Qualifications of Executives and legislatives in Indian Polity

In this article, we will know about the qualifications of executives, legislatives and judiciary in indian polity.

Qualifications of Executives and Legislatives in IndiaPresident of India

A. President

B. Vice President

C. Members of Parliament

D. Prime Ministers

E. Central Council of Ministers

F. Supreme Court

G. Governor

H. Members of State Legislature

I. Chief Minister

J. State Council of Ministers

K. High Court

L. Subordinate Courts

A. President of India

1. The President should be a citizen of India.
2. He must be of minimum 35 years.
3. The President must be qualified to be a member of Lok Sabha.
4. He should not hold any office of profit.

B. Vice – President of India

1. The Vice President should be a citizen of India.
2. He should be of minimum 35 years.
3. The Vice President must be qualified to be a member of Rajya Sabha.
4. He should not hold any office of profit.

C. Members Of Parliament- Lok Sabha and Rajya Sabha

1. The Member should be a citizen of India.
2. He has to take oath / Affirmation.
3. Member should be of minimum 35 years for Rajya Sabha and 25 years for Lok Sabha.
4. He should have other qualifications as decided by the parliament. In this respect, Parliament introduced “Representation of People’s Act, 1951” which mentions some qualifications. They are as follows:
   • He Should be a registered elector in Parliamentary Constituency.
   • He must be a member of SC/ ST community in any state or UT if he wants to contest from a reserved seat for that particular community.

D. Prime Minister

Generally, the party in majority or the majority coalition elects their leader. However,Any person can be appointed by President if he wants but he will have to become a member of any house within 6 months from his appointment. (Clarified by Supreme Court in 1997).

E. Central Council of Ministers

The ministers are appointed by president on the advice of Prime Ministers. It means that the president can not choose any one from his choice.

Any person suggested by Prime Minister can be appointed by President. However, in this case, the minister has to become a member of either house of parliament within 6 months of his appointment.

F. Supreme Court

The Chief Justice of India is appointed by the president on the advice of Judges of Supreme Court. Judges of High Courts can also be consulted if it seems necessary.

The President appoints the Judges of Supreme Court on the advice of Chief Justice of India (CJI). After many cases and discussions, Supreme Court has established that the appointment of Judges is made after consulting multiple judges. The decision of majority is, however, binding on the president.

The Constitution mentions following qualifications for the Judges of Supreme Court:

1. The Judge should be a citizen of India.
2. He has to qualify any the following:
   • He must be a judge in one or more high courts (in succession) for atleast 5 years. OR
   • He must be a advocate in one or more high courts (in succession) for atleast 10 years. OR
   • He should be a distinguished Jurist in the Opinion of President.