The Chief Justice of India administers the oath to the President. If CJI is absent, it is administered by the senior most judge of the supreme court. The President takes the oath to
- Faithfully execute his office
- Preserve, protect and defend the constitution and the law.
- Devote himself to the service and well-being of the People of India.
Term of Office of the Indian President
- Tenure: The president holds office for a period of five years from the date on which he/she enters upon his/her office.
- Resignation: President may resign from the office by writing to the Vice-President.
- Removal: The President may also be removed from his/her office before completion of tenure on the grounds of violation of the Constitution.
- Continuity in the Office: The president continues to hold office until his/her successor enters upon his/her office.
- Re-election: The president can be re-elected any number of times.
Impeachment of the President
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- Constitutional provision:
- Article 61 provides a procedure for impeachment of the president for “violation of the Constitution”.
- However, violation of the Constitution has not been explained in the constitution.
- Quasi-judicial process:
- The president’s impeachment is a quasi-judicial act that takes place in Parliament and not in the court.
- The process of impeachment starts with a resolution containing charges against the president, which can be brought up in either house of the Parliament.
- Constitutional provision:
- Impeachment process in the house which initiates the process:
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- These charges must be signed by one-fourth of the members of the House, who have agreed with the proposal to bring charges against the President.
- The President must be given 14 days’ notice before the charges are moved in the form of a resolution. Such a resolution has to be passed by a majority of not less than two-thirds of the total membership of the House.
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- Impeachment process in the other house:
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- After the resolution is passed in the first house, the other House shall investigate the charges.
- The President shall have the right to appear and to be represented in such an investigation.
- If the other House also agrees with the charges and passes the impeachment resolution by a two-thirds majority of the total membership of the house, the President stands removed from office from the day the resolution is passed.
No president has been removed so far by the impeachment process.
Who can/cannot take part in the process of impeachment of the President?
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Comparative Analysis of Impeachment Processes: Indian President vs. US President
| Parameters | Indian President | US President |
| Applicability | The provision for Impeachment in India is provided only in case of the President. | The US Constitution gives Congress the authority to impeach and remove “The President, Vice President, and all civil Officers of the United States. |
| Grounds for removal | The Indian President can be removed for the ‘violation of the Constitution’, but no clear-cut definition as to what constitutes the Violation of Constitution is provided. | Removal on the grounds of Treason, Bribery or other high crimes and misdemeanours; no clear-cut definition of what constitutes ’high crimes and misdemeanours’ has been provided. |
| Charges
of Impeachment |
Can be brought in ‘either’ house of the Parliament | The House of Representatives is the only chamber with the authority to begin Impeachment proceedings. |
| Process of removal | One fourth of the members of the house (which framed the charges) should sign the charges and the President should be given 14 days notice. | The House of Representatives should by simple majority vote to impeach the President. Then the process goes to the Senate for trial. |
| Majority needed | If the house passes the Impeachment resolution by a 2/3rd majority of total membership of the house, it is referred to the other house (Lok Sabha or Rajya Sabha, as the case maybe) which investigates the allegations. | The Senate (Upper house) is convened like a court where a trial is conducted. The impeachment trials of the President are presided over by the Chief Justice of the Supreme court of the United States. |
| Removal | If the allegations are upheld and the other house (Lok Sabha or Rajya Sabha, as the case maybe) passes the resolution by 2/3rd majority of the total membership, the President stands removed from his office. No President has been impeached in India so far. | At the conclusion of trials the President can be removed from office if 2/3rd members of the Senate vote for it. Till now 3 United States presidents (Andrew Johnson, Bill Clinton, Donald Trump) have faced impeachment, although none were convicted by the Senate. |
Vacancies in the Office of the Indian President
A vacancy in the President’s office can arise due to following reasons:
- On the expiry of his/her five years term
- Resignation
- Removal from office by the process of impeachment
- Death
- If the president becomes disqualified or his/her election is declared void.
What happens when there is a vacancy?
Case 1:
- When there is a vacancy due to the expiration of the term of the sitting President, an election to fill the vacancy must be held before the expiry of the term.
- In case there is any delay in conducting the elections, the outgoing President continues to hold office (beyond his/her term of five years) until his/her successor assumes charge.
- It is important to note that the Vice President does not get the opportunity to act as the President in this case.
Case 2:
- If the office is vacant due to death, removal, resignation or otherwise, an election to fill the vacancy should be held within six months from the date of such vacancy.
- The new President remains in office for the full term of five years from the date he/she assumed office.
- The Vice President acts as the President until the new President is elected.
- Also, if the sitting President is unable to discharge his/her duties due to absence, illness or any other cause, the Vice President discharges functions of the president until the president resumes office.
- If the office of the Vice President is vacant, the Chief Justice of India (or senior most judge of the Supreme Court in case the office of Chief Justice is vacant) acts as the President.
