President Of India - Article 56 - 62

Part – V, Union (Articles 52 – 151)

Part V of the Indian Constitution includes five chapters, which are as follows - 

• Chapter – 1, Provisions related to Executive (President, Vice President, Prime Minister, Cabinet and Attorney General) (Articles 52 – 78)
• President Of India - Articles 52 - 62 & 72
• Vice President of India - Articles 63 - 73
• Prime Minister and Council of Ministers - Articles 74 - 74
• Attorney General of India - Article 76
• Conduct of government business - Article 77 – 78
• Chapter – 2, Provisions related to Parliament and its procedure (Article 79 – 122)
• Chapter – 3, Provisions of the Legislative Powers of the President (Article 123)
• Chapter – 4, Provisions related to the Judiciary of the Union (Article 124 – 147)
• Chapter – 5, Provisions related to the Comptroller and Auditor General of India (Articles 148 – 151)

Constitution of India - Constituent Assembly and Committees

Chapter – 1, The Executive (Article 52 – 78)

Under Chapter – 1, the posts related to the following provisions and the work of their operation have been mentioned –

• President Of India (Articles 52 – 62 and 72)
• Vice President of India (Article 63 – 73)
• Prime Minister and Council of Ministers (Article 74 – 75)
• Attorney General of India (Article 76)
• Conduct of government business (Article 77 – 78)

President Of India ( Articles 52 – 62 And 72 )

We have see the few articles ( from 52 - 55 ) related to President of India in previous session named President of India - Article 56 to 62, Now we are going to discuss about the remaining articles ( from 56 - 62 & 72 )

Article 56 ( Term Of Office Of The President )

1. The President shall hold office for a term of five years from the date on which he enters upon his office. But in some cases -
• (a) The President may resign his office by writing under his hand to the Vice-President.
• (b) The President can be removed from office prematurely by the impeachment motion described under the provisions of Article 61 for violating the Constitution.
• (c) The President shall, on the expiration of his term of office, continue in office until his successor enters upon his office.
2. The resignation of the President shall be immediately informed by the Vice-President to the Speaker of the Lok Sabha.

Article 57 ( Eligibility For Re-Election )

Any person who holds, or has held, office as President shall be eligible for re-election to that office. That is, the person who has held the post of President can be re-elected as President under the provisions of the Constitution.

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Article 58 ( Qualifications For Being Elected President )

1. A person must have the following qualifications to be elected President –
• (a) Must be a citizen of India.
• (b) he has completed the age of 35 years.
• (c) He is qualified to be elected a member of the Lok Sabha.
2. Any person who holds any office of profit under the control of the Government of India or the State Government, that person shall not be eligible to be elected as the President.

Article 59 ( Conditions For The Office Of The President )

1. The President shall not be a member of either House of Parliament or State Legislature. If a person of the house is elected as the President, then from the date of taking office, his post in that house is vacated.
2. The President shall not hold any other office of profit.
3. The President will be entitled to the use of his official residence without paying any rent. Along with this, he will be entitled to the use of all the emoluments, allowances and privileges mentioned in Part 'A' of the Second Schedule.
4. The emoluments and allowances of the President shall not be curtailed during his term of office.

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Article 60 ( Oath or Affirmation by the President )

Any person who shall be elected President or who shall become Acting President shall, before entering upon his office, make and subscribe before the Chief Justice of the Supreme Court, or in his absence, the senior most available Judge, an oath or affirmation in the following form.

Oath or Affirmation

I, ………… (someone / name) ………….do Swear in the name of God/solemnly affirm that I will faithfully execute the office of the President of India or discharge the functions of the President and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will serve the people of India And I will be engaged in welfare.

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Article 61 ( Procedure For Impeachment Of The President )

The only ground for impeachment of the President is the encroachment of the Constitution. By this, the President is removed from office on the basis of violating the constitution.

1. The process of impeachment of the President can be initiated by either house of the Parliament.
2. The process of impeachment of the President shall not be imposed unless –
• (a) In the House of Parliament in which the process of impeachment is to be started, such notice is given in writing at least 14 days before, and that resolution is proposed by 1/4 (one fourth) members of that House. The idea of doing has been expressed.
• (b) The above proposed resolution is not passed by a majority of at least 2/3 (two thirds) of the total number of members of that house.
3. According to this, the allegations made by the first chamber, the second chamber will investigate or get it done. And in this type of investigation, the President has every right to be present and present his case.
4. After the investigation by the second house, if it is proved that the allegations against the President are true, then this resolution (impeachment) is approved by a majority of at least 2/3 (two-thirds) of the total number of the house which conducted the investigation or conducted the investigation. are passed. The President has to step down from his post from the date of the impeachment resolution being passed in the second house as well.

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Impeachment ( In Brief )

• The proposal for the process of impeachment can be initiated by either House of the Parliament.
• To start the process, at least 14 days prior written notice should be given by 1/4th of the total number of members of that house.
• The second house will investigate or cause to be done the investigation of the allegations made by the first house on the President.
• On passing the resolution by 2/3rd of the total number of members of the second house on the allegations leveled against the President being proved, the motion of impeachment is deemed to have been passed.
• After the impeachment is passed, the President has to resign from his post.
• During the investigation of the allegations leveled against the President, the President has full right to be present and represent himself.

Statue of Equality

Article 62 ( Time For Holding Election To Fill Vacancy In The Office Of President And Term Of Office Of Person Elected To Fill Casual Vacancy )

1. The election to fill the vacancy caused by the expiry of the term of the President should be completed before the expiry of the term of the President.
2. An election to fill a vacancy caused by the death, resignation or removal of the President or any other cause shall be completed in any case not later than six months from the date of occurrence of the vacancy and the person elected from the date on which he enters upon his office Will be entitled to hold the office of President for 5 years (as per Article 56).

Article 72 ( Power Of Pardon Of The President )

The sequence of paragraphs will go further in the next chapter (related to the Vice President).

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