BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY,

LUCKNOW

PROJECT REPORT ON-:

“OFFICE OF PRESIDENT AND VICE PRESIDENT”

SUBMITTED TO: DR. SHAILESH MISHRA

SUBJECT: ELECTION LAW

SUBMITTED BY:

PRIYA SINGH

ROLL NO: 206612

[BBALLB (H)]

SEMESTER 8
 ACKNOWLEDGEMENT
The success and final outcome of this assignment required a lot of guidance and assistance from
many people and I am extremely fortunate to have got this all along the completion of my
assignment work. Whatever I have done is only due to such guidance and assistance and I will
not forget to thank them. I am grateful and thankful to DR.SHAILESH MISHRA, my subject
teacher who was the guiding force for giving us an opportunity to do this assignment work and
providing me all support and guidance which made me complete the assignment on time. I am
extremely grateful to her for providing such a nice support and guidance.

Additionally, any attempt at any level can’t be satisfactorily completed without the support and
guidance of my Parents and friends.

So, I would like to thank my parents who helped me a lot in gathering different information,
collecting data and guiding me from time to time in making this project, despite of their busy
schedules they gave me different Ideas In making this project unique.

Thanking you.

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TABLE OF CONTENTS
1. Acknowledgement…………………………………………………2
2. Office Of President And Vice President- Introduction……........…4
3. The President – the Head of Union Executive …………………....4
4. Election of president ……………………………………………...5
5. Manner of Election of President ………………………………….5
6. Term of Office of President ………………………………………6
7. Eligibility for Re-Election ………………………………………..7
8. Qualification for Election as President …………………………...8
9. Conditions of President’s Office ………………………………….9
10.Oath or Affirmation by the President ………………………….....10
11.Procedure for Impeachment of the President …………………….11
12.Time of holding election to fill vacancy in the office of president and the
term of office of person elected to fill casual vacancy …………..12
13.The Vice-President of India……………………………………...13
14.The Vice-President to act as President or to discharge his functions during
casual vacancies in the office, or during the absence, of president…13
15.Election of Vice-President…………………………………………..13
16.Qualification for the office of Vice-President – Time for holding
Election………………………………………………………….....14
17.Term of Office of the Vice-President …………………………..…15
18.Removal of Vice-President . .…………………………………...…16
19.Oath of Office ……………………………………………………...16
20.Conditions of Office ………………………………………………16
21.Discharge of President’s functions in other contingencies ………...17
22.Matters relating to, or connected with, the election of a President or Vice-
President ……………………………………………………………18
23.Conclusion…………………………………………………………..19
24.Bibliography..……………………………………………………….20

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 TOPIC- “OFFICE OF PRESIDENT AND VICE
PRESIDENT”

INTRODUCTION-
In India, the constitution establishes a parliamentary form of government as distinguished
from the American Presidential type of government. The essence of the parliamentary type of
government is that the head of the state is the constitutional head the President and the real
executive powers are vested in the Council Of Ministers. The Prime Minister is the head of the
Council of Ministers. The council of ministers is responsible to the House of the People.
Though the executive power is vested in the president but he exercises this power with the aid
and advice of the council of ministers. The members of the council of ministers are all elected
by the people and they are members of the legislature.

The executive of government is the one that has sole authority and responsibility for the daily
administration of the state bureaucracy. The division of powers into separate branches of
government is central to the republican idea of the separation of powers. The Union Executive
Consists Of The President, Vice-President, The Council Of Ministers .1

1
In Common Cause, a Registered society v. Union of India, AIR 1999 SC 2979, the supreme court said that “the
executive consists of the prime ministers and ministers who are members of the Cabinet; Ministers who are not of
cabinet rank; and the civil service”
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 THE PRESIDENT OF INDIA

(Article 52)

The President – the Head of Union Executive

Article 52 of the constitution says that there shall be a President of the India. He is the head of
the state. The Executive power of the Union. Article 53(1) declares that President to be the
head of the Union Executive. It provides that the executive power of the union “shall be vested
in the president and shall be exercised by him either directly or through officers subordinate to
him “2. However, he shall exercise this power in accordance with the provisions of the
constitution.

In the case law Emperor v. Sibnath Banerjee 3, the privy council held that the expression

“officers subordinate to the president “ would include Ministers. Thus, the president may
exercise the executive power of the union either directly or through the members of the union
council of ministers.

