Legal Question in Constitutional Law in India
Election of the president of india
Is it possible an illetrate can become a President of India,and my friend told me only a person who knows either Hindi or English will become Prime minister,Is his argument is correct or not.
2 Answers from Attorneys
Re: Election of the president of india
Literacy is not a precondition for any Polictical Post in India. Any body whether literate or illetarate can be elected to any post, there is also no discreminiation based on cast, color, sex, creed or religion. Only Condition is person should be Indian National.
Re: Election of the president of india
By Article 58 of the Constitution of India, it is provided that to be qualified for election as President of India, a person must be:
1)a citizen of India;
2)at least 35 years old; and
3)qualified for election to the Lok Sabha.
He must also not hold an office of profit under the Government of India, State Government, or any authority under the control of the Government of India or State Government.
To be qualified for election to the Lok Sabha, a person must be:
1)a ciizen of India;
2)at least 25 years old;
3)possess such other qualifications as required by law ( such as being registered as a voter in any constituency);
4)not disqualified from being a member under Chapter III of the Representation of the People Act, 1951.
THERE IS NO REQUIREMENT THAT A CANDIDATE FOR EITHER PARLIAMENT OR PRESIDENT OF INDIA MUST BE LITERATE.Thus,it is possible, although extremely unlikely,that an illiterate person can become President of India.
To answer your second question, there is no requirement that only a person who knows Hindi or English can become Prime Minister. The fact is, that all our Prime Ministers so far have known both.
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