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President: Term, Impeachment and Vacancy (2)

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President: Term, Impeachment and Vacancy (2)

The President of India holds office for a term of five years from the date on which they assume office. The President may hold office for additional terms through re-election. Here is an overview of the key points concerning the term of office, impeachment process, and scenarios that may cause a vacancy in the President's office:

Term of the President’s Office

  • Duration: The President serves a term of five years from the date they take office.
  • Resignation: The President may resign from office at any time by sending a written resignation letter to the Vice-President.
  • Beyond Term: If a successor has not been elected by the end of the President's term, the President may continue to hold office until a successor assumes charge.
  • Re-election: The President is eligible for re-election and may serve multiple terms.

Impeachment of the President

  • Grounds: The President can be impeached for "violation of the Constitution." The term "violation" is not explicitly defined in the Constitution.
  • Initiation: Either house of Parliament can initiate impeachment charges.
  • Requirements: Charges must be signed by at least one-fourth of the members of the initiating house and a 14-day notice must be given to the President.
  • Approval Process: If the charges are approved by a two-thirds majority of the initiating house, the other house will investigate the charges. If the second house also passes the impeachment resolution by a two-thirds majority, the President is removed from office.
  • Proceedings: The impeachment process is a quasi-judicial procedure where the President has the right to appear and be represented during the investigation.
  • Participants: Nominated members of either house can participate in the impeachment process, while elected members of state legislatures do not participate.

Vacancy in the President’s Office

➤ Causes: A vacancy may occur due to the expiry of the President’s term, resignation, impeachment, death, or other circumstances (such as disqualification or void election).
➤ Filling Vacancies:
  • If a vacancy occurs due to the expiration of the President's term, an election must be held before the term ends.
  • If the office becomes vacant for any other reason, a new election must be held within six months of the vacancy.
➤ Succession:
  • In the case of a vacancy, the Vice-President acts as President until a new President is elected.
  • If both the President and Vice-President positions are vacant, the Chief Justice of India (or the senior-most judge of the Supreme Court if the Chief Justice's position is also vacant) acts as President or discharges the President’s functions.
➤ Interim President:
  • The person acting as President during a vacancy enjoys all powers, immunities, and privileges as determined by Parliament.
 
48-52nd BPSC
Q. In case the post of President of India falls vacant, and there is no Vice-President also, who among the following would be the acting President?
A. Vice-Chairman of Rajya Sabha
B. Attorney-General of India
C. Lok Sabha Speaker
D. None of the above
 
45th BPSC
Q. The President of India can be removed from his post by –
A. The Prime Minister of India
B. Chief Justice of India
C. Parliament
D. None of the above