Conditions of the President’s Office
- He should not be a member of either House of Parliament or a House of the state legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
- He should not hold any other office of profit.
- He is entitled to use his official residence (the Rastrapathi Bhavan) without payment of rent.
- He is entitled to such emoluments, allowances and privileges as Parliament may determine.
- His emoluments and allowances cannot be diminished during his term of office.
Privileges and Immunities
- During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
- He cannot be arrested or imprisoned.
- However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his acts
Vacancy
- On the expiry of his tenure of five years.
- By his resignation.
- On his removal by the process of impeachment.
- By his death.
- Otherwise, for example, when he becomes disqualified to hold office or his election is declared void.
Term of the President’s Office and Resignation
- Term – The President holds office for a term of five years from the date on which he enters upon his office.
- Resignation – He can resign from his office at any time by addressing the resignation letter to the vice president
Impeachment of President
- Impeachment proceedings can be initiated by either House of Parliament, with the charges being signed by one-fourth of the members of the House.
- The President is given 14 days’ notice before the proceedings begin and has the right to appear and be represented during the investigation. If a resolution is passed by a two-thirds majority of both Houses, the President is removed from office.
- An impeachment is a semi-judicial process in Parliament. Nominated members of either House of Parliament can participate in impeachment proceedings, even though they cannot vote in the presidential election.
- Members of state legislative assemblies and the Union Territories of Delhi and Puducherry, who can vote in the presidential election, do not participate in impeachment proceedings.
- To date, no President has ever been impeached.