What is Article 59 of Indian Constitution – Defination & Meaning

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
📅 Part V – The Union
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Article Number

59

part

Part V – The Union

Status

Active

Bare Acts 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 shall be also entitled 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.
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Full Definition & Explanation

Article 59 of the Indian Constitution outlines the conditions for holding the office of the President. It specifies that the President cannot be a member of either House of Parliament or any State Legislature. If an elected member of either House becomes President, they must vacate their seat immediately upon assuming office. This rule ensures that the President remains impartial and does not have conflicting interests while performing their duties. It creates a clear separation between the roles of the President and the legislative bodies, promoting a non-partisan approach to governance. Also, Article 59 states that the President cannot hold any other office of profit. This means that the President cannot engage in any business or hold another government position while in office. This provision is designed to prevent any potential conflict of interest and maintain the integrity of the office. The President receives a salary, allowances, and privileges that are determined by Parliament, ensuring that the financial aspects of the role are clearly defined and protected from arbitrary changes during their term. Additionally, the article guarantees that the emoluments and allowances of the President cannot be reduced during their term of office. This safeguard ensures that the President can perform their duties without financial insecurity or pressure. Overall, Article 59 serves to uphold the dignity and independence of the President’s office while ensuring accountability and transparency in governance. The provisions protect the President from political influences and ensure that they can act in the best interest of the nation.

Historical Context

Article 59 was part of the original Constitution adopted on January 26, 1950. The Constituent Assembly engaged in extensive debates to ensure a clear separation of powers among the branches of government. They emphasized the need for an independent President who could function free from legislative pressures. The discussions highlighted concerns about conflicts of interest and the necessity of a neutral executive. This article has remained unchanged, reflecting the founding fathers’ intention to maintain an independent executive branch. The Supreme Court has upheld its provisions, specifically in cases like Kuldip Nayar vs. Union of India (2006), which emphasized the need for a non-partisan President. This article ensures that the President can perform functions without political interference or bias.

Key Features

– The President cannot be a member of any legislative house.
– An elected member must vacate their seat upon becoming President.
– The President cannot hold any other office of profit.
– The President receives specified emoluments and privileges by law.
– The President’s emoluments cannot be reduced during their term.

Importance & Impact

– The provisions ensure the President remains impartial while executing their duties and responsibilities.
– This article effectively prevents conflicts of interest for the President’s role in governance.
– The article clarifies the financial entitlements and privileges associated with the President’s office.
– These provisions maintain the dignity and respect of the presidential office in India.
– The article strengthens the separation of powers between the executive and legislative branches of government.

Sample UPSC Question

Consider the following statements regarding Article 59 of the Indian Constitution: A) The President must not be a member of any legislative house. B) The President can hold other offices of profit during their term. C) The emoluments of the President can be reduced during their term. D) The President is entitled to specific privileges determined by Parliament. Analyze the statements and identify the correct ones while providing justifications for your choice.

Answer

The correct answer is A and D. Article 59 clearly states that the President cannot be a member of any legislative house, ensuring impartiality. Additionally, the privileges of the President, including emoluments, are determined by Parliament and cannot be arbitrarily reduced. Options B and C contradict the provisions outlined in Article 59, which reinforces the independence of the presidential role.

Key Takeaways

✓ The President cannot be a member of Parliament or any legislature.
✓ Members must vacate their seats when elected as President.
✓ The President cannot hold any other office while in office.
✓ Emoluments of the President are protected from any reduction.
✓ These provisions help ensure a non-partisan presidential role during their term.

FAQs

No, the President cannot hold any other government office while in office. This rule is meant to prevent conflicts of interest, ensuring that the President can focus solely on their constitutional duties. For instance, if the President were also a member of Parliament, it could create a bias in decision-making processes.

If a sitting member of Parliament or State Legislature is elected President, they must vacate their seat immediately. This provision is key to avoid dual roles that could lead to conflicts of interest. It maintains clarity and integrity in the governance structure, ensuring that the President operates independently from legislative influences.

This safeguard ensures that the President can perform their duties without financial insecurity or pressure. Overall, Article 59 serves to uphold the dignity and independence of the President’s office while ensuring accountability and transparency in governance. The provisions protect the President from political influences and ensure that they can act in the best interest of the nation.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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