Salary, Emoluments, and Impeachment of the President of India

The President of India is the constitutional head of the Republic of India and occupies the highest office in the country’s democratic framework. As the executive head of the Union, the President derives authority from Articles 52 to 62 of the Indian Constitution. Along with extensive powers and responsibilities, the office carries specific provisions concerning salary, allowances, privileges, and impeachment procedures to ensure the dignity, independence, and accountability of the President.

Salary and Emoluments of the President

The salary and emoluments of the President are determined by Parliament and are charged on the Consolidated Fund of India, ensuring financial independence from the executive. These provisions are contained primarily in Article 59 and the Second Schedule of the Constitution.

1. Salary

• As per the latest revision, the President of India receives a monthly salary of ₹5,00,000.
• The salary is exempt from income tax under Section 10(1) of the Income Tax Act, 1961.
• The amount can be altered by Parliament, but such alteration cannot take effect during the President’s term of office to preserve the integrity of the office.

2. Allowances and Privileges

In addition to the salary, the President is entitled to several allowances and official privileges, ensuring the dignity and smooth functioning of the office. These include:

• Official Residence: The President resides in the Rashtrapati Bhavan in New Delhi, which is maintained at state expense.
• Allowances: The President receives additional allowances to cover travel, hospitality, and communication expenses.
• Staff and Establishment: The President’s office and staff are maintained by the Union Government.
• Medical and Travel Facilities: Free medical care, travel arrangements, and personal security are provided.
• Pension: After retirement, the President is entitled to a pension equal to 50% of the emoluments payable during his or her term of office.

3. Oath of Office

Before entering office, the President takes an oath or affirmation under Article 60 before the Chief Justice of India (or in his absence, the senior-most judge of the Supreme Court). The oath emphasises faithfulness to the Constitution and devotion to the service and well-being of the people of India.

4. Term and Conditions of Office

• Term: The President holds office for a period of five years but is eligible for re-election.
• Resignation: The President may resign by writing to the Vice-President of India.
• Vacancy: In case of death, resignation, removal, or otherwise, the Vice-President acts as President until a new President is elected.

5. Restrictions on Holding Office

According to Article 59(1) of the Constitution, the President shall not:

• Hold any other office of profit.
• Be a member of either House of Parliament or a State Legislature.If a person elected as President is already a member of Parliament or a State Legislature, their seat is deemed vacant from the day they assume the presidency.

Emoluments and Financial Independence

The financial independence of the President is essential to maintain neutrality and integrity. Hence:

• The salary and allowances are charged on the Consolidated Fund of India and not subject to parliamentary vote.
• This ensures that the functioning of the President’s office cannot be influenced by financial pressures or political motives.

Immunities and Privileges

To safeguard the independence and dignity of the President’s office, certain immunities are conferred under Article 361:

1. Personal Immunity from Legal Proceedings:
   • The President is not answerable to any court for the exercise of his or her powers and duties.
   • No criminal proceedings can be initiated or continued against the President during their term of office.
   • Civil proceedings can be initiated only after giving two months’ written notice specifying the nature of the action.
2. Protection of Office:
   • No process for arrest or imprisonment can be issued against the President during their term.
   • These safeguards ensure that the President can perform constitutional duties without obstruction or undue influence.

Impeachment of the President of India

The President of India can be removed from office only through the process of impeachment, as laid down in Article 61 of the Constitution. This is the only constitutional method for removing a sitting President and is intended to maintain the sanctity of the highest office.

Grounds for Impeachment

• The President can be impeached only for “violation of the Constitution.”
• The Constitution does not explicitly define what constitutes a “violation,” leaving it to Parliament’s interpretation during the impeachment process.

Authority for Impeachment

• The power to impeach the President lies exclusively with Parliament.
• Both the Lok Sabha and the Rajya Sabha participate in the process, making it a quasi-judicial proceeding.

Procedure of Impeachment

The procedure for impeachment is detailed and rigorous, ensuring that the process cannot be used for partisan or frivolous purposes. It involves several steps:

1. Initiation of Charges:
   • The process begins with a notice of intention to move an impeachment resolution, signed by at least one-fourth of the total members of either House of Parliament.
   • The notice must be submitted to the Speaker (for Lok Sabha) or the Chairman (for Rajya Sabha).
2. Fourteen-Day Notice:
   • The notice must be served to the President at least 14 days before the resolution is moved.
3. Adoption of the Resolution:
   • The resolution to prefer charges against the President must be passed by a two-thirds majority of the total membership of the initiating House.
4. Investigation by the Other House:
   • After the first House adopts the resolution, the other House investigates the charges.
   • The President has the right to appear and be represented during this investigation.
5. Final Vote:
   • If, after investigation, the second House also passes the resolution by a two-thirds majority of its total membership, the President stands removed from office as of that date.

This two-stage process ensures fairness, bipartisan consensus, and protection of constitutional propriety.

Historical Context

• Since the adoption of the Constitution, no President of India has ever been impeached.
• Although certain Presidents have faced political controversies, none have been accused of constitutional violation severe enough to warrant impeachment.
• This reflects both the stability of the office and the restraint exercised by Parliament in preserving the dignity of the presidency.

Comparison with Other Constitutional Provisions

The process of impeachment is more stringent than the removal procedures for other constitutional functionaries:

• Judges of the Supreme Court and High Courts can be removed for “proved misbehaviour or incapacity.”
• Election Commissioners and the Comptroller and Auditor General of India can be removed in a similar manner to judges.However, the President’s impeachment requires proof of violation of the Constitution, a broader and more political criterion, reflecting the President’s unique constitutional position.

Significance

The constitutional provisions on salary, privileges, and impeachment of the President underscore several principles:

• Dignity and Autonomy: The fixed salary and privileges uphold the dignity of the highest constitutional office.
• Accountability: The impeachment mechanism ensures that the President remains accountable to the Constitution and Parliament.
• Checks and Balances: The involvement of both Houses of Parliament ensures that the process cannot be dominated by one political faction.
• Continuity of Governance: Even during an impeachment process, the functioning of the executive remains uninterrupted, safeguarding political stability.