Article 59

Article 59 of the Indian Constitution outlines the conditions of service, restrictions, and privileges associated with the office of the President of India. It ensures that the President remains independent, impartial, and free from conflicts of interest, maintaining the dignity and neutrality of the highest constitutional position in the country.

Text of Article 59

Article 59 provides as follows:

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, they shall be deemed to have vacated their seat in that House on the date on which they enter upon their 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 official residences and shall be 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 their term of office.

This article forms a constitutional safeguard to ensure the non-partisan character and independence of the President.

Prohibition of Membership in Legislature

Under Article 59(1), the President cannot simultaneously be a member of Parliament or any State Legislature.

• If an individual who is a sitting Member of Parliament (Lok Sabha or Rajya Sabha) or a State Legislative Assembly is elected as President, their seat is automatically vacated upon assuming the office.
• This provision maintains the separation of powers and ensures that the President does not engage in legislative activities, reinforcing the neutrality of the office.

The case of K. K. Verma v. Union of India (1954) clarified that the President, upon election, ceases to hold any legislative seat to uphold the constitutional principle of separation between the executive and legislature.

Prohibition of Holding Other Offices

Under Article 59(2), the President cannot hold any other office of profit under the Government of India, a State Government, or any other public authority.
This restriction is intended to:

• Prevent conflicts of interest;
• Safeguard the independence and impartiality of the President; and
• Ensure that the President’s decisions are guided solely by constitutional obligations rather than personal or political gains.

The provision also aligns with the broader constitutional doctrine of separation of powers, preventing the concentration of authority in a single office.

Official Residence and Entitlements

According to Article 59(3), the President is entitled to use official residences without payment of rent and to receive emoluments, allowances, and privileges as prescribed by law.

• Until Parliament determines these by legislation, the provisions of the Second Schedule of the Constitution apply.
• The Second Schedule specifies the salaries, allowances, and privileges granted to constitutional authorities, including the President.

These entitlements are not mere benefits but instruments to uphold the dignity and independence of the presidential office, ensuring that the President is free from financial dependence on any external source.
The Supreme Court in Indira Gandhi v. Raj Narain (1975) referred to the privileges and immunities enjoyed by high constitutional offices, highlighting that such provisions protect institutional integrity rather than personal luxury.

Protection of Emoluments and Allowances

Article 59(4) guarantees that the emoluments and allowances of the President cannot be reduced during the term of office.
This protection serves two important purposes:

1. It ensures the financial security of the President, preventing the legislature or executive from exerting pressure by altering the President’s remuneration.
2. It upholds the independence and dignity of the office, ensuring that the President can act impartially without fear of financial repercussions.

This principle mirrors similar constitutional protections granted to judges, members of constitutional bodies, and other independent authorities.

Significance of the Second Schedule

The Second Schedule of the Constitution prescribes the detailed emoluments, allowances, and privileges for various constitutional functionaries, including the President. It covers aspects such as salary, official residence, medical facilities, and other entitlements.
The purpose of incorporating these provisions in a schedule is to maintain transparency and consistency in the compensation and privileges of constitutional offices.

Judicial Interpretation

The Supreme Court of India has consistently upheld the independence and non-partisan nature of the President’s office as envisioned under Article 59. The judiciary has clarified that the provisions under this article are not merely procedural but fundamental to preserving the sanctity of the presidency.

• The Court has recognised the prohibition on legislative membership and offices of profit as a key mechanism to maintain the separation of powers.
• Judicial interpretation has also reinforced the protection of the President’s emoluments as an essential guarantee of constitutional autonomy.

Significance of Article 59

Article 59 plays a vital role in maintaining the dignity, impartiality, and independence of the President’s office. Its significance can be summarised as follows:

1. Ensures Separation of Powers: Prevents the President from being involved in legislative or executive offices simultaneously.
2. Protects Independence: Safeguards the President from financial or political influence by prohibiting other employment or office of profit.
3. Upholds Constitutional Integrity: Ensures that the President acts solely in accordance with the Constitution, free from external pressure.
4. Preserves Non-Partisanship: The restrictions make the office apolitical and non-aligned with any party or government interest.

Related Constitutional Provisions

• Article 58: Specifies the qualifications required for election as President.
• Article 60: Prescribes the oath or affirmation taken by the President before assuming office.
• Article 61: Lays down the procedure for the impeachment of the President in case of constitutional violations.
• Second Schedule: Details the emoluments, privileges, and allowances of the President.

Together, these provisions create a comprehensive constitutional framework governing the President’s office and ensure its neutrality and dignity.

Historical and Constitutional Context

The framers of the Constitution, inspired by parliamentary democracy, envisioned a non-partisan and ceremonial head of state. Article 59 reflects this vision by insulating the President from the political and economic influence of the government. The Constituent Assembly debates reveal that the aim was to create an office that commands universal respect and serves as a symbol of national unity.
Since its adoption, Article 59 has not been amended, indicating the foresight and stability of its provisions in maintaining the office’s constitutional balance and relevance.

Conclusion

Article 59 of the Indian Constitution establishes the conditions and safeguards necessary for preserving the independence, neutrality, and dignity of the President’s office. By prohibiting legislative membership, barring other offices of profit, and protecting the President’s emoluments, the article ensures that the head of the State remains free from political and financial influence.