Oath by the President in terms of Art-60 includes to preserve, protect & defend Constitution & the law

As protector of Constitution President of India is above any Religion/Sect/Party/Vote bank considerations
Vested with executive power of Union President also holds Supreme command of Defence Forces

DAYA SAGAR

Another feature that so particularly reflects from the proviso to the text of Art-58 ( 2) of the constitution is that anyone who contests election for President of India could also lose election even if one is enjoying political confidence of political party/ parties holding majority in governments / legislatures of the day in the government since as per the qualification for election Article-58 (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 but 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 which means that one need not resign from such office before one is elected ( Article-59 says 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). That means even a candidate supported by the elected government in power can lose. Not only that Art-59 also lays down that the emoluments and allowances of the President shall not be diminished during his term of office.
No doubt Art-74 of the COI also laid down that < (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. (2) The question whether any, and if so what advice was tendered by Ministers to the President shall not be inquired into in any court> but the advice of the Council of Ministers was not binding on the President so the authority of the President to defend the Constitution even by over ruling the elected government was ultimate to some extent. It was on with 42nd Amendment Act of 1976 that Art-74 was amended < For clause (1), the following clause shall be substituted, namely:-“(1) There shall be a Council of Ministers with the Prime Minister atthe head to aid and advise the President who shall, in the exercise ofhis functions, act in accordance with such advice.”> to in a way make the advice of cabinet almost binding on the President. Once again with 44rth amendment Act of 1976 Article-74 was further amended .

So common man need to understand how serious and considerate the framers of constitution were who had kept the President at a very high pedestal but the elected governments that followed did not hold the spirit that firmly and surely today there is need to review the constitution as regards the 42nd and 44th Constitution amendments. Not only that going by the experiences over the last seven decades and now in the times when we are celebrating Swatantrata (Azadi) ka Mahotsav there is need for creating a constitutional provision delegating to President an authority to on her/ his own decide and appoint a group of advisors for assisting him/ her on matters related to constitutional / political/ social / economic affairs during the tenure..

Art- 56 (1b) also lays down that the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61. Other very meaningful feel and understanding about the ‘honour’ enshrined in the position / person of President could be read from the contents of Art Art-61 of COI ( Procedure for impeachment of the President) a common India , particularly the members of the electoral college to know and understand and ofcourse the presidential candidate too since a president once elected cannot be impeached even by the Parliament that easily Because -(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. The procedure laid for impeachment is very ultimate when one looks at the procedure for removal of a Vice President ( While there is provision for impeachment of President but as regards Vice president there is provision for removal of Vice President under Art-67 of Constitution of India where Art-67(b) says a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. There is no provision for providing an opportunity to Vice President for representing his/her self as is there in favour of President of India) as well as a Judge of Supreme Court ( Art-124(4) which says A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity)
It is also provided in Art-65 that 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 to fill such vacancy; 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; 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. But there is no provision for a Vice President to get promoted as President on regular basis in case the office of president is vacant, there has to be a regular election for that.
To be continued

(The author is Sr Journalist, social activist and analyst J&K affairs [email protected]).