Article 58 of the Indian Constitution

The President of India is both the head of state and the supreme commander of the Armed Forces. Qualifications for becoming the President of India are outlined in the Indian Constitution; so, whomever fulfils these requirements can file nomination for the presidential election.

Qualification for Presidential Election

The prerequisites for holding the position of President in India (as per Article 58) are −

• Citizen of India − The President of India must be an Indian citizen.

• The candidate must be 35 years of age or older.

• The candidate must be qualified for election as a member of the Lok Sabha, the lower house of the Indian Parliament.

• Not holding a profit-making position − The candidate must not hold a profit-making position with the government of India or any state.

Vice-President (Dr S Radhakrishnan, Dr Zakir Hussain, V V Giri, R Venkatraman, Shankar Daya Sharma, and K R Narayanan were all Vice Presidents who succeeded as Presidents) Governors (Ramnath Kovind had to resign as governor of Bihar when he filled nomination for the presidential election; similarly, current president Smt, Droupadi Murmu also resigned as governor of Jharkhand), Union or state ministers all need to resign before filing the nomination for the presidential election.

Debate of Constituent Assembly on Qualification of President in India

On 27 December 1948 and 13 October 1949, the Constituent Assembly debated Draft Article 47 (Article 58, Constitution of India, 1950). The Draft Article specifies the requirements necessary for an individual to be elected President of India. A member wished to ensure that a Minister who wished to run for President must resign from his or her current ministerial or any such position (office of profit). This, he reasoned, would prevent the Minister's office and personnel from being used for presidential campaigning.

The Chairman of the Drafting Committee emphasized that this revision would "cause total administrative turmoil." All administrative tasks would cease if ministers resigned. This responsibility cannot be delegated to bureaucrats or interim ministers. He added that the Election Commission, a constitutional agency, will guarantee fair elections and prevent any minister from exerting improper influence. By this reason only the oath is given which is administered by the Chief Justice of India as −

I, (name), do swear in the name of God (or solemnly affirm) that I will faithfully execute the office of President (or discharge the functions of the President) of the Republic 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 the Republic of India.

Comparative Analysis with Canada and USA

In all three countries namely India, Canada, and the United States, the President must be a citizen of the country. In Canada, the Governor General (the counterpart of the President) must be a Canadian citizen, although in the United States, the President must be a "natural-born citizen." The President of India must be a citizen of India.

• In the United States, the President must be at least 35 years old, whereas in Canada, the Governor General must be the same age. The President of India must be at least 35 years old.

• In the United States, the President must have lived in the country for at least 14 years, although there is no residency requirement for the Governor General in Canada. There is no residency requirement for the President of India.

• Eligibility to hold public office: In the United States, the President must not have held any federal or state office in recent years, whereas in Canada, the Governor General must not have held any position of emolument under the sovereign. In India, the President may not take any lucrative position with the central or state governments.

• In the United States, the President is elected by the Electoral College, whereas in Canada, the Governor General is appointed by the Queen based on the advice of the Prime Minister. In India, the President is chosen by an Electoral College comprised of elected members of both houses of Parliament and Legislative Assemblies of the States.

Moreover, while there are some similarities between the "qualifications of the President" in India, Canada, and the United States, there are also substantial disparities in terms of citizenship, age, domicile, ability to hold public office, and the election process.

Conclusion

The Constitution of India and the Presidential and Vice-Presidential Elections Act of 1952 define the "qualifications of the President" in India. The President of India must be a citizen of India, at least 35 years old, and cannot hold an office of profit in the central or state governments of India.

An Electoral College composed of elected members of both houses of Parliament and elected members of the Legislative Assemblies of the States elects the President.

The President is chosen for a five-year term and is eligible for re-election. The President may be removed from office for violating the Constitution through a procedure known as impeachment, which requires the approval of two-thirds of both houses of Parliament. These are the most important characteristics of the "qualifications of the President" in India.

Frequently Asked Questions (FAQ)

Q1. What citizenship requirements does the President of India need to meet?

Ans. The President of India must be an Indian national.

Q2. What is the minimum age requirement for India's president?

Ans. The President of India must be 35 years old or older

Q3. Does the President of India have to reside in India?

Ans. However, the President of India resides in the Rashtrapati Bhavan, which is located in New Delhi. This is president’s house and as per the convention, she/he needs to reside there during her/his tenure.

Q4. How is the Indian President elected?

Ans. The President of India is chosen by an Electoral College comprised of elected members of both houses of Parliament and elected members of the Legislative Assemblies of the States.

Q5. Can the President of India be removed from office?

Ans. In the event of a violation of the Constitution, the President of India can be impeached and removed from office. However, initiating the impeachment process is extremely difficult and requires a two-thirds majority in both houses of Congress.

Q6. How long does the President of India end up serving?

Ans. The President of India maintains office for a five-year term and is eligible for re-election.