Constitutional Status of the President (Article 52 & 53):
The President of India is the constitutional, ceremonial Head of the State, the First Citizen of the Republic, and the Supreme Commander of the Armed Forces. All executive actions of the Government of India are formally taken in the President's name. However, under the cabinet parliamentary system, the President is a constitutional nominal executive who acts strictly on the aid and advice of the Council of Ministers headed by the Prime Minister (Article 74, made binding by 42nd and 44th Amendments).
Qualifications for Election (Article 58):
- Must be a citizen of India.
- Must have completed 35 years of age.
- Must be qualified for election as a member of the Lok Sabha.
- Must not hold any office of profit under the Union, state governments, or local authorities.
The Electoral College (Article 54):
The President is elected indirectly through proportional representation with a single transferable vote by an Electoral College consisting of:
- Elected members of both Houses of Parliament (Elected MPs of Lok Sabha and Rajya Sabha).
- Elected members of the Legislative Assemblies of the States (Elected MLAs of Vidhan Sabhas).
- Elected members of the Legislative Assemblies of Delhi and Puducherry (70th Amendment Act).
Who CANNOT Vote: Nominated members of Parliament (12 in Rajya Sabha) and nominated members of state assemblies CANNOT vote in presidential elections!
Impeachment of the President (Article 61):
The President can be removed from office before expiry of the 5-year term ONLY through the quasi-judicial process of Impeachment for 'Violation of the Constitution':
- The impeachment charge can be initiated in either House of Parliament.
- Resolution must be signed by at least $\frac{1}{4}\text{th}$ of total members of that House and a 14 days' advance notice given to the President.
- Passed by a special majority of not less than $\frac{2}{3}\text{rd}$ of the TOTAL membership of that House.
- The other House investigates the charge (President has right to appear or be represented). If the investigating House also passes the resolution by a $\frac{2}{3}\text{rd}$ majority of TOTAL membership, the President stands removed from office!