Vol. 13 · pages 156–160

(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 any office or position of emolu- ment under the Government of India or the Govern- ment of any State or under any local or other autho- rity subject to the control of any of the said Govern- ments. 5 10 Explanation,—For the purposes of this clause a person shall not be deemed to hold any office or posi- tion of emolument by reason only that— (a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or 15 (b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legis- lature of the State, or, where there are two Houses of the Legislature of the State, to the Lower House of the Legisla- ture, and if not less than three-fourths of the members of the Legislature or House, as the case may be, are elected. 20 25 Conditions of President’s office 48. (1) The President shall not be a member either of parliament or of the Legislature of any State, and if a member of Parliament or of the Legis- lature of any State be elected President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as President. 30 (2) The President shall not hold any other office or position of emolument. (3) The President shall have an official residence and there shall be paid to the President such emoluments and allowances as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments and allowances as are specified in the Second Schedule. 35 (4) The emoluments and allowances of the President shall not be diminished during his term of office. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 155 123THE DRAFT CONSTITUTION

Affirmation or oath by the President or person acting as, or discharging the functions of the, President before en- tering office. 49. Every President and every person acting as President or discharging the functions of the Presi- dent shall before entering upon his office make and subscribe in the presence of the Chief Justice of India an affirmation or oath in the following form, that is to say— 5 “I, A. B., do solemnly affirm (or swear) that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.” 10 Procedure for impeachment of the Presi- dent. 50. ( 1) When a President is to be impeached for violation of the Constitution, the charge shall be pre- ferred by either House of Parliament. 15 (2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is con- tained in a resolution which has been moved after a notice in writing signed by not less than thirty members of the House has been given of their intention to move the resolution, and 20 (b) such resolution has been supported, by not less than two-thirds of the total member- ship of the House. 25 (3) When a charge has been so preferred by either House of Parliament, the other House shall investi- gate 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. 30 (4) If as a result of the investigation a resolution is passed, supported by 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. 35 40 156 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 124 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Time of holding elec- tions to fill vacancies in the office of President and the term of office of persons elected to fill casual vacancies. 51. (1) An election to fill a vacancy caused by the expiration of the term of office 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 reason of his death, resigna- tion or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall be entitled to hold office for the full term of five years as provided in article 45 of this Constitution, 5 10 The Vice- President of India. 52. There shall be a Vice-President of India. The Vice- President to be ex-officio Chairman of the Council of States. 53. The Vice-President shall be ex-officio Chair- man of the Council of States and shall not hold any other office or position of emolument: 15 Provided that during any period when the Vice- President acts as President or discharges the func- tions of the President under article 54 of this Constitution, he shall not perform the duties of the office of Chairman of the Council of States. 20 The Vice- President to act as President or to discharge his functions during casual vacancies in the office, or the absence, of the Presi- dent. 54. (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. 25 (2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his func- tions until the date on which the President resumes his duties. 30 (3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of the, President, have all the powers and immunities of the President. 35 Election of Vice-Presi- dent 55. (1) The Vice-President shall be elected by the members of both Houses of Parliament assembled at a joint meeting in accordance with the system of THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 157 125THE DRAFT CONSTITUTION

proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. (2) The Vice-President shall not be a member either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legis- lature of any State be elected Vice-President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, on the date on which he enters upon his office as Vice-President. 5 10 (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 15 (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 holds any office or position of emolument 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. 20 Explanation.—For the purposes of this clause, a person shall not be deemed to hold any office or position of emolument by reason only that— 25 (a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or (b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or, where there are two Houses of the Legislature of the State, to the Lower House of such Legis- lature, and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected. 30 35 (5) An election to fill a vacancy caused by the expiration of the term of office of Vice-president shall be completed before the expiration of the term. 40 158 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 126 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(6) 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 such vacancy shall be entitled to hold office for the full term of five years as provided in article 56 of this Constitution. 5 Term of office of Vice-Presi- dent. 56. The Vice-President shall hold office for a term of five years from the date on which he enters upon his office: 10 Provided that— (a) a Vice-President may, by writing under his hand addressed to the President, resign his office; (b) a Vice-President may be removed from his office for incapacity or want of confidence by a resolution of the Council of States passed by a majority of all the then mem- bers 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; 15 20 (c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 25 Power of Parliament to provide for the discharge of the func- tions of the Presdient in any other contingency. 57. Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. 30 Matters relat- ing to or con- nected with the election of a President or Vice-Presi- dont. 58. (1) All doubts and disputes arising out of or 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. 35 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 159 127THE DRAFT CONSTITUTION