Article 59 of the Constitution of India deals with the conditions of the President’s office. It lays down restrictions and requirements that apply to a person while holding the office of President, including restrictions on membership of Parliament or a State Legislature, holding another office of profit, and entitlement to official residence, emoluments and privileges.
- Meaning of Article 59
- Constitutional Provision
- No Membership of Parliament or State Legislature
- What Happens If an MP or MLA Becomes President?
- Article 59 and Article 58
- No Other Office of Profit
- Why Is the Office-of-Profit Restriction Important?
- Official Residence
- Emoluments and Allowances
- Protection Against Reduction of Emoluments
- Article 59 and Independence of the President
- Article 59 and Parliamentary Government
- Article 59 and Article 53
- Article 59 and Article 60
- Article 59 and Article 58
- President and Membership of Parliament
- President and State Legislature
- Can the President Hold Another Government Position?
- Emoluments Cannot Be Reduced
- Important Features of Article 59
- Article 59 at a Glance
- Article 59 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The provision is intended to preserve the independence, dignity and constitutional position of the President.
Meaning of Article 59
Article 59 establishes the conditions under which the President holds office.
The Article provides that:
- The President cannot be a member of either House of Parliament or a House of the Legislature of any State.
- If a sitting MP or MLA is elected President, their seat is deemed vacant when they enter upon the office of President.
- The President cannot hold any other office of profit.
- The President is entitled to official residence without payment of rent.
- The President is entitled to emoluments, allowances and privileges determined by Parliament.
- The President’s emoluments and allowances cannot be diminished during the term of office.
Constitutional Provision
Article 59 contains four principal conditions relating to the office of President.
Clause (1)
The President shall not be a member of either House of Parliament or of a House of the Legislature of any State.
If a member of Parliament or a State Legislature is elected President, the person is deemed to have vacated the seat on the date of entering upon the office of President.
Clause (2)
The President shall not hold any other office of profit.
Clause (3)
The President is entitled, without payment of rent, to the use of the official residence and is also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law.
Clause (4)
The President’s emoluments and allowances shall not be diminished during the President’s term of office.
No Membership of Parliament or State Legislature
One of the most important conditions under Article 59 is that the President cannot simultaneously be a member of:
- Lok Sabha
- Rajya Sabha
- State Legislative Assembly
- State Legislative Council
The purpose is to maintain the President’s constitutional neutrality.
The President is the constitutional head of the Union and should not simultaneously function as a member of a legislature.
What Happens If an MP or MLA Becomes President?
Suppose a sitting Lok Sabha member is elected President.
The person does not continue as both:
President + Lok Sabha member
Instead, the person’s parliamentary seat is deemed to have been vacated on the date the person enters upon the office of President.
The same principle applies to a member of a State Legislature.
Article 59 and Article 58
These provisions deal with different stages.
Article 58 → Qualifications to contest the presidential election
Article 59 → Conditions applicable while holding the presidential office
Article 58 asks whether a person is constitutionally qualified to become a candidate.
Article 59 establishes the restrictions that apply to the person after assuming the office.
No Other Office of Profit
Article 59(2) provides that the President shall not hold any other office of profit.
This ensures that the President’s office remains independent from other positions that may create financial or institutional conflicts.
The President therefore cannot simultaneously occupy another office that constitutes an office of profit.
Why Is the Office-of-Profit Restriction Important?
The restriction helps preserve:
- Independence of the President
- Constitutional neutrality
- Dignity of the office
- Separation between the presidential office and other positions
- Freedom from conflicts of interest
The President is expected to function as the constitutional head rather than as the holder of another governmental office.
Official Residence
Article 59 provides that the President is entitled, without payment of rent, to the use of the official residence.
The President therefore has a constitutional entitlement to official accommodation.
The President’s official residence is Rashtrapati Bhavan in New Delhi.
Emoluments and Allowances
The President is entitled to:
- Emoluments
- Allowances
- Privileges
These are determined by Parliament by law.
The Constitution therefore provides the entitlement while allowing Parliament to determine the relevant financial and related details through legislation.
Protection Against Reduction of Emoluments
Article 59(4) provides an important constitutional safeguard.
The President’s emoluments and allowances cannot be diminished during the term of office.
This protection helps preserve the independence and dignity of the office.
The financial conditions of the President cannot therefore be reduced merely because the President is already serving a term.
Article 59 and Independence of the President
Article 59 is closely connected with the constitutional independence of the President.
The restrictions on legislative membership and other offices, together with protection of emoluments and allowances, seek to ensure that the President can perform constitutional functions without inappropriate institutional or financial dependence.
Article 59 and Parliamentary Government
India follows a parliamentary system in which the President is the constitutional head of the Union.
The President ordinarily acts on the aid and advice of the Council of Ministers under Article 74.
Article 59 ensures that the President remains institutionally separate from direct membership of the legislature.
This separation is important even though the President forms part of the Union executive under the Constitution.
Article 59 and Article 53
Article 53 vests the executive power of the Union in the President.
Article 59 establishes conditions applicable to the President while exercising the constitutional office.
Thus:
Article 53 → Executive power vested in President
Article 59 → Conditions governing the office of President
Article 59 and Article 60
Article 60 deals with the oath or affirmation of the President.
