The President is the head of the Indian State, he is referred to as the first citizen of India. Officially the president is the ceremonial head of the state of India and the commander-in-chief of the Indian Armed Forces.
Election Of The President
A single-transferable vote system (Proportional Representation) is used to elect India's President indirectly.
The President is chosen by an electoral college made up of elected government representatives who form the government after being elected in state and national elections.
The electoral college for the presidential election is made up of:
Lok Sabha and Rajya Sabha
Legislative Assemblies of States
Delhi, Jammu and Kashmir, and Puducherry Legislative Assemblies
If the Supreme Court declares a person's election as President null and void, any action taken by that person before the Supreme Court's declaration is not valid and remains in effect.
President's Office Term
The President is elected for a five-year term that begins on the date he takes office. He can, however, resign from his position at any time by writing a letter to the Vice-President.
He can also be impeached and removed from office before the end of his term.
The President can stay in office beyond his five-year term until his successor takes over.
He's also up for re-election to that position.
He can be re-elected for as many terms as he wants.
In the United States, however, a person can only be elected to the office of President once.
The process of impeaching India's President is quasi-judicial in nature.
Only a constitutional violation can result in the President being removed from office via the impeachment process.
The process of impeachment can begin with the filing of charges against him in any house of parliament.
All members of parliament are involved in the impeachment process (elected and nominated).
The notice containing the charges against the president must be signed by a quarter of the members of the house.
The notice is then sent to India's president, and within 14 days, the impeachment process begins.
To impeach the president, a special majority (two-thirds) of the members of the originating house must vote. It is then considered by the other house.
Throughout the process, the President of India has the right to be represented by authorised counsel. He may defend himself or appoint a person/lawyer or the Indian Attorney General to represent him.
The president of India is impeached if the other house adopts the resolution with a two-thirds majority following the select committee's investigation.
Article 61 details the procedure for impeaching the President of India
The president is required to make and subscribe in the presence of the Chief Justice of India or in his absence, the senior-most judge of the supreme court.
What are the limitations posed on the president of India?
The president of India has the power to either sign, withhold, or return any bill passed by parliament. It becomes a law if the president signs it into existence.
If a bill is reintroduced and passed by parliament after the president has returned or withheld it until its expiration date, it automatically becomes law without his signature.
Even though the president is required by law to follow the prime minister's lead, it is he or she who issues final orders.
Consequently, the president has no authority to reject or delay the prime minister's advice for long periods of time without being able to constitutionally challenge this decision.
In the same way, the prime minister can object to any decision made by the President without consulting the Cabinet.
Also, life imprisonment can only be converted to death by the judiciary.