Qualifications, Oath, Term & Impeachment of a President

Let’s begin with a simple question:
Who can become the President of India?

The Constitution gives us a clear checklist.

🧍‍♂️ Qualifications for Election as President

To contest the election for the office of President, a person must satisfy four main conditions:

1️⃣ Citizen of India — naturally, since this is the highest constitutional post of the nation.
2️⃣ Age — must have completed 35 years.
(Just like one must be 25 years for Lok Sabha and 30 years for Rajya Sabha, the President’s post demands higher maturity — hence 35.)
3️⃣ Qualification for Lok Sabha — That means the person should be eligible to contest Lok Sabha elections — i.e., must be a voter in India and not disqualified under any law.
4️⃣ No Office of Profit — The candidate should not hold any office of profit under the Union or State Government, or under any local or public authority.

Why?
Because this post must be free from executive influence — no conflict of interest.

However, there are some exceptions —
the following are not treated as offices of profit:

• The sitting President or Vice-President of India,
• Governor of any State, and
• Ministers at the Union or State level.

So, these individuals can contest for President while in office.

📜 Nomination Procedure

Now, not everyone can randomly file a nomination. There’s a safeguard against “non-serious candidates.”

• Each candidate’s nomination must be proposed by at least 50 electors and seconded by another 50 electors.
  (Earlier, before 1997, it was just 10 proposers and 10 seconders.)
• Every candidate must deposit ₹15,000 in the Reserve Bank of India as security deposit.
  (Earlier ₹2,500 — raised in 1997 for the same reason: to discourage frivolous candidates.)
• If a candidate fails to secure one-sixth of the total valid votes, the deposit is forfeited.

This ensures that only serious and supported individuals contest for the country’s top constitutional post.

🤲 Oath or Affirmation by the President

Before taking charge, the President must take an oath (or affirmation) — as per Article 60.

In that oath, the President promises three things:

1️⃣ To faithfully execute the office of the President;
2️⃣ To preserve, protect, and defend the Constitution and the law; and
3️⃣ To devote himself/herself to the service and well-being of the people of India.

Who administers this oath?
→ The Chief Justice of India (CJI).
→ If the CJI is unavailable, then the senior-most judge of the Supreme Court available does it.

And anyone else who acts as the President (for example, Vice-President temporarily) also has to take a similar oath.

🏠 Conditions of the President’s Office

Let’s now understand what restrictions and privileges apply to the President during tenure:

1️⃣ The President cannot be a member of either House of Parliament or of any State Legislature. If elected, the seat automatically falls vacant on assuming office.
2️⃣ The President cannot hold any other office of profit — to maintain neutrality.
3️⃣ The President is entitled to use the official residence (Rashtrapati Bhavan) without paying rent.
4️⃣ The President receives emoluments, allowances, and privileges as decided by Parliament.
5️⃣ The President’s emoluments and allowances cannot be reduced during his/her tenure.
This protects independence from parliamentary pressure.

💰 Salary and Perks

• 2018: Salary increased from ₹1.5 lakh to ₹5 lakh per month.
• 2008: Pension of retired Presidents made 50% of salary (earlier ₹3 lakh per annum).
• Retired Presidents also enjoy furnished accommodation, car, phone, medical care, travel facilities, secretarial staff, and office expenses.
• The spouse of a deceased President gets family pension (50% of pension) and certain facilities on a smaller scale.

⚖️ Privileges and Immunities

The President enjoys personal immunity to protect the dignity and stability of the office:

1️⃣ No criminal proceedings can be initiated against the President during tenure — not even for personal acts. The President cannot be arrested or imprisoned.
2️⃣ Civil proceedings can be initiated for personal acts — but only after two months’ notice.
3️⃣ Immunity applies only during the term of office, not after it.

🕔 Term of Office

• The President holds office for 5 years from the date of assuming charge.
• But can resign anytime by writing to the Vice-President.
• Can also be removed through impeachment (we’ll come to that).
• May continue beyond 5 years until the next President takes charge — to avoid any gap in the office.
• Eligible for re-election — any number of times.
  (Unlike the USA, where the limit is two terms.)

⚖️ Impeachment of the President

Now, this is a very important UPSC area.
Let’s understand it logically.

📌 Basis of Impeachment

The President can be removed only for “violation of the Constitution.”

However, note — the Constitution does not define what exactly counts as “violation.”
So, it’s a political-legal judgment.

⚙️ The Procedure — Step by Step

This process is given in Article 61, and it’s quite strict — intentionally, to protect the dignity of the office.

Initiation

Either House of Parliament can start impeachment.
The proposal must be signed by 1/4th of total members of that House.
Then, a 14-day notice is given to the President.

First Stage — Framing Charges

That House discusses and votes on the impeachment resolution.
It must be passed by 2/3rd of the total membership (not just present and voting).

Second Stage — Investigation

The resolution then goes to the other House, which investigates the charges.
The President has the right to appear and defend himself/herself.

Final Stage

If the second House also passes the resolution by 2/3rd of the total membership,
the President stands removed from office from that date.

⚖️ Nature of the Procedure

This is called a quasi-judicial process — meaning, it is neither purely judicial nor purely legislative, but a mixture of both.

🧩 Key Points to Remember

• Nominated members of Parliament can participate in impeachment (unlike in election).
• Elected MLAs of States and UTs do not participate (unlike in election).
• No President has ever been impeached in Indian history so far.

Vacancy in the President’s Office

Now, when can the President’s office become vacant? The Constitution lists five ways:

1️⃣ On expiry of the 5-year term.
2️⃣ By resignation (addressed to the Vice-President).
3️⃣ By removal (through impeachment).
4️⃣ By death.
5️⃣ Otherwise — for example, disqualification or election declared void.

⏰ When Vacancy is About to Occur (End of Term)

An election must be held before the President’s term ends, so that the new President can take over immediately.
If there’s any delay, the outgoing President continues until the successor assumes office —
to prevent an “interregnum” (a gap in authority).

⚰️ When Vacancy Actually Occurs (Death, Resignation, etc.)

If the office becomes vacant suddenly (due to death, resignation, removal, etc.):

• The election for a new President must be held within 6 months.
• The newly elected President serves a full 5-year term from the date of assumption.

👥 Who Acts as President During Vacancy or Absence?

• If the President’s office falls vacant → Vice-President acts as President until a new one is elected.
• If the President is temporarily unable to function (say illness or travel) → Vice-President discharges functions.
• If both offices (President & Vice-President) are vacant →
  the Chief Justice of India acts as President.
  (If CJI’s post is also vacant, then the senior-most judge of the Supreme Court takes over.)

All such acting Presidents enjoy full powers, privileges, and immunities of the President and receive emoluments as decided by Parliament.

✅ Conceptual takeaway:

The framers of our Constitution designed the office of the President to be dignified, neutral, and stable, not a seat of political power.
Hence, every rule — from election to removal — ensures that the President remains above politics, symbolizing the unity of the nation.