A person is eligible to be a member of Lok Sabha but he is not eligible to contest for the post of President. What could be the reason?
A. The person may be in government service
B. The person may have dual citizenship
C. The person may have the age between 25-35 years
D. The person may not have enrolled in electoral list in any constituency
Answer
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Hint: The President is indirectly elected through an electoral college while the member of the Lok Sabha is composed of representatives of the people chosen by direct election on the basis of adult suffrage.
Complete Answer: Indian Constitution has adopted the Westminster model of government where the head of the state is the President who is the nominal executive and the head of the government is the Prime Minister. The President is the nominal executive exercises only ceremonial powers and functions. Article 58 of the Constitution put forwards the qualification necessary to become the President of India. It states that a person should be a citizen of India and should have completed 35 years of age. He should further be qualified for election as a member of the Lok Sabha and should not hold any office of profit under the government of India or any state government.
In addition, a sitting President or Vice-President of the Union or the Governor of any state and a minister of the Union or of any state is not deemed to hold any office of profit and thus is qualified as a presidential candidate.
Now let us examine the options:
Option A - According to the qualifications mentioned in article 58 of the Indian Constitution a person such as the sitting President or Vice-President of the Union or the Governor of any state and a minister of the Union or of any state is not deemed to hold any office of profit and thus is qualified as a presidential candidate.
Option B - There is no dual citizenship in India, so this option is invalid.
Option C - For contesting in a presidential election, a person should be a citizen of India and should have completed 35 years of age not less than that.
Option D - This option is invalid because the President is not required to enrol himself in a constituency as he is not directly elected by the people but through an electoral college.
Thus, the correct answer is option (C), as the required age for contesting in the presidential election is 35 years of age.
Note: The President is elected for a term of 5 years, and takes the oath of office in the presence of the Chief Justice of India. The President can be impeached for the ‘violation of the Constitution’
Complete Answer: Indian Constitution has adopted the Westminster model of government where the head of the state is the President who is the nominal executive and the head of the government is the Prime Minister. The President is the nominal executive exercises only ceremonial powers and functions. Article 58 of the Constitution put forwards the qualification necessary to become the President of India. It states that a person should be a citizen of India and should have completed 35 years of age. He should further be qualified for election as a member of the Lok Sabha and should not hold any office of profit under the government of India or any state government.
In addition, a sitting President or Vice-President of the Union or the Governor of any state and a minister of the Union or of any state is not deemed to hold any office of profit and thus is qualified as a presidential candidate.
Now let us examine the options:
Option A - According to the qualifications mentioned in article 58 of the Indian Constitution a person such as the sitting President or Vice-President of the Union or the Governor of any state and a minister of the Union or of any state is not deemed to hold any office of profit and thus is qualified as a presidential candidate.
Option B - There is no dual citizenship in India, so this option is invalid.
Option C - For contesting in a presidential election, a person should be a citizen of India and should have completed 35 years of age not less than that.
Option D - This option is invalid because the President is not required to enrol himself in a constituency as he is not directly elected by the people but through an electoral college.
Thus, the correct answer is option (C), as the required age for contesting in the presidential election is 35 years of age.
Note: The President is elected for a term of 5 years, and takes the oath of office in the presence of the Chief Justice of India. The President can be impeached for the ‘violation of the Constitution’
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