Election of President – Article 54

The president shall be elected by the member of Electoral College consisting of –

(a) The elected members of both the houses of parliament ; and

(b) The elected members of the legislative assemblies of the states.

( Explanation – In this article and article 55 ,”state” includes the National Capital
Territory of Delhi and the Union Territory of Pondicherry. )

2
Emperor v. Sibnath, AIR 1945 PC
163. 3 AIR 1954 SC 156 at p. 163.

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Article 54 thus provides for the constitution of an Electoral College for the election of the
president.

The Constitution ( 70th amendment )Act, 1992 has added a new explanation to article 54 which
provides that the word “State” includes the National Capital Territory of Delhi and the

Union Territory of Pondicherry. This means that the M.L.A’s of the national territory Delhi
and the union territory will be included in the electoral college of the president.

It may be noticed that only elected members of the house of parliament and that of the
Legislative Assemblies of the states are the members of the Electoral College. The nominated
members3 do not take part in the election of the president.

Manner of Election of President – Article 55

(1) As far as practicable, there shall be uniformity in the scale of representation of

the different states at the election of the president.

(2) For the purpose of securing such uniformity among the states inter se as well as
parity between the states as a whole and the union , the number of votes which
each elected member of parliament and of the legislative assembly of each state
is entitled to cast at such election shall be determined in the following manner :-

(a) Every elected member of the legislative assembly of a state shall have as
many votes as there are multiples of one thousand in the quotient obtained by
dividing the population of the state by the total number of the elected
members of the assembly4;

(b) If, after taking the said multiples of one thousand , the remainder is not less
than five hundred, then the vote of each member referred to in sub clause (a)
shall be further increased by one ;

3
For nominated members see, infra, Articles 80, 331, 171, 333.
4
See Article 55(2) (a)

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 (c) Each elected member of either house of parliament shall have such number
of votes as may be obtained by dividing the total number of votes assigned
to the members of the legislative assemblies of the states under sub-clause
(a) and (b) by the total number of the elected members of both houses of
parliament, fractions exceeding one-half being counted as one and other
fractions being disregarded5.

(3) 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.

Article 55 contains the formula to be adopted at the election of the president for determining
the number of votes which each member of the Electoral College shall be entitled to cast. The
formula provided is that every elected member of the legislative assembly of a state shall have
as many votes as there are multiples of one thousand obtained by dividing the population of
the state by the total number of the elected members of the assembly.

When the votes, which the elected members of all the state legislative assemblies are entitled
to cast, are calculated, then the votes to be cast by the elected members of the parliament shall
be determined.

The Drafting Committee of the constituent Assembly explained the formula. The number of
votes which every elected member of the legislative assembly of the state is entitled to cast at
the election of the president shall be –

Value of vote of a single M.L.A = Population of the state / Total number of

the elected members of all the legislative assemblies of the states ÷ 1000

Referring to article 55, the number of votes which each elected member of either house of
parliament is entitled to cast shall be –

5
See Article 55(2) (c)

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 Value of vote of a single M.P = Total votes of a member of all state
legislative assembly / Total number of elected members of both the house
of parliament

Article 55 (3) provides that the election of the president shall be held in accordance with the
system of proportional representation by means of the single transferable vote. The object for
adopting this system is to elect that candidate who is found to be more popular among the
electors. This system is adopted when there are more than two candidates in the election of the
president. In such a case, if simple majority rule is applied , then a candidate getting less than
50% of votes cast in the election, would be declared elected. While according to the system of
proportional representation, the candidate to be declared successful would be that who obtains
an absolute majority votes6. Under this system a quota of valid votes is fixed, to be obtained
by the candidate, to be declared elected.

Term of Office of President – Article 56

Article 56 says that the president shall hold office for a term of five years from the date on
which he enters upon his office. Even after the expiry of his term he shall continue to hold the
office until his successor enters upon his office. He is also eligible for re-election. He may be
elected for any number of terms. However, he may, by writing under his hand and addressed
to the vice-president, resign his office at any time before the completion of his term of five
years. The president may also be removed for the violation of the constitution, by
impeachment, in the manner provided in article 61.

