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Article 58 of the Indian Constitution: Qualifications for election as President

Part: V
Shorthand Notes: President Quals: Citizen, 35, Lok Sabha Quals, No Office of Profit

Article 58 of the Indian Constitution is a crucial provision that outlines the eligibility criteria for individuals aspiring to hold the highest office in the Republic of India - the President. It ensures that the Head of State meets certain fundamental requirements considered essential for the dignity, responsibility, and effective functioning of the presidential office. Understanding these qualifications is vital for grasping the foundational principles of the Indian executive.

This article sets forth a clear set of conditions that a candidate must fulfill to be considered for election as President, covering aspects like nationality, age, legislative eligibility, and freedom from conflicting financial interests in the government.

Original Text

(1) No person shall be eligible for election as President unless he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People.

(2) A person shall not be eligible for election as President if he holds any office of profit under the Union or any State or under any local or other authority subject to the control of any of the said Governments.

(3) For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

Detailed Explanation

Article 58 specifies the essential qualifications that a person must possess to be eligible to contest the election for the office of the President of India. These requirements are designed to ensure that the head of state is a person who is inherently linked to the nation, possesses sufficient maturity and experience, is capable of being elected to represent the people, and is free from potential conflicts of interest stemming from governmental employment.

Clause (1) lays down the primary qualifications:

  • (a) Citizenship: The candidate must be a citizen of India. Unlike some other countries where citizenship by birth is mandatory for the highest office, the Indian Constitution simply requires the person to be a citizen of India, regardless of how citizenship was acquired (by birth, descent, registration, naturalisation, etc.).
  • (b) Age: The candidate must have completed the age of thirty-five years. This age requirement is stipulated to ensure that the person holding the office has attained a certain level of maturity and experience deemed necessary for the weighty responsibilities of the President.
  • (c) Qualification for election as a member of the House of the People: The candidate must be qualified for election as a member of the Lok Sabha (House of the People). This does not mean the person must be a sitting member of the Lok Sabha, but rather that they must meet all the criteria required to be elected as a Lok Sabha MP, such as not being of unsound mind, not being an undischarged insolvent, not holding an office of profit (as defined separately), and not being disqualified by or under any law made by Parliament (e.g., under the Representation of the People Act, 1951). This links the qualifications for the highest office to the qualifications for direct representation of the people.

Clause (2) introduces a disqualification based on holding an ‘office of profit’. A person is ineligible for election as President if they hold any office of profit under the Union government, a State government, or any local or other authority subject to the control of these governments. The concept of ‘office of profit’ is not precisely defined in the Constitution but has been interpreted by courts based on various factors, such as whether the government has the power to appoint or remove the holder, pays remuneration, or exercises control over the duties. The purpose of this disqualification is to maintain the independence and impartiality of the President’s office and prevent potential conflicts of interest that could arise if the head of state is simultaneously holding a remunerative position under the executive they are meant to oversee.

Clause (3) provides specific exceptions to the ‘office of profit’ rule for the purpose of Article 58. It explicitly states that holding certain high constitutional offices does not disqualify a person from contesting the Presidential election. These offices are:

  • President of the Union (relevant if seeking re-election).
  • Vice-President of the Union.
  • Governor of any State.
  • Minister for the Union or for any State. This exemption is crucial as it allows experienced individuals holding significant governmental or constitutional positions to contest the Presidential election without first having to resign their current office, recognising the distinct nature of these roles.

Detailed Notes

  • Article 58 specifies the qualifications for a person to be eligible for election as the President of India.
  • Key Qualifications (Clause 1):
    • Must be a citizen of India. (Citizenship by birth, descent, registration, or naturalisation are all acceptable).
    • Must have completed the age of thirty-five years.
    • Must be qualified for election as a member of the House of the People (Lok Sabha). (This includes meeting criteria like not being of unsound mind, not being an undischarged insolvent, not being disqualified under any law made by Parliament, etc., and importantly, not holding an office of profit unless exempted).
  • Disqualification (Clause 2):
    • A person is ineligible if they hold any ‘office of profit’ under:
      • The Government of India (Union).
      • The Government of any State.
      • Any local or other authority subject to the control of the Union or State Governments.
  • Exceptions to ‘Office of Profit’ Disqualification (Clause 3):
    • Holding the following offices is not considered holding an ‘office of profit’ for the purpose of this article:
      • President of the Union.
      • Vice-President of the Union.
      • Governor of any State.
      • Minister for the Union or for any State.
  • The aim of Article 58 is to ensure the President is an Indian citizen, mature, capable of being elected to the legislature, and free from conflicts of interest arising from holding governmental office (with specified exceptions).

Additional Comments

  • The requirement to be qualified for election as a member of the Lok Sabha implies that all disqualifications applicable to a Lok Sabha MP under Article 102 of the Constitution (except, of course, those related to age or citizenship which are separately mentioned) also apply to a Presidential candidate.
  • The concept of ‘office of profit’ has been a subject of judicial interpretation, with the Supreme Court laying down various tests to determine if a particular post constitutes an ‘office of profit’ under the government.
  • The explicit exceptions in Clause (3) ensure that experienced politicians currently serving in key positions are not barred from contesting the Presidential election, ensuring a potentially strong pool of candidates.
  • Disputes regarding the election of the President are decided exclusively by the Supreme Court of India (Article 71).

Summary

Eligibility for election as President requires a candidate to be a citizen of India who has reached the age of thirty-five years and is qualified to be elected as a member of the Lok Sabha. A person holding an office of profit under the Union or a State government or other controlled authorities is ineligible, with explicit exceptions provided for the offices of President, Vice-President, Governor, and Minister. These qualifications collectively aim to ensure the dignity, experience, and independence of the holder of the highest constitutional office.
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