In this article, we will discuss President of India (Part-2). So, let’s get started.
Qualifications Oath and Conditions
Qualifications for Election as President
A person to Be eligible for election as President should fulfil the following qualifications:
He should be a citizen of India.
He should have completed 35 years of age.
He should be qualified for election as a member of the Lok Sabha.
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.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.
Further, 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 ₹15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. Before 1997, number of proposers and seconders was ten each and the amount of security deposit was ₹2,500. In 1997, they were increased to discourage the non-serious candidates.
Oath or Affirmation by the President
Before entering upon his office, the President has to make and subscribe to an oath or affirmation. In his oath, the President swears:
to faithfully execute the office;
to preserve, protect and defend the Constitution and the law; and
to devote himself to the service and well-being of the people of India.
The oath of office to the President is administered by the Chief Justice of India and in his absence, the seniormost judge of the Supreme Court available.
Any other person acting as President or discharging the functions of the President also
undertakes the similar oath or aftirmation.
Conditions of President’s Office
The Constitution lays down the following conditions of the President’s office:
He should not be a member ot either House of Parliament or a House of the state legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
He should not hold any other office of profit.
He is entitled, without payment of rent, to the use of his official residence (the Rastrapathi Bhavan).
He is entitled to such emoluments, allowances and privileges as may be determined by Parliament.
His emoluments and allowances cannot be diminished during his term of office.
In 2018, the Parliament increased the salary of the President from ₹1.50 lakh to ₹5 lakh per month”. Earlier in 2008, the pension of the retired President was increased from ₹3 lakh per annum to 50% of his salary per month”. In addition, the former Presidents are entitled to furnished residence, phone facilities, car, medical treatment, travel facility, secretarial staff and
office expenses upto 1,00,000 per annum. The spouse of a deceased President is also entitled to a family pension at the rate of 50% of pension of a retired President, furnished residence, phone facility, car, medical treatment, travel facility, secretarial staff and office expenses upto ₹20,000 per annum.
The President is entitled to a number of privileges and immunities, He enjoys personal immunity from legal liability for his official acts. 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. However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.
