Saturday, April 10, 2010

Is Art58(1)(a) redundant?

"No person shall be eligible for election as President unless, he is a citizen of India." This is one of the QRs(Qualification Ratings) prescribed in Art58 of the Constitution of India. Since an identical entry appears in Art66 prescribing QRs for the Vice President, it can be concluded that this QR is essential for any elected post, be that of MP or MLA etc. Now the wordings of the clause make it apparent that this was intended to be a disabling provision. But then the precondition to be a citizen of India in India sounds ridiculous! Who else will be in India other than Indians, who are by virtue of their nationality citizen of India, unless they voluntarily obtain citizenship of a foreign state, and no longer a citizen of India (Art9). So is it only the bona-fide Indians disqualified by virtue of Art9, that the writers of the Constitution sought to disable and say a handful of tourists and foreigners, who have yet not deigned to obtain the citizenship of India? If so, it is really fantastic. No wonder the Election Commission promptly bars a grandson of former PM Choudhary Charan Singh from contesting in an Assembly election(on !4Apr2004), but says it has no comment to offer on the question of foreigners who have taken up citizenship of India, as it does not pertain to conduct of election or disqualification of the candidate! (TOI dated 05Aug2007)

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