6
See CAD, 4, 880. See also Lalit Mohan Pandey v. Pooran Singh, 2004(5) SCALE 267.

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Eligibility for Re-Election – Article 57

Article 57 says that, a person who holds, or who has held, office as president, shall be eligible
for re- election to that office. The constitution thus does not place any bar on the re-election of
the same person to the office of the president. Same president can be formed any number of
times, while in U.S.A., it can be only two times after the 22nd amendment to U.S.A.
constitution.

Qualification for Election as President – Article 58

Article 58 lays down the qualification which a person must possess for being eligible for
election as president:

(a) He must be a citizen of India ;

(b) He must have completed the age of thirty-five years ;

(c) He must be qualified for election as a member of the houses of the people.
He must, therefore, be registered as a voter in any parliamentary
constituency7.

(d) He must not hold 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.

But the following person shall not be deemed to hold any office or profit
and hence qualified for being a candidate for President ship. They are (a)
the president and the vice-president of the union, (b) the government of any
state, (c) the minister of the union or of any state.

7
See section 4 of the Representation of People Act, 1951

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Conditions of President’s Office – Article 59

Article 59 lays down the following conditions for the office of the president --

 The president cannot be a member of either house of parliament or house of legislature

of any state. If a member of either house of parliament or of a state legislature is 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.
 The president shall not hold any other office of profit.
 The president shall not be entitled without payment of rent to the use of his official
residence, which is commonly known as Rashtrapati Bhawan.
 The president shall be entitled to such emoluments, allowances and privileges as may
be determined by parliament by law8. His emoluments at present are fixed at Rs.
50,000/- per month9. The emoluments and allowances of the president cannot be
diminished to his disadvantage during the term of his office.

Oath or Affirmation by the President – Article 60

Before entering upon his office, the president has to take an oath or an affirmation in the
presence of the Chief Justice of India, or, in his absence, the senior most judge of the
Supreme Court available, to preserve, protect, and defend the constitution and the law and to
devote himself to the service and well-being of the people of India. The president shall take
oath swearing in the name of god that he will faithfully execute the office of the president of
India and will, to the best of his ability.

8
Till provision in that behalf was made by parliament, the president was to get such all things as are specified in
the second scheduled of the constitution. See article 59(d)
9
See the President’s Emoluments and Pension (Amendments) Act, 1998

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Procedure for Impeachment of the President – Article 61

Article 56(1)(b) provides that the president may be removed from the office for the violation
of the constitution by impeachment in the manner provided in article 61. The only ground on
which the president can be removed from his office is the violation of the constitution. The
procedure contained in Article 61, to be followed for the impeachment of the president, is as
follows –

(a) the proposal to prefer a charge against the president for violating the constitution may
be preferred or initiated in either house of parliament ,

(b) the proposal to prefer such charge must be contained in the form of a resolution,

(c) the resolution can be moved in either house of the parliament only after the expiry of a
notice of 14 days . The notice must be in writing and signed by not less than onefourth
of the total number of members of the house in which the resolution is to be moved.
The notice must express the intention to move such a resolution ,

(d) such resolution must be passed by the house in which it is initiated by a majority of not
less than two-thirds of the total membership of the house,

(e) when the resolution is passed by the house in which the charge has been preferred, the
other house shall investigate the charge or cause the charge to be investigated. During
this investigation , the president shall have the right to appear and to be represented,

(f) if after such investigation, the, house, in which the charge against the president is
investigated, passes a resolution by a majority of not less than two-thirds of the total
membership of the house, 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.

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Time of holding election to fill vacancy in the office of president
and the term of office of person elected to fill casual vacancy –

Article 62

Article 62(1) provides that elections to fill the vacancy caused by the expiry of the term of
office of the president must be completed before the expiration of the term.

According to Article 62(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 and
in no case later than six months from the date of the occurrence of the vacancy. The person so
elected shall, subject to the provision of art. 56, hold office for the full term of five years
from the date on which he assumes his office.

If any vacancy occurs in the office of the president the vice-president shall act as the
president. If the vice-president is not available for any of the above reasons, the chief justice
of India and the senior most judge of the Supreme Court available will be in the line of
succession to discharge function of the president10.

