Qualifications for Election as President

The President of India, who is both the head of state and the supreme commander of the Armed Forces, is an elected and highest post; therefore, it requires some specified qualification, as defined under the Indian Constitution.

Article 58 of the Indian Constitution

Qualifications for becoming the President of India are outlined in Article 58 of the Indian Constitution. The prerequisites for holding the position of President in India are −

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

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

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

Further, clause 2 of Article 58 states that he or she must not be holding any office of profit 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.

Few individuals are exempt from the requirement, but they must leave their positions if they are elected president. Exempted individuals include union or state ministers, Prime Minister and Chief Ministers −

• Vice-President (Dr S Radhakrishnan, Dr Zakir Hussain, 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 ran for President of India). The current president Smt. Droupadi Murmu also resigned from her earlier position as governor of Jharkhand before taking oath as the President of India.

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 resigned from his existing ministerial position prior to doing so. 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, the oath is given which is administered by the Chief Justice.

The Presidential and Vice Presidential Elections Act of 1952 stipulates

This act establishes the qualifications for the President and Vice President of India. The statute stipulates that an individual must be a citizen of India, at least 35 years old, and eligible to be elected as a Lok Sabha member.

These are some of the significant decisions regarding the "qualification of the President" in India that have influenced the country's political landscape.

Comparative analysis with Canada and USA

In all three nations, 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 within the previous ten 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.

• One of the major points that need to be noted here that among these three, Canada’s Governor General is the most distinct one in the sense that the governor general of Canada is the federal vice-regal representative of the Canadian monarch and currently, the monarch is King Charles III. The King Charles III of UK is head of state of Canada and 14 other Commonwealth realms.

Likewise, 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. According to this Act, the President of India must be a citizen of India, at least 35 years old, and cannot hold a lucrative position 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.

FAQs

Q1. What is the minimum age requirement for India's president?

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

Q2. Does the President of India have to reside in India?

Ans. There is no specific residency requirement for the Indian President.

Q3. What are the requirements for the President of India to be eligible for public office?

Ans. The President of India may not take a lucrative job in the central or state governments of India.

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 and UTs.

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 an absolute majority in both houses of the parliament.

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.