Article 58 of the Constitution of India lays down the qualifications required for a person to be eligible for election as the President of India. It specifies the basic constitutional conditions relating to citizenship, age, qualification for membership of the Lok Sabha and holding an office of profit.
- Meaning of Article 58
- Constitutional Provision
- 1. Citizenship of India
- 2. Minimum Age of 35 Years
- 3. Qualification for Lok Sabha Membership
- Must the President Be a Member of Parliament?
- 4. Office of Profit
- What Is an Office of Profit?
- Exceptions to Office of Profit
- Article 58 and Article 59
- Article 58 and Article 57
- Article 58 and Article 54
- Article 58 and Article 55
- Qualification for Lok Sabha and Article 84
- Statutory Qualifications
- Can a Sitting Chief Minister Contest?
- Can a Sitting Minister Contest?
- Can a Governor Contest?
- Can the Vice-President Contest?
- Can a Member of Parliament Contest?
- Can a State MLA Contest?
- Can a Private Citizen Contest?
- Important Features of Article 58
- Article 58 at a Glance
- Article 58 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
A person seeking election as President must satisfy all the requirements prescribed by Article 58.
Meaning of Article 58
Article 58 establishes the constitutional qualifications for becoming President.
A person must:
- Be a citizen of India
- Have completed 35 years of age
- Be qualified for election as a member of the House of the People (Lok Sabha)
- Not hold an office of profit under the Government of India, a State Government, or a local or other authority subject to the constitutional exceptions
These qualifications must be satisfied before a person can be elected President.
Constitutional Provision
Article 58 provides that a person shall not be eligible for election as President unless the person:
- Is a citizen of India;
- Has completed thirty-five years of age;
- Is qualified for election as a member of the House of the People; and
- Does not hold any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of those Governments.
The Article also provides exceptions concerning certain constitutional offices.
1. Citizenship of India
The first requirement is that the candidate must be a citizen of India.
A person who is not an Indian citizen cannot contest the election for President.
Citizenship is therefore an essential constitutional qualification.
2. Minimum Age of 35 Years
A person must have completed 35 years of age to be eligible for election as President.
This is higher than the minimum age required for membership of the Lok Sabha.
For comparison:
| Office | Minimum Age |
|---|---|
| President | 35 years |
| Vice-President | 35 years |
| Lok Sabha member | 25 years |
| Rajya Sabha member | 30 years |
Therefore, a person who is constitutionally qualified to become a Lok Sabha member based on age may still be too young to contest the presidential election.
3. Qualification for Lok Sabha Membership
The candidate must be qualified for election as a member of the House of the People.
This does not mean that the person must actually be a sitting Lok Sabha member.
The requirement is that the person must possess the qualifications necessary to be elected to the Lok Sabha.
Therefore:
President candidate → Must be qualified for Lok Sabha election
but
President candidate → Need not already be an MP
Must the President Be a Member of Parliament?
No.
A person does not have to be a sitting Member of Parliament to contest the presidential election.
Article 58 only requires the person to be qualified for election as a member of the House of the People.
The President is also subject to separate constitutional provisions concerning membership of Parliament and the State Legislature after election.
4. Office of Profit
The fourth major requirement concerns an office of profit.
A person cannot be eligible for election as President if the person holds an office of profit under:
- Government of India
- Government of a State
- A local authority
- Another authority subject to the control of the Central or State Government
The purpose of this requirement is to prevent conflicts between governmental employment and the constitutional office of President.
What Is an Office of Profit?
The Constitution does not provide a single comprehensive definition of “office of profit” in Article 58.
The concept generally concerns an office that carries a financial benefit or gain and is connected with governmental authority.
Whether a particular position constitutes an office of profit depends on the relevant constitutional and legal provisions and the circumstances of the office.
Exceptions to Office of Profit
Article 58 specifically provides that holding certain constitutional offices does not disqualify a person.
A person shall not be considered to hold an office of profit merely because the person is:
- The President
- The Vice-President
- The Governor of a State
- A Minister of the Union or of any State
This is an important exception.
Therefore, these constitutional positions do not themselves create disqualification under Article 58.
Article 58 and Article 59
Articles 58 and 59 should be distinguished.
Article 58
Deals with:
Qualifications for election as President
Article 59
Deals with:
Conditions of the President’s office
Article 58 asks whether a person is qualified to contest the presidential election.
Article 59 primarily deals with restrictions and conditions applicable to a person holding the office of President.
Article 58 and Article 57
Article 57 deals with eligibility for re-election.
Article 58 deals with the qualifications for election.
Therefore:
Article 57 → Can a former or sitting President contest again?
Article 58 → What qualifications must a presidential candidate satisfy?
A person seeking re-election must still satisfy the relevant constitutional requirements.
Article 58 and Article 54
Article 54 establishes the electoral college for the election of the President.
Article 58 establishes the qualifications of the candidate.
Therefore, these Articles answer different questions:
Article 54 → Who elects the President?
Article 58 → Who can be elected President?
Article 58 and Article 55
Article 55 deals with the manner of election.
Thus, the basic presidential election framework can be understood as:
Article 54 → Electoral college
Article 55 → Manner of election
Article 58 → Qualifications
Qualification for Lok Sabha and Article 84
Article 58 refers to qualification for election as a member of the House of the People.
The general constitutional qualifications for Parliament are contained in Article 84.
Article 84 provides, among other things, that a person must:
- Be a citizen of India
- Make and subscribe to the prescribed oath or affirmation
- Be at least 25 years old for the House of the People
- Possess other qualifications prescribed by Parliament
For a presidential candidate, however, Article 58 independently requires the higher minimum age of 35 years.
Statutory Qualifications
The Constitution provides the basic framework, but parliamentary legislation also regulates elections to the office of President.
