Actual Article
Article 58: Qualifications for election as President
- 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.
- A person shall not be eligible for election as President if he holds 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 the said Governments.
- Provided that 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.
UPSC Notes for Article 58
Explanation:
- Citizenship: The candidate must be a citizen of India.
- Age Requirement: The candidate must be at least 35 years old.
- Parliamentary Eligibility: The candidate must be qualified to be a member of the Lok Sabha (House of the People).
- Office of Profit: The candidate must not hold an office of profit under the Government of India, any state government, or any local or other authority controlled by any government, except for certain specified offices such as the President, Vice-President, Governor, or Minister.
Key Points:
- Eligibility Criteria: Establishes clear criteria to ensure that the candidates for the highest constitutional office have the necessary qualifications.
- Office of Profit: Prevents conflict of interest by ensuring that the President does not hold any position that could influence their decisions.
Important Cases and Commissions Related to Article 58
Cases:
- D. Ramachandran vs. R.V. Janakiraman (1993): Highlighted the interpretation of “office of profit” and its implications for the eligibility of candidates for the President’s office.
- P. V. Narasimha Rao vs. State (1998): Discussed the nuances of the term “office of profit” and its impact on the eligibility criteria for various constitutional positions.
Commissions:
- Election Commission of India: Plays a critical role in scrutinizing the eligibility of presidential candidates in accordance with Article 58.
- Law Commission of India: Has provided recommendations on the eligibility and disqualification criteria for various constitutional offices, including the President.
Important Reports Related to Article 58
- Law Commission Reports: Various reports have discussed the criteria for eligibility and disqualification of candidates for constitutional offices to ensure transparency and fairness.
- Election Commission Reports: Detailed analysis and guidelines on the conduct of presidential elections, including the eligibility criteria for candidates.
Previous Year Prelims Questions Related to Article 58
- (UPSC Prelims 2013) According to Article 58 of the Indian Constitution, which of the following is NOT a qualification for election as President?
- A. Must be a citizen of India
- B. Must have completed the age of thirty-five years
- C. Must be qualified for election as a member of the House of the People
- D. Must have been a Judge of the Supreme Court Correct Answer: D. Must have been a Judge of the Supreme Court
- (UPSC Prelims 2015) Who among the following is eligible to contest for the office of President of India?
- A. A person who is not a citizen of India but has been residing in India for the last 10 years
- B. A person who is a citizen of India and is 30 years old
- C. A person who holds an office of profit under the Government of India
- D. A person who is a citizen of India and is qualified for election as a member of the House of the People Correct Answer: D. A person who is a citizen of India and is qualified for election as a member of the House of the People
Previous Year Mains Questions Related to Article 58
- Mains 2017: “Discuss the qualifications for the election of the President of India as provided under Article 58. How does the Constitution ensure that the President is above partisan politics?”
- Mains 2020: “Analyze the significance of the ‘office of profit’ clause in Article 58 of the Indian Constitution. How does this provision maintain the integrity and impartiality of the President’s office?”
Additional Insights:
- Significance: Article 58 ensures that only qualified individuals with sufficient maturity and experience are eligible for the highest constitutional office, maintaining the dignity and integrity of the presidency.
- Office of Profit Clause: This clause is crucial in preventing conflicts of interest, ensuring that the President can perform duties impartially without any undue influence from other governmental positions.
- Global Comparison: Different countries have varying eligibility criteria for their heads of state. For instance, in the United States, a Presidential candidate must be a natural-born citizen, at least 35 years old, and a resident for 14 years.
By understanding Article 58, UPSC aspirants can gain insights into the qualifications required for the election of the President of India. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the constitutional provisions that ensure the suitability and impartiality of candidates for the highest office in the country.