1. Constitutional Position

Article 52 → “There shall be a President of India.”

• Head of State and First Citizen of India.
• Supreme Commander of the Armed Forces.
• Appoints:
  • Prime Minister, other Union Ministers
  • Judges of the Supreme Court & High Courts
  • Governors of States
• Acts mainly as a constitutional figurehead;
  Real executive power → Prime Minister + Council of Ministers (Art. 74).

2. Election of the President

Electoral College (Art. 54):

Includes ONLY elected members of:

• Lok Sabha
• Rajya Sabha
• State Legislative Assemblies
• Legislative Assemblies of Delhi & Puducherry

Excluded from voting:

• Nominated members (Parliament/State Assemblies)
• MLCs (State Legislative Councils)
• Nominated MLAs in Delhi/Puducherry

Voting System (Art. 55):

• Proportional Representation,
• Single Transferable Vote (STV)
• Secret ballot
• Each elector has one vote, but votes carry value.

3. Process of Election

• ECI announces election schedule + invites nominations.
• Candidate must have:
  • 50 proposers
  • 50 seconders (from Electoral College)
• Must be:
  • Citizen of India
  • 35 years old
  • Eligible to be a Lok Sabha member
• Nomination scrutinized → valid candidates notified.
• Electors cast a vote using STV.
• Majority vote → candidate declared President.
• President-elect takes oath (Art. 60).

4. Constitutional Articles

5. Qualifications (Art. 58)

Candidate must:

• Be a citizen of India
• Be 35 years or above
• Be qualified to be a member of the Lok Sabha
• Not hold office of profit

Exceptions (can hold office and still contest):

• Sitting President
• Sitting Vice-President
• Governor of any State
• Union/State Ministers

6. Oath of Office (Art. 60)

Swears to:

• Faithfully execute office
• Preserve, protect, and defend the Constitution and the law
• Devoted to the service & well-being of the people

Administered by: Chief Justice of India (or senior-most SC judge available)

7. Conditions of Office (Art. 59)

• Must not be MP or MLA; the seat becomes vacant upon assuming office.
• Must not hold any other office of profit.
• Entitled to Rashtrapati Bhavan (rent-free).
• Receives emoluments/allowances as determined by Parliament.
• Salary cannot be reduced during the term.

8. Term and Vacancy (Art. 56 & 62)

Term:

• 5 years from entering office.
• Continues until successor assumes office.
• Eligible for unlimited re-election (unlike the U.S., where max = 2 terms).

Vacancy arises due to:

1. Expiry of term
2. Resignation (to Vice-President)
3. Impeachment
4. Death
5. Disqualification/election declared void

9. Impeachment of the President (Art. 61)

• Ground: “Violation of the Constitution”
  (Not defined in the Constitution)
• It can be initiated by either House of Parliament.
• Requires:
  • Notice signed by 1/4th the members of the initiating House
  • 14 days’ notice to the President
• Passed by:
  • 2/3rd majority of the total membership of both Houses

Important:

• Nominated MPs can participate in impeachment.
• State MLAs cannot participate (even though they vote in the election).

No President has been impeached so far.