Thursday, July 24, 2014

Election/Re-Election & Conditions of President's Office

Qualifications for election as President

Article 58 lays down the qualifications which a person must possess for being elected to the Office of the President of India.

(a) he must be citizen of India;
(b) he must have completed the age of 35 years;
(c) he must be qualified for election as a Member of the House of the People;
(d) he must not hold 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.

But the following persons shall not be deemed to hold any office of profit and hence qualified for being a candidate for Presidential election. 

They are 

(a) The President and Vice-President; 
(b) The Governor of any State; 
(c) The Minister of the Union or of any State.

Further, the nomination of candidate for election to the office of President must be subscribed by at least 50 electors as proposes and 50 electors’ as seconders. Every candidate has to make a security deposit of Rs 15,000 in the RBI, which is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.

Eligibility for re-election

A person who holds, or who has held office as President, shall be eligible for re-election as President.

Conditions of 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, 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 offices as President;

(2) The President shall not hold any other office or profit;

(3) He is entitled without payment of rent to the use of his official residence;

He is also entitled to such emoluments and allowances and privileges as may be determined by Parliament by law. In 2008, Parliament by law has enhanced the monthly pay of the President from Rs. 50,000 to Rs. 1,50,000 and

(4) The emoluments and allowances of the President cannot be diminished during his
Term of office. After retirement, the President is entitled for a pension of Rs. 9,00,000 per annum.

The President is entitled to a number of privileges and immunities. He enjoys personal immunity from legal liability for his official acts. He is immune from any criminal proceedings during his term of offices. He cannot be arrested or imprisoned. However, civil proceedings can be instituted against him during his term of office in respect of his personal acts, after giving two months notice.

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