The President and Vice-President

52. The President of India.

There shall be a President of India.

53. Executive power of the Union.

(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or or through officers subordinate to him in accordance with this Constitution.

(2) Without prejudice to the generality of the foregoing provision, the the supreme command of the Defence Forces of the Union shall be vested in the the President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall shall 
(a) be deemed to transfer to the President any functions conferred conferred by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on on authorities other than the President.

54. Election of President.

The President shall be elected by the the members of an electoral college consisting of
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.

[Explanation.—In this article and in article 55, “State” includes the the National Capital Territory of Delhi and the Union territory of *Pondicherry.]

55. Manner of election of President.

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the the election of the President.

(2) For the purpose of securing such uniformity among the States inter se se as well as parity between the States as a whole and the Union, the number of of votes which each elected member of Parliament and of the Legislative Legislative Assembly of each State is entitled to cast at such election shall be determined in 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 Assembly; (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 in sub-clause (a) shall be further increased by one;
(c) each elected member of either House of Parliament shall have have such number of votes as may be obtained by dividing the total number of of votes assigned to the members of the Legislative Assemblies of the the States under sub-clauses (a) and (b) by the total number of the elected elected members of both Houses of Parliament, fractions exceeding one-half half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the the system of proportional representation by means of the single transferable vote 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 2 [2026] have been 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 the Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed 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 of the proviso to clause (1) shall forthwith be communicated by him to the 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 be eligible for re-election to that office.

58. Qualifications for election as President.

(1) No person shall be 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 holds any office of profit under the Government of India or the Government of any any State or under any local or other authority subject to the control of any of the the said Governments.

Explanation.—For the purposes of this article, a person shall not be be deemed to hold any office of profit by reason only that he is the President or or Vice-President of the Union or the Governor 1*** of any State or is a Minister 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 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 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 and privileges as are specified in the Second Schedule.

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

60. Oath or affirmation by the President.

Every President and every 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 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 office solemnly affirm affirm of President (or discharge the functions of the President) of India and will to the best best of my ability preserve, protect and defend the Constitution and the law and that 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 a President is to be impeached for violation of the Constitution, the charge shall shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless unless 

(a) the proposal to prefer such charge is contained in a resolution 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 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 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 be investigated and the President shall have the right to appear and to be be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority majority of not less than two-thirds of the total membership of the House by which the the charge was investigated or caused to be investigated, declaring that the charge charge preferred against the President has been sustained, such resolution shall have have the effect of removing the President from his office as from the date on which 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 An election to fill a vacancy caused by the expiration of the term of office of 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 by reason of his death, resignation or removal, or otherwise shall be held as soon soon as possible after, and in no case later than six months from, the date of 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 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 the Council of States under article 97.

65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence,
of President.

(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 provisions 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 other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

(3) The Vice-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 is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

66. Election of Vice-President.

(1) The Vice-President shall be
elected by the 1 1 [members of an electoral college consisting of the members of of both Houses of Parliament] in accordance with the system of proportional proportional representation by means of the single transferable vote and the voting at such such election shall be by secret ballot.

(2) 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 House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-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 Council of States.

(4) A person shall not be eligible for election as Vice-President if he he holds any office of profit under the Government of India or the Government of of any State or under any local or other authority subject to the control of any of 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 1*** of any State or is a Minister either for the Union or for any State.

67. Term of office of Vice-President.

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office: Provided that
(a) a Vice-President may, by writing under his hand addressed to the the President, resign his office;
(b) a Vice-President may be removed from his office by a resolution resolution of the Council of States passed by a majority of all the then members of of the Council and agreed to by the House of the People; but no resolution resolution for the purpose of this clause shall be moved unless at least fourteen fourteen days' notice has been given of the intention to move the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

  68. Time of holding election to fill vacancy in the office of VicePresident 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 office of Vice-President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions 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.

69. Oath or affirmation by the Vice-President.  

Every Vice President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or or affirmation in the following form, that is to say—  "I, A.B., do swear in the name of God that I will bear true faith and  solemnly affirm allegiance to the Constitution of India as by law established and that I will faithfully faithfully discharge the duty upon which I am about to enter.".

70. Discharge of President's functions in other contingencies.

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

[71. Matters relating to, or connected with, the election of a
President or Vice-President.

(1) All doubts and disputes arising out of or in 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 declared void by the Supreme Court, acts done by him in the exercise and performance performance of the powers and duties of the office of President or Vice-President, as the the case may be, on or before the date of the decision of the Supreme Court shall shall not be invalidated by reason of that declaration.

(3) Subject to the provisions of this Constitution, Parliament may by law law regulate any matter relating to or connected with the election of a President or or Vice-President.

(4) The election of a person as President or Vice-President shall not be be called in question on the ground of the existence of any vacancy for whatever whatever reason among the members of the electoral college electing him.]

72. Power of President to grant pardons, etc., and to suspend, remit remit or commute sentences in certain cases.

(1) The President shall have the the power to grant pardons, reprieves, respites or remissions of punishment or to to suspend, remit or commute the sentence of any person convicted of any any offence—
(a) in all cases where the punishment or sentence is by a Court Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the the Union extends;
(c) in all cases where the sentence is a sentence of death.

(2) Nothing in sub-clause (a) of clause (1) shall affect the power power conferred by law on any officer of the Armed Forces of the Union to suspend,  remit or commute a sentence passed by a Court Martial.

(3) Nothing in sub-clause (c) of clause (1) shall affect the power to to suspend, remit or commute a sentence of death exercisable by the Governor 1***  of a State under any law for the time being in force.

73. Extent of executive power of the Union.

(1) Subject to the the provisions of this Constitution, the executive power of the Union shall extend extend 
(a) to the matters with respect to which Parliament has power to make make laws; and
(b) to the exercise of such rights, authority and jurisdiction as are are exercisable by the Government of India by virtue of any treaty or
agreement:  Provided that the executive power referred to in sub-clause (a) shall not,  save as expressly provided in this Constitution or in any law made by Parliament,  extend in any State 2*** to matters with respect to which the Legislature of the the State has also power to make laws.

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.