Actual Article
Article 59: Conditions of President’s office
- 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.
- The President shall not hold any other office of profit.
- 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.
- The emoluments and allowances of the President shall not be diminished during his term of office.
UPSC Notes for Article 59
Explanation:
- Membership in Legislature: The President cannot be a member of Parliament or a State Legislature. If a sitting member of any House is elected as President, they must vacate their seat.
- Office of Profit: The President cannot hold any other office of profit to avoid conflicts of interest.
- Entitlements: The President is entitled to use official residences without paying rent and receives emoluments, allowances, and privileges as determined by Parliament. These provisions are outlined in the Second Schedule until Parliament decides otherwise.
- Security of Emoluments: The salary and allowances of the President cannot be reduced during their term to ensure financial independence and prevent undue influence.
Key Points:
- Separation from Legislature: Ensures the President remains non-partisan and independent.
- Financial Independence: Protects the President’s salary and benefits from being altered during their term, ensuring stability and independence.
Important Cases and Commissions Related to Article 59
Cases:
- In Re: Presidential Poll (1974): Clarified the conditions under which a sitting member of Parliament or State Legislature must vacate their seat upon election as President.
- Shankari Prasad vs. Union of India (1976): Discussed the implications of holding an office of profit and its relation to the President’s independence.
Commissions:
- Sarkaria Commission (1983): Reviewed the relationship between the Union and State governments, emphasizing the importance of the President’s independence and neutrality.
- Constitutional Review Commission (2002): Suggested maintaining stringent conditions for holding the office of President to ensure impartiality and independence.
Important Reports Related to Article 59
- Second Administrative Reforms Commission (2005-2009): Highlighted the need for clear separation of powers and the non-partisan role of the President.
- Law Commission Reports: Provided recommendations on the conditions and privileges of the President to uphold the dignity and independence of the office.
Previous Year Prelims Questions Related to Article 59
- (UPSC Prelims 2014) Which of the following statements is correct regarding the President of India as per Article 59?
- A. The President can be a member of Parliament while holding office.
- B. The President can hold another office of profit.
- C. The emoluments and allowances of the President cannot be diminished during their term.
- D. The President is not entitled to use an official residence. Correct Answer: C. The emoluments and allowances of the President cannot be diminished during their term.
- (UPSC Prelims 2018) According to Article 59 of the Indian Constitution, if a member of Parliament is elected as President, he/she:
- A. Continues to hold the seat in Parliament
- B. Must vacate the seat in Parliament
- C. Can nominate someone else to hold the seat
- D. Can hold the seat only if approved by Parliament Correct Answer: B. Must vacate the seat in Parliament
Previous Year Mains Questions Related to Article 59
- Mains 2016: “Discuss the importance of the conditions laid down in Article 59 for the office of the President of India. How do these conditions ensure the independence and impartiality of the President?”
- Mains 2019: “Analyze the provision that the emoluments and allowances of the President shall not be diminished during their term of office. Why is this significant for the independence of the President?”
Additional Insights:
- Significance of Conditions: The conditions in Article 59 are crucial to maintaining the President’s impartiality and independence, ensuring they are free from legislative or executive pressures.
- Office of Profit Clause: Prevents the President from holding any conflicting roles that could compromise their ability to act impartially.
- Financial Security: By securing the President’s emoluments and allowances, the Constitution ensures the President can act without financial duress, maintaining the dignity and stability of the office.
Understanding Article 59 helps UPSC aspirants grasp the constitutional provisions designed to ensure the President of India remains an independent and non-partisan figure. This knowledge is vital for both preliminary and main examinations, offering insights into the safeguards that protect the highest constitutional office in India.