The President of India (Articles 52-62): Qualifications, Elections, Removal –

Since there is a parliamentary form of government in India, there are two parts of executive such as –

i) Nominal executive

ii) Real executive

The president is the nominal executive head and the council of ministers whose head is the Prime Minister is the real executive. 

Article 52 – of the constitution provides that “There shall be a president of India”. While clarifying the position of president Dr. B.R Ambedkar while speaking in the constituent assembly had said “The president occupies the same position as the king under the British constitution. He is ahead of the nation but not of the executive. He represents the nation but does not rule the nation.

Article 54 – 

Article 54 deals with the election of the president.

The president shall be elected by the members of an electoral college consisting of –

i) the elected members of both House of Parliament and

ii) the elected members of the Legislative Assembly of the state.

[article 52, article 52 of indian constitution, article 52 to 62]

Article 55 Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:—

(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;

(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;

(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under subclauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

Article 56 – Term of office of President

— (1) The President shall hold office for a term of five years from the date on which he enters upon his office: Provided that—

(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;

(b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

[article 52, article 52 of indian constitution, article 52 to 62]

Article 57 –  Eligibility for re-election

A person who holds the office of President shall be eligible for re-election to that office according to the provisions of the constitution.

Qualifications of President –

According to Article 58 of the constitution, the following qualifications are needed for the office of president –

i) he must be a citizen of India

ii) he must be above 35 years of age

iii) he must possess all qualifications prescribed for election as a member of Lok Sabha

iv) he must not hold any office of profit under the Government of India or any State government or any local authority subject to the control of state government

v) he must not be a member of either House of Parliament or of any state legislature in case he is, his seat in Parliament or state legislature is considered vacant from the date he gives the office of president.

The President of India (Articles 52-62): Qualifications, Elections, Removal 

The President of India (Articles 52-62) Qualifications, Elections, Removal
The President of India (Articles 52-62) Qualifications, Elections, Removal

Article 61 – Procedure for Impeachment of the President

When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

No such charge shall be preferred unless –

i) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and

ii) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

Article 62 –  Time of holding election to fill vacancy in the office of president and the term of office of person elected to fill casual vacancy –

i) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

ii) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

The President of India (Articles 52-62): Qualifications, Elections, Removal 

[article 52, article 52 of indian constitution, article 52 to 62]

What is Article 52?

Article 52 – of the constitution provides that “There shall be a president of India”.

What is Article 54?

Article 54 deals with the election of the president.

What are the qualifications of President ?

According to Article 58 of the constitution, the following qualifications are needed for the office of president –
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