Re Presidential Election case15 – 1974

In the state of Gujarat, there was in office minority government run by the congress party. On
the demand made by the opposition parties, the legislative assembly of the state was
dissolved and the state was brought under the president’s rule. The Presidential Election,
1974 was approaching. It was demanded at various quarters that election of the president
should be postponed until the elections to constitute the new legislative assembly in the state
of Gujarat were completed. The matter was so precipitated, that the president made a
reference of the question. The question referred to was – whether the election of the president
held before constituting the legislative assembly of the state of Gujarat , would
constitutionally valid.

10
President’s Succession Act, 1969.
15
AIR 1974 SC 1982

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It was contended that if the election was held without completing the Electoral College by
electing a new legislative assembly in the state of Gujarat, it would be unconstitutional. The
Supreme Court held that the election to fill the vacancy in the office of the president must be
completed before the expiration of the term of the president having regard to articles of the
constitution. Art. 56(1)( c ) applies to a case where a successor has not entered in his office
and only in such circumstances can a president whose term has expired continue in his office.

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 The Vice-President of India
(Article 63)

Article 63 provides that there shall be a vice-president of India. Article 64 declares Vice
President to be the ex officio chairman 11of the council of states12. In the event of the
occurrence of any vacancy in the office of the president, by the reason of his death,
resignation or removal, or otherwise ,the vice-president shall act as the president until the
date on which the new president , elected in accordance with the provisions of the
constitution to fill such vacancy, enters upon his office13. Again, when the president is unable
to discharge his functions owing to absence, illness or any other cause, the vice-president
shall discharge his functions until the date on which the president resumes his duties14.

The Vice-President to act as President or to discharge his

functions during casual vacancies in the office, or during the
absence, of president. – Article 65

(1) In the event of the occurrence of any vacancy in the office of the president by reason
of his death, resignation or removal or otherwise the vice president shall act as
president until the date on which a new president elected in accordance with the
provision of this chapter to fill such vacancy enters upon his office.

(2) When the president is unable to discharge his functions owing to absence , illness
or any cause , the vice-president shall discharge his functions until the date on which
the president resume his duties.

11
An ex officio appointment means that the appointment is by virtue of the office , without any other warrant or
appointment than that resulting from the holding of a particular office.
12
Article 64
13
Article 65(1)
14
Clause (2) of article 65

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 (3) The vise president shall , during and in respect of the period while he is so acting
as or discharging the functions of president have all the powers and immunities of
the president and be entitled to such emoluments, allowances and privileges as may
be determined by parliament by law and until provision in that behalf if is so made,
such emoluments , allowances and privileges as are specified in the second
schedule.

Election of Vice-President – Article 66

The Vice-President is elected by the members of an Electoral College consisting of the

members of both Houses of Parliament in accordance with the system of proportional
representation by means of single transferable vote and the voting at such election is done by
secret ballot15. The Presidential and Vice-Presidential Elections Act, 1997, provides that there
should be 20 proposers and 20 seconders to support the candidature of a person in the
election of the Vice-President.

Qualification for the office of Vice-President –

Article 66(3) lays down that a person to be eligible for the office of the vice-president, must
possess the following qualification-

(a) He must be a citizen of India.

(b) He must have completed the age of thirty-five years.

(c) He must be qualified for election as a member of the Rajya Sabha. It requires that he
must be registered as a voter in any Parliamentary Constituency16.

(d) He must not hold 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.

15
Article 66(1)
16
See the Representation of people act, 1951

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Time for holding Election - Article 68

Article 68 provides that an election to fill a vacancy caused by the expiration of the term of

Vice-President shall be completed before the expiration of the term of the earlier
VicePresident. While an election to fill a vacancy occurring by reason of his death,
resignation or removal or otherwise, shall be held as soon as possible after the occurrence of
the vacancy17, and the person elected to fill the vacancy shall subject to the provision of
article 67, be entitled to hold office for the full term of five years from the date on which he
enters upon his office.

Term of Office of the Vice-President - Article 67

Article 67 lays down that the Vice-President holds office for a term of, five years from the
date on which he enters upon his office. He shall continue in his office even after the
expiration of his term of five years until his successor enters upon his office. The Vice
President may, by writing under his hand, addressed to the President, resign his office.

Removal of Vice-President

According to the Article 67(b), the Vice-President may be removed from his office by a
resolution of the Rajya Sabha passed by a majority of all the members of the Rajya Sabha and
agreed to by the Lok Sabha. However, no resolution for the removal of the Vice-President
shall be moved in the Rajya Sabha unless at least fourteen days’ notice has been given of the
intention to move the resolution.

