CONDITIONS OF PRESIDENT'S OFFICE

1. The President shall not be a member of either House of Parliament or 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;

The President is entitled to a number of privileges and immunities. He enjoys personal immunity from legal liability for his official acts. He is immune from any criminal proceedings during his term of office. He cannot be arrested or imprisoned. However, civil proceedings can not instituted against him during his term of office in respect of his personal acts, after giving two months notice.

Oath by the President

Article 56 says that the president shall hold office for a term of 5 year from the date on which he enters upon his office. Even after the expiry of his term , he shall continue in office until his successor enters upon his office. He is also eligible for re-election. The President may, however, resign his office before the expiry of his normal term of five years by writing to the Vice-President. Further, he may be removed his office for violation of the constitution by the process of impeachment.

Impeachment of the President

According to Article 61, the President of India can be removed from his office before the expiry of his term by the process of impeachment. He can be impeached only for 'violation for the Constitution'. However the Constitution does not define meaning of the phrase 'violation of the Constitution'. The power of impeachment of the president is vested in the Parliament. It is quasi-judicial procedure. The impeachment procedure against the President for the violation of the Constitution can be initiated in either House of the Parliament. The charge must come in the form of a proposal contained in a resolution which must be signed by at least one-fourth of the total membership of the House. Before that House passes the resolution containing the charge, a 14 days' notice must be given to the president. Such a resolution must passed by majority of not less then two-third of the total membership of the House. Then the other House of  Parliament- called the investigating House- investigating the charge by itself or causes the charge to be investigated. The President has the right to appear and to be represented at such investigation to defend himself. If as a result of the investigation , the other House also passes a resolution supported by not less than two-thirds of  the total membership of the House, declaring that the charge preferred against the President has been sustained, the President stands removed from his office from the date on which the investigation House passed the resolution. The process of impeaching the President is deficient on the following counts:

1. The term 'violation of the Constitution' is a very vague term and has not been defined anywhere in the Constitution.
2. The members of the Legislative Assemblies of the states have no role to play in the impeachment proceedings, while they elect the President.
3. The nominated members of Parliament have the right to deliberate and vote when the resolution of impeachment is under consideration while they have no vote in the election of the President.
4. The procedure and the authority to investigate the charges against the President have not been specified nor has any definite time period been specified.

Vacancy in the President's Office

Vacancy in the office of President can not be created due to any of the following conditions:

1. Expiry of the term, or

2. death, or

3. resignation, or

4. impeachment of the President, or

5. Other, such as when election of the President is declared void by the Supreme court or he becomes disqualified to hold the office anymore.

The election to the office of President has to be issued by the Election Commission on or after the 60^th day day before the expiry of office of the outgoing President. The election schedule shall be so fixed, that the President-elect is able to enter upon his office on the day following the expiry of the term of the outgoing President. If the office of the President falls vacant de to death, resignation or removal of the President, then the Vice-President or in his absence, chief justice of supreme court of India or in his absence, senior most judge of the supreme court becomes the President until fresh elections are held for the post and new incumbent assumes office.

Under the Constitution, such election has to take place within 6 months of the occurrence of the vacancy. Likewise, f the President is not able to discharge his duties due to sickness or absence due to any other reasons, the Vice-President discharges the functions of the President. When any person i.e. Vice-President, chief justice of supreme court of India or in his absence, senior most judge of the supreme court are discharging the duties of the President, he enjoy all the power and immunities as well as salary, allowances and privileges which are available to the President under the constitution.