Part V - The Union • Article

Article 59 Simplified: Conditions of President's office

Once elected, the President cannot be an MP or MLA. If they were one, they must give up that seat. They get to live in the Rashtrapati Bhavan for free and receive a salary and allowances that cannot be reduced during their term. They also cannot do any other job for money while being President.

Official Text

(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.

Simple Meaning

Explain Like Ten

Once elected, the President cannot be in Parliament or a state assembly anymore. They get to live in the giant Rashtrapati Bhavan without paying rent, and their salary and benefits cannot be reduced while they are in office. They also aren't allowed to do any other business.

Student Mode

Lays down office conditions: (1) Cannot be an MP or MLA; if elected, their legislative seat is deemed vacated immediately. (2) Prohibits holding any other office of profit. (3) Entitles them to rent-free use of official residences (Rashtrapati Bhavan). (4) Guarantees that emoluments, allowances, and privileges cannot be diminished during their term.

Example

If an active MLA is elected President, the moment they take the oath, their seat in the State Assembly becomes vacant automatically.

Key Takeaway

The President's office is one of total dedication and financial security.

FAQs

Can the President hold a seat in the Rajya Sabha while in office?

No. Under Article 59(1), if a member of Parliament is elected President, their seat in Parliament is deemed vacated on the date they enter the President's office.

Where does the President of India reside officially?

The President is entitled to the rent-free use of their official residences, primarily the Rashtrapati Bhavan in New Delhi, and retreat locations in Shimla and Hyderabad.

Can Parliament reduce the President's salary during their term?

No. Article 59(4) strictly guarantees that the emoluments and allowances of the President cannot be diminished during their term of office.

Quiz

What happens if a sitting MP is elected as the President of India?

Answer: They are deemed to have vacated their MP seat on entering office

Which constitutional provision protects the President's salary from being reduced during their term?

Answer: Article 59(4)

The official rent-free residence of the President is called:

Answer: Rashtrapati Bhavan