra Prasad remains the only individual to have served two terms. Article $58$ details the qualifications required: the candidate must be a citizen of India (whether by birth or naturalization), must have completed the age of $35$ years, and must be qualified for election as a member of the Lok Sabha. Additionally, they must not hold any office of profit.

Regarding the "Office of Profit," the Constitution does not provide an explicit definition. However, according to a $1964$ Supreme Court decision, the positions of President, Vice-President, State Governors, and Ministers of the Union or States are not considered offices of profit for the purpose of presidential candidacy. This allows sitting officials in these roles to contest without resigning beforehand.

Article 59 and Article 60: Conditions and Oath of Office

Article $59$ sets the conditions of the President’s office. The President cannot be a member of either House of Parliament or a State Legislature; if such a member is elected President, they are deemed to have vacated their previous seat. The President's emoluments, allowances, and privileges cannot be diminished during their term. Currently, the President receives a monthly salary of $\text{Rs. } 5,00,000$, which is drawn from the Consolidated Fund of India.

Article $60$ deals with the oath or affirmation by the President. The oath is administered by the Chief Justice of India, or in their absence, the senior-most judge of the Supreme Court. The format of the oath requires the President to swear to "Preserve, Protect and Defend" the Constitution and the law, and to devote themselves to the service and well-being of the people of India.

Article 61: The Impeachment Process

Article $61$ details the procedure for impeachment, which is sourced from the USA. This is a semi-judicial process. The sole ground for impeachment is the "Violation of the Constitution." The process can be initiated in either House of Parliament. A $14$-day prior notice must be given, and the initiation charge must be signed by at least $1/4\text{th}$ of the total members of the house where it originates. To pass, the resolution requires a special majority of $2/3\text{th}$ of the total membership of that house.

Once passed by the first house, the second house investigates the charges. During this investigation, the President has the right to appear and be represented (to put forward their side). If the second house also passes the resolution by a $2/3\text{th}$ majority of its total membership, the President stands removed from office from the date the resolution is passed. Notably, in the history of India, no President has ever been impeached.

Article 62 and Comparative Governance Structures

Article $62$ specifies the timing of elections to fill vacancies. In the case of a vacancy due to death, resignation, or removal, the election must be held within $6$ months. The newly elected President holds office for a full term of $5$ years from the date they enter office, rather than just the remainder of the predecessor's term.

In terms of comparative governance, there is a structural parallel between the Union and the State. At the Union level, the President is the nominal head while the Prime Minister is the real head. At the State level, the Governor is the nominal head while the Chief Minister is the real head. Regarding age limits, members of the Lok Sabha and Legislative Assemblies must be at least $25$ years old, while the President, Vice-President, and Governors must be at least $35$ years old.

Questions & Discussion

Question 1: Who is not included in the Electoral College for the election of the President of India? Answer: Nominated members of the Rajya Sabha, nominated members of State Legislative Assemblies, and all members of State Legislative Councils (Vidhan Parishad) are not included in the Electoral College.

Question 2: To whom does the President address his resignation letter? Answer: The President addresses his resignation letter to the Vice-President, who then informs the Speaker of the Lok Sabha.

Question 3: How many Presidents of India have been impeached to date? Answer: Zero. No President has been impeached in the history of India.**