It may be noticed that the Constitution does not prescribe any on which a resolution for the
removal of Vice-President can be moved.

17
Clause 2 of article 68

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Oath of Office - Article 69

Article 69 says that the Vice-President, before entering upon his on shall make and subscribe
before the President or some person appointed in that behalf by him, an oath or affirmation
in the following form, that is to say-

"I, A.B., do swear in the name of God/solemnly affirm that I Will bear true faith and
allegiance to the Constitution of India as by law established and that I will faithfully
discharge the duty upon which 1 am about to enter."

Conditions of Office [Article 66(2), 64 and 65(3)]

(1) The Vice-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 of such House is elected as
the Vice-President then, he shall be deemed to have vacated his seat in that House on
the date on which he enters upon his office as Vice-President18.

(2) The Vice-President shall be ex officio Chairman of the Rajya Sabha and shall not hold
any other office of profit19. During any period when the Vice-President acts as 'resident
or discharges the functions of the President under Article 65, he shall not perform the
duties of the office of Chairman of the Rajya Sabha20. During such period, he shall
have all the powers and immunities of the President and be 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 to the Constitution21.

It may be noticed that the Constitution does not provide the salary, allowances or the
privileges to which the Vice-President is entitled to as Vice-President. He, therefore,
does not receive any salary or allowance as Vice-President. When he is acting as
President or discharging his functions, the Vice-President is entitled to such salary

18
Clause 2 of article 66
19
Article 64
20
Proviso to article 64
21
Clause 3 of article 65

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 and allowances as are payable to the President. And, when he is not so acting, he shall
be ex-officio Chairman of the Rajya Sabha and shall be entitled to such salary and
allowances as are determined under Article 97 for the Chairman of the Rajya Sabha.
At present, the Vice-President receives Rs. 1,25,000/ per month as salary and
allowance. After scanning the provisions relating to the office of the Vice-President,
may be noticed that not much importance is given to this office. The office is created
for the purpose of providing for an event, when there is a vacancy in the office of the
President or when the President is unable to discharge pig functions owing to absence,
illness or any other cause. The normal function of the Vice-President on the other
hand, is to preside over the Rajya Sabha.

Discharge of President’s functions in other contingencies –

Article70

Parliament may make such provision as it thinks fit for the discharge of the functions of the
president in any contingency not provided for in this chapter.

Matters relating to, or connected with, the election of a President

or Vice-President – Article 71

(1) All doubts and disputes arising out of or in connection with the election of a president
or vice-president shall be inquired into and decided by the Supreme Court whose
decision shall be final.

(2) If the election of a person as president or vice-president is declared void by the supreme
court, acts done by him in the exercise and performance of the power and duties of the
office of president or vice-president, as the case maybe, on or before the date of the
decision of the supreme court shall not be invalidated by reason of that declaration.

(3) Subject to the provision of this constitution, parliament may by law regulate any matter
relating to or connected with the election of a president or vice-president.

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 (4) The election of a person as president or vice-president shall not be called in question
on the ground of the existence of any vacancy for whatever reason among the members
of the Electoral College electing him.

Conclusion

As the President is the chief leader of the State, he appreciates broad leader powers given to
him by the Constitution of India. Every one of the leader choices are taken for the sake of the
President.

He additionally has the ability to make rules for the advantageous exchange of business of the
Indian Government.

The President names the Indian Prime Minister and, on the guidance of the Prime Minister,
different Ministers of the Union. Aside from the Prime Minister, he likewise has the ability to
choose and eliminate the accompanying established officials and the individuals from the
Union Government.

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 Bibliography

 STATUTES:

 The Constitution of India

 INTERNET REFERENCES
 www.legalserviceindia.com
 www.indiankanoon.org
 www.indianexpress.com
 www.lawbhoomi.com

 BOOKS:

 Bakshi, P. M.(2006). The Constitution of India. New Delhi: Universal Law

Publishing Co.

 Kumar, Narendra (2008). Constitutional Law of India. Delhi: Allahabad Law

Agency.

 Kumar, Narendra (2016). Constitutional Law of India. Delhi: Allahabad Law

Agency.

 Pandey, J.N. (2005). Constitutional Law of India. Allahabad: Central Law

Agency.

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