Article 59 of the Indian Constitution lays down the essential conditions that a person must fulfill while holding the office of the President of India. These conditions are crucial for ensuring the dignity, independence, and impartiality of the highest constitutional office in the country.
The article specifies restrictions on simultaneous membership in legislatures and holding other offices of profit, while also guaranteeing certain entitlements regarding residence, emoluments, and allowances, protecting them from arbitrary changes during the President’s term.
Original Text
Article 59. Conditions of President’s office.
(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
(2) The President shall not hold any other office of profit.
(3) The President shall be entitled without payment of rent to the use of his official residences and also to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be diminished during his term of office.
Detailed Explanation
Article 59 prescribes the necessary conditions and entitlements associated with the office of the President of India.
Clause (1) addresses the relationship between the President’s office and legislative membership. It explicitly states that the person holding the office of President cannot simultaneously be a member of either House of Parliament (Lok Sabha or Rajya Sabha) or a House of the Legislature of any State (Vidhan Sabha or Vidhan Parishad). To reinforce this separation, the clause further stipulates that if a person who is already a member of any of these legislative bodies is elected as President, their seat in that legislature is automatically deemed vacated on the date they assume office as President. This ensures that the President remains politically neutral and is not subject to the pressures of party politics or legislative mandates that might conflict with the constitutional role.
Clause (2) imposes another significant restriction: the President shall not hold any other “office of profit”. The term “office of profit” is not precisely defined in the Constitution itself but generally refers to an office under the government (Central or State) that carries some remuneration or benefit, where the holder is appointed by the government or can be removed by it, or exercises executive power. This prohibition is intended to prevent conflicts of interest and maintain the independence of the presidential office.
Clause (3) outlines the entitlements of the President. It guarantees the President the use of official residences without payment of rent. It also provides for emoluments (salary), allowances (like for travel, staff, etc.), and privileges. The determination of these entitlements is vested with Parliament, which can fix them by law. Until such a law is enacted by Parliament, the emoluments, allowances, and privileges are those specified in the Second Schedule of the Constitution (though these have been updated by subsequent parliamentary laws). This clause ensures that the President has the necessary resources and facilities to discharge their duties effectively.
Clause (4) provides a crucial safeguard for the President’s independence and the stability of the office’s status. It mandates that the emoluments and allowances of the President cannot be reduced or diminished during their term of office. This protection prevents the legislature or executive from using financial means to pressure or influence the President after they have taken office, thereby upholding the dignity and autonomy of the institution.
Detailed Notes
- The President shall not be a member of either House of Parliament (Lok Sabha or Rajya Sabha).
- The President shall not be a member of a House of the Legislature of any State (Vidhan Sabha or Vidhan Parishad).
- If a person who is already a member of Parliament or a State Legislature is elected President, their seat in that House is automatically vacated on the date they enter the President’s office.
- The President is prohibited from holding any other “office of profit”.
- The President is entitled to the use of official residences without paying rent.
- The President is entitled to emoluments, allowances, and privileges.
- Parliament determines these emoluments, allowances, and privileges by law.
- Until Parliament makes such a law, the entitlements are as specified in the Second Schedule (subject to subsequent legislative changes).
- The emoluments and allowances of the President cannot be reduced (diminished) during their term of office.
Additional Comments
- The conditions laid down in Article 59 are fundamental to the character and independence of the President’s office in India’s parliamentary system.
- The prohibition on being a member of the legislature reinforces the principle of separation of powers and ensures the President’s neutrality from legislative politics.
- The ban on holding an office of profit aims to prevent conflicts of interest and maintain the President’s impartiality.
- The guarantee of emoluments, allowances, official residence, and privileges, coupled with the protection against their diminution, secures the President’s status and dignity and insulates the office holder from financial pressures.
- The current salary and other entitlements of the President are determined by the President’s Emoluments and Pension Act, 1951, as amended periodically by Parliament, overriding the provisions originally mentioned in the Second Schedule.
Summary
Article 59 of the Indian Constitution specifies the conditions applicable to the President’s office. It mandates that the President cannot be a member of Parliament or a State Legislature, and if a member is elected, their seat is vacated upon assuming office. It also prohibits the President from holding any other office of profit. The article ensures the President’s entitlement to official residences without rent and to emoluments, allowances, and privileges as determined by Parliament by law, stipulating that these cannot be diminished during their term of office. These conditions are designed to ensure the independence and dignity of the presidential office.