Article 59 deals with the conditions under which the office is held.
Together, these provisions establish important constitutional requirements relating to the President after election.
Article 59 and Article 58
A useful distinction is:
| Article 58 | Article 59 |
|---|---|
| Qualifications for election | Conditions of office |
| Applies to eligibility | Applies to holding office |
| Citizenship | No legislative membership |
| 35 years | No other office of profit |
| Lok Sabha qualification | Official residence |
| Office of profit qualification | Emoluments and allowances |
President and Membership of Parliament
The President is constitutionally connected to Parliament in several ways, but the President is not a member of either House.
Under Article 79, Parliament consists of:
- President
- Council of States
- House of the People
The President is therefore a part of Parliament in the constitutional sense, but Article 59 prevents the President from simultaneously being a member of either House.
This distinction is important.
President and State Legislature
Similarly, the President cannot be a member of a State Legislature.
If a person who is an MLA or member of a State Legislative Council is elected President, the person’s legislative membership ends upon entering the presidential office.
Can the President Hold Another Government Position?
Article 59(2) prohibits the President from holding another office of profit.
The President therefore cannot simultaneously hold another office that falls within the constitutional prohibition.
This is separate from the exceptions relating to offices that do not constitute an office of profit for the purpose of Article 58.
Emoluments Cannot Be Reduced
Article 59 protects the President against reduction of emoluments and allowances during the term.
The objective is not merely financial.
It supports the independence and dignity of the constitutional office.
The President should not be placed in a position where financial conditions can be altered during the term in a manner that could affect the independence of the office.
Important Features of Article 59
1. No Legislative Membership
The President cannot be a member of Parliament or a State Legislature.
2. Automatic Vacation of Seat
An MP or MLA elected President is deemed to vacate the seat upon entering the presidential office.
3. No Other Office of Profit
The President cannot hold another office of profit.
4. Official Residence
The President is entitled to official residence without payment of rent.
5. Emoluments and Allowances
Parliament determines the President’s emoluments, allowances and privileges by law.
6. Protection Against Reduction
The President’s emoluments and allowances cannot be diminished during the term.
Article 59 at a Glance
| Point | Position |
|---|---|
| Article | Article 59 |
| Subject | Conditions of President’s office |
| MP/MLA Membership | Not permitted |
| Effect on Existing Seat | Deemed vacated upon entering office |
| Other Office of Profit | Not permitted |
| Official Residence | Provided without payment of rent |
| Emoluments | Determined by Parliament by law |
| Allowances | Determined by Parliament by law |
| Privileges | Determined by Parliament by law |
| Reduction During Term | Emoluments and allowances cannot be diminished |
Article 59 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 52 | President of India |
| Article 53 | Executive power of the Union |
| Article 54 | Election of President |
| Article 55 | Manner of election |
| Article 56 | Term of office |
| Article 57 | Eligibility for re-election |
| Article 58 | Qualifications |
| Article 59 | Conditions of President’s office |
| Article 60 | Oath or affirmation |
| Article 61 | Impeachment |
| Article 62 | Election to fill vacancy |
| Article 74 | Council of Ministers to aid and advise President |
| Article 79 | Constitution of Parliament |
Common Confusions
Is the President a Member of Parliament?
No.
The President is a component of Parliament under Article 79 but is not a member of either House.
Can an MP Become President?
Yes.
An MP can be elected President. However, the person’s parliamentary seat is deemed vacant upon entering the presidential office.
Can an MLA Become President?
Yes.
An MLA can be elected President, but the legislative seat is deemed vacant when the person enters the presidential office.
Can the President Hold Another Office of Profit?
No.
Article 59(2) prohibits the President from holding another office of profit.
Does the President Pay Rent for the Official Residence?
Article 59 provides that the President is entitled to use the official residence without payment of rent.
Can Parliament Reduce the President’s Salary During the Term?
The President’s emoluments and allowances cannot be diminished during the term of office.
Does Article 59 Deal With the President’s Qualifications?
No.
Article 58 deals with qualifications for election.
Article 59 deals with conditions of the office.
Quick Revision
- Article 59 → Conditions of President’s office.
- The President cannot be a member of Parliament or a State Legislature.
- If an MP or MLA becomes President, the seat is deemed vacant when the person enters office.
- The President cannot hold another office of profit.
- The President is entitled to official residence without payment of rent.
- Emoluments, allowances and privileges are determined by Parliament by law.
- The President’s emoluments and allowances cannot be diminished during the term.
- Article 58 → Qualifications for election.
- Article 59 → Conditions while holding office.
- Article 60 → Oath or affirmation.
- Article 61 → Impeachment.
- Article 62 → Election to fill vacancy.
Conclusion
Article 59 establishes the conditions governing the office of the President of India. It prevents the President from simultaneously holding legislative membership or another office of profit and provides constitutional safeguards concerning official residence, emoluments, allowances and privileges.
These conditions are designed to preserve the independence, dignity and constitutional neutrality of the presidential office.
The key point to remember is:
Article 59 → The President cannot be a member of Parliament or a State Legislature or hold another office of profit, and the Constitution protects the President’s official residence, emoluments and allowances during the term.