The Presidential and Vice-Presidential Elections Act, 1952 and the rules made under it govern various procedural aspects of presidential elections.
Therefore, constitutional eligibility and statutory election requirements operate together.
Can a Sitting Chief Minister Contest?
Yes, provided the person satisfies the constitutional requirements.
The office of Chief Minister itself does not automatically disqualify a person from being elected President.
However, the constitutional consequences of election to the office of President must be considered, including the conditions concerning membership and other offices under Article 59.
Can a Sitting Minister Contest?
Yes.
Article 58 expressly provides that a person is not considered to hold an office of profit merely because the person is a Minister of the Union or of a State.
Therefore, being a Union or State Minister does not itself create an Article 58 disqualification.
Can a Governor Contest?
Yes.
Article 58 expressly excludes the office of Governor from the office-of-profit disqualification.
A Governor may therefore be eligible to contest, subject to satisfying the other constitutional requirements.
Can the Vice-President Contest?
Yes.
Article 58 expressly states that holding the office of Vice-President does not amount to holding an office of profit for this purpose.
The person must nevertheless satisfy all other applicable constitutional requirements.
Can a Member of Parliament Contest?
Yes.
A sitting Member of Parliament may contest the presidential election if otherwise qualified.
However, upon election as President, constitutional provisions concerning membership of Parliament apply.
Can a State MLA Contest?
Yes, subject to the constitutional requirements.
There is no requirement that the presidential candidate must be a Member of Parliament.
A person who is an MLA can potentially contest the presidential election if all constitutional and statutory requirements are satisfied.
Can a Private Citizen Contest?
Yes.
A person does not have to hold any political office to contest for President.
A private citizen can be a presidential candidate if the constitutional and statutory requirements are satisfied and the person receives the necessary support under the applicable nomination rules.
Important Features of Article 58
1. Indian Citizenship
The candidate must be an Indian citizen.
2. Minimum Age
The candidate must have completed 35 years.
3. Lok Sabha Qualification
The candidate must be qualified for election as a member of the House of the People.
4. Office of Profit Restriction
The candidate must not hold a disqualifying office of profit.
5. Constitutional Exceptions
The offices of President, Vice-President, Governor and Minister do not constitute an office of profit for this purpose.
6. No Requirement of Existing Political Office
The candidate does not have to be an existing MP, MLA, Minister or Governor.
Article 58 at a Glance
| Requirement | Constitutional Position |
|---|---|
| Citizenship | Must be a citizen of India |
| Minimum Age | 35 years |
| Parliamentary Qualification | Qualified for election as Lok Sabha member |
| Office of Profit | Must not hold a disqualifying office of profit |
| Existing MP Required? | No |
| Existing MLA Required? | No |
| Existing Political Office Required? | No |
| Minister | Does not constitute disqualifying office of profit |
| Governor | Does not constitute disqualifying office of profit |
| Vice-President | Does not constitute disqualifying office of profit |
| President | Does not constitute disqualifying office of profit |
Article 58 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 52 | President of India |
| Article 54 | Election of President |
| Article 55 | Manner of election |
| Article 56 | Term of office |
| Article 57 | Eligibility for re-election |
| Article 58 | Qualifications for election |
| Article 59 | Conditions of President’s office |
| Article 60 | Oath or affirmation |
| Article 61 | Impeachment |
| Article 62 | Election to fill vacancy |
| Article 71 | Election disputes |
| Article 84 | Qualification for membership of Parliament |
Common Confusions
Does the President Have to Be a Lok Sabha Member?
No.
The candidate only needs to be qualified for election as a member of the Lok Sabha.
Can a Rajya Sabha Member Become President?
Yes.
There is no requirement that the candidate must be a Lok Sabha member. A Rajya Sabha member can contest if otherwise constitutionally eligible.
Can an MLA Become President?
Yes.
The Constitution does not require the candidate to be a Member of Parliament.
Is the Minimum Age 25?
No.
The minimum age for a presidential candidate is 35 years.
Can a Person Without Political Experience Become President?
Yes.
The Constitution does not prescribe prior political or governmental experience as a qualification.
Can a Minister Contest?
Yes.
Article 58 expressly excludes the office of Minister from the office-of-profit disqualification.
Can a Governor Contest?
Yes.
The office of Governor is also expressly excluded from the office-of-profit disqualification.
Does Article 58 Deal With Re-election?
No.
Article 57 deals with eligibility for re-election.
Article 58 deals with the qualifications for election.
Quick Revision
- Article 58 → Qualifications for election as President.
- Candidate must be a citizen of India.
- Candidate must have completed 35 years of age.
- Candidate must be qualified for election as a Lok Sabha member.
- Candidate must not hold a disqualifying office of profit.
- The candidate need not be a sitting MP or MLA.
- A Minister, Governor, Vice-President or President is not treated as holding an office of profit merely by holding that constitutional office.
- Article 54 → Who elects the President.
- Article 55 → How the President is elected.
- Article 57 → Re-election.
- Article 59 → Conditions of the President’s office.
- Article 84 → Parliamentary qualifications.
Conclusion
Article 58 establishes the constitutional qualifications for election as the President of India. It requires the candidate to be an Indian citizen, at least 35 years old, qualified for election to the Lok Sabha and free from a disqualifying office of profit.
The provision does not require a person to be an existing Member of Parliament or hold any political office. Its purpose is to establish the basic constitutional eligibility criteria while leaving the presidential election itself to the electoral process prescribed under Articles 54 and 55.
The key point to remember is:
Article 58 → A presidential candidate must be an Indian citizen, at least 35 years old, qualified for election as a Lok Sabha member and not hold a disqualifying office of profit.
