THE CONSTITUTION OF INDIA. India

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СКАЧАТЬ The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

      Explanation. — In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:

      Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971 census.

      56. Term of office of President

      (1) The President shall hold office for a term of five years from the date on which he enters upon his office:

      Provided that—

      (a) the President may, by writing under his hand addressed to the vice-President, resign his office;

      (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;

      (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

      (2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

      57. Eligibility for re-election

      A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.

      58. Qualifications for election as President

      (1) No person shall be eligible for election as President unless he—

      (a) is a citizen of India,

      (b) has completed the age of thirty-five years, and

      (c) is qualified for election as a member of the House of the People.

      (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

      Explanation. — For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

      59. Conditions of President's office

      (1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

      (2) The President shall not hold any other office of profit.

      (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

      (4) The emoluments and allowances of the President shall not be diminished during his term of office.

      60. Oath or affirmation by the President

      Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say—

      "I, A.B., do swear in the name of God that I will faithfully execute the office solemnly affirm of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.".

      61. Procedure for impeachment of the President

      (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

      (2) No such charge shall be preferred unless—

      (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and

      (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

      (3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

      (4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

      62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy

      (1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

      (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

      63. The Vice-President of India

      There shall be a Vice-President of India.

      64. The Vice-President to be ex officio Chairman of the Council of States

      The Vice-President shall be ex officio Chairman of the Council of the States and shall not hold any other office of profit:

      Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

      65. The Vice-President to act as President or to discharge his functions during casual vacancies СКАЧАТЬ