What are qualifications for being a President?
Q. Which of the following is/are true regarding qualifications for election as President?
1) Nomination of a candidate for election to the office of President must be subscribed by at least 50 electors.
2) A minister of the Union is not said to occupy office of profit.
3) Candidate should have completed 35 years of age.
4) He should be Indian by birth only and not naturalization.- Published on 28 Feb 17a. 1, 2, 4
b. 1, 2, 3
c. 3, 4
d. All of the above
ANSWER: 1, 2, 3
Qualifications for being eligible for election as President - To be eligible :
(a) He should be a citizen of India. (In India both a citizen by birth or citizen by naturalization are eligible for office of the President)
(b) He should have completed 35 years of age.
(c) He should be qualified for election as a member of the Lok Sabha.
(d) He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
(e) A sitting President or Vice-President of the Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate.
- The nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders.
- Every candidate has to make a security deposit of Rs. 15,000 in the Reserve Bank of India.
- The security deposit would be forfeited in case the candidate fails to secure 1/6th of the votes polled.
- Before 1997, number of proposers and seconders was ten each and the amount of security deposit was Rs. 2,500.
- In 1997, they were increased so as to discourage the non-serious candidates.
Oath or Affirmation by the President -
- The oath of office to the President is administered by the Chief Justice of India and in his absence, the senior- most judge of the Supreme Court (who is available).
- Any other person acting as President or discharging the functions of the President also undertakes the similar oath or affirmation.
Conditions of President’s Office -
The Constitution lays down the conditions of the President’s office -
1. The President shall not be a member of either House of Parliament or of a House of the Legislature of any State.
2. If such 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.
3. The President shall not hold any other office of profit.
4. The President shall be entitled without payment of rent to the use of his official residence (Rashtrapati Bhavan)
5. He shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and such emoluments, allowances and privileges as are specified in the Second Schedule.
6. The emoluments and allowances of the President shall not be diminished during his term of office.
- The President enjoys personal immunity from legal liability for his official acts.
- During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts.
- He cannot be arrested or imprisoned.
- But, civil proceedings can be instituted after giving two months’ notice, against him during his term of office for his personal acts.
