Post, Appointment and Resignation of Constitutional Offices
| Post | Appointed by | Resignation | Tenure | Article | Note |
| President of India | proportional representation | To Vice president | 5 years | 52-62 | The charges for impeachment should be signed by 1/4 members of the house in which the process begins and a notice of 14 days should be given to the President. The impeachment bill has to be passed by majority of not less than two-thirds of the total membership of the House {special majority}. One passed in that house, the bill reaches to another house, which shall investigate the charges. President has right to appear and be represented in case of such investigations. If other house also sustains those charges, then it would again need to pass the bill by special majority and thus president stands removed from the office on which the bill is passed in other house. Since it is a bill for removal of president himself, no presidential assent is needed here. It worth note here that the nominated members of Lok Sabha and Rajya Sabha don’t participate in election but participate in impeachment of president.The elected members of legislative assemblies of the states though participate in election of the President, but have no role to play in his impeachment.The nominated members of state assemblies and elected as well as nominated members of legislative councils of the bicameral houses in states participate in neither election nor impeachment of president. No president of India has been impeached so far. in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation |
| Vice-President | proportional representation | to the President | 5 years | 63-73 | The term may also terminate earlier by removal. The Vice President can be removed by a resolution by the members of the Rajya Sabha. To move such resolution, a 14 days’ notice is to be given. Such a resolution, though passed by the Rajya Sabha only, but must be agreeable to the Lok Sabha. There is no need of impeachment of Vice President for removal. Oath In the absence/ unavailability of president, Cheif Justice of India |
| Attorney-General | President | Constitution does not contain the procedure and grounds for his removal He holds office during the pleasure of the president. This means that he may be removed by the president at any time | term which is decided by President | 76 | appointed as a Judge of the Supreme Court Minimum five years service as a Judge of a High Court or 10 years an advocate of a High CourtA distinguished jurist in the opinion of the president. also allowed to take up private practice |
| Chief Justice of India | The judges of the Supreme Court are appointed by the president. The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary | A judge of the Supreme Court can be removed from his Office by an order of the president. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.5 The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehavior or incapacity | no fixed the tenure Until he attains the age of 65 years. | 124-147 | (a) He should have been a judge of a High Court (or high courts in succession) for five years; or (b) He should have been an advocate ofa High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president. Oath by president |
| Comptroller and Auditor-General of India | appointed by the President by warrant under his hand and seal | removed from office in like manner and on the like grounds as a Judge of the Supreme Court | 6 years or till 65 years of age whichever is earlier. | 148-151 | the President, or some person appointed in that behalf by him, an oath or affirmation salary and other services are determined by the parliament he is not eligible for the further office , either under the state and center |
| Governor of States | Appointed by the President by warrant under his hand and seal. | by writing under his hand addressed to the President, resign his office. | 5 years | 152-162 | shall not be a member of either House of Parliament or of a House of the Legislature of any State the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation |
| Advocate-General | The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State | Governor | no fixed tenure | 165-167 | Oath to Governor Advocate General is under pleasure tenure of Governor.There is no salary for Advocate General, but only remuneration.Remuneration of Advocate General is fixed by the Governor, and not Legislative Assembly. |
| Election Commission of India | President appoints Chief Election Commissioner and Election Commissioners. | can be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament. | six years, or up to the age of 65 years, whichever is earlier. | 324 to 329 |
