Ashna Sisodia is teaching live on Unacademy Plus
Course: The Union ( Part V) Lesson: term, Impeachment and vacancy Presented by : Ashna Sisodia
About Me From Chandigarh, India Done computer science engineering from UIET kurukshetra-2012 pass out UPSC CSE mains qualified Keen learner and loves to teach Interests: Loves reading and blogging Rate, Review and Recommend Follow me : https://unacademy.in/user/AshnaSisodia
Term of office of presidernt Term of office of president Art. 56 1. five years from the date on which he enters upon his office: Provided that- a) He may, by writing (addressing) the resignation letter to the Vice-President, resign his office; b) for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61; c) hold office beyond 5 years, until his successor assumes charge. 2. Any resignation addressed to the Vice-President under clause (a) be communicated by him to the Speaker of the House of the People.
Eligibility for re-election Art. 57 Eligible for re-election. Elected for any no. of times. Unlike US Prez. _ who can be elected twice only. Eligibility for re- election. 57. A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.
Qualifications Article 58-Qualifications for election as President. 1. He should be a citizen of India. (In case of India, by birth and naturalization & In case of US- only by birth.) 2. Of and above 35 years of age 3. qualified for election as a member of the Lok Sabha. (eg. At someday if L.S decides its member o be graduate only then President has to be graduate too.) 4. He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
Nomination of a candidate subscribed by at least 50 electors as proposers and 50 electors as seconders. With a security deposit of Rs 15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited if failed to secure one- sixth of the votes polled.
Conditions Article 59-Conditions of President's office. 1. shall not be a member of either House of Parliament or of a House of the Legislature of any State. If any such member is elected as on the date on which he enters upon his office as President. 3. entitled to official residences and emoluments, allowances and President, he shall be deemed to have vacated his seat in that House 2. shall not hold any other office of profit. privileges - determined by Parliament by law - until then as specified in the Second Schedule. 4. The emoluments and allowances shall not be diminished during his term of office.
Oath ik o.ant ae enction df t Article 60: Oath or affirmation by the President. Every President/ acting President / discharging the functions of the President before entering upon his office *Take oath in the presence of the Chief Justice of India ( if absent, the senior-most Judge of the Supreme Court available) "I, AB., do swear in the name of God/ solemnly affirm that I will 1. faithfully execute the office. 2. preserve, protect and defend the constitution and the law. 3. to devote himself to the service and well-being of the people of India.
Impeachment of the President Article 61: Procedure for impeachment of the President. 1. For violation of the Constitution, the impeachment charges can be initiated by_either For violation of the Constitution, the impeachment charges can be initiated by either House of Parliament. 1. 2. No such charge shall be preferred unless a) signed by not less than one-fourth members of the house. b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House. c) a 14 days' notice should be given to the President. When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge. The President shall have the right to appear and to be represented at such investigation 3. 4. If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the bill is so passed.
Impeachment of the President an impeachment is a quasi-judicial procedure in the Parliament. Olmportant Notes: 1. The nominated members of either House of Parliament can participate in the impeachment. 2. The elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election.