Qualifications, Oath and Conditions

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Qualifications, Oath and Conditions

Qualifications for Election as President

Article 58 of the Indian Constitution says that the presidential candidate must:

  1. Be a citizen of India.
  2. Have completed the age of thirty-five years.
  3. Be qualified for elections as a member of the Lok Sabha.
  4. Not hold any office of profit under the Union or any State government, or any local or other authority.
  5. A person shall not be eligible for election as President if he holds 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.
  6. Certain office-holders, however, are permitted to stand as Presidential candidates. These are:
  7. The current Vice President.
  8. The Governor of any State.
  9. A Minister of the Union or of any State

 

In the event that the Vice-President, a State Governor or a Minister is elected President, they are considered to have vacated their previous office on the date they begin serving as President.

Under The Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for his name to appear on ballot.

Oath of President

An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations.

Such oaths are often required by the laws of the State, religious body, or other organization before the person may actually exercise the powers of the office or any religious body.

The oath of office for the President of India is as follows:

 

“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 Republic of India.”

 

As the President of India is the dignified and the most respectful and prestigious figure of the country, it is important that there should be a very authentic and dignified procedure and manner in the way he sworn in the office. The affirmation that a person takes while joining the office surrendering himself to the country with all his disciplines and loyalties to serve the country in fair manner is termed as oath, which is necessary in our Constitution depicting that the person is submitting, sacrificing and surrendering himself to the nation and his people.

India became formally independent from the United Kingdom on 15 August, 1947 and the country became a Commonwealth dominion. This was a temporary measure, however, as the continued existence of a shared monarch in the Indian political system was not considered by some appropriate for a truly sovereign nation.

The first Governor General of India, Lord Mountbatten, was also the last British Viceroy of India before independence. When the Constitution took effect, the Governor General and King were replaced by an elected President, with Rajendra Prasad serving as the first President of India.

Conditions of President’s Office

The conditions of President’s office are-

  1. The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if 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.
  2. The President shall not hold any other office of profit.
  3. The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
  4. The emoluments and allowances of the President shall not be diminished during his term of office.

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