📜 Article 59 — Text & Provisions

Article 59(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.

Article 59(2): The President shall not hold any other office of profit.

Article 59(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.

Article 59(4): The emoluments and allowances of the President shall not be diminished during his term of office.

Article 59, located in Chapter I (The Executive) of Part V of the Constitution, lays down the foundational conditions of the President’s office. It ensures the President remains free from legislative conflicts, upholds dignity through non-occupancy of profit posts, and guarantees financial stability during tenure. The framers designed these safeguards to preserve the neutrality and independence of India's constitutional head.

⚖️ Core Conditions of President's Office

Article 59 establishes three non-negotiable constraints and one crucial economic protection:

  • 🔹 No Parliament/State Legislature Membership: The President cannot simultaneously serve as MP or MLA. If elected while being a member, the seat is automatically vacated upon assuming presidency. This ensures separation of powers and impartiality.
  • 🔹 No Other Office of Profit: The President cannot hold any additional office that yields profit — preventing conflicts of interest or executive overreach.
  • 🔹 Official Residences & Privileges: Entitled to rent-free use of official residences (Rashtrapati Bhavan, etc.) and emoluments/allowances as prescribed by Parliament.
  • 🔹 Protection from Diminution: The salary and allowances cannot be reduced during the presidential term — a classic safeguard for judicial independence-like security for the highest office.
📌 Key Fact: The President’s emoluments were initially ₹10,000 per month (Article 59(3) read with Second Schedule). Currently, under The President's Emoluments and Pension (Amendment) Act, 2018, the salary is ₹5,00,000 per month, along with extensive allowances and pension benefits post-retirement.

📖 Oath & Affirmation (Article 60 synergy)

Although Article 60 details the oath, Article 59 conditions interplay with the oath-taking requirement. Before entering office, the President must subscribe to an oath administered by the Chief Justice of India (or senior-most SC judge). The oath preserves allegiance to the Constitution, upholds sovereignty, and dedicates oneself to service. Article 59 ensures that after such oath, the President is free from any legislative or profit-oriented distractions.

💬 “I, A.B., do swear in the name of God that I will faithfully execute the office of President … and that I will devote myself to the service and well-being of the people of India.”

The combination of Article 59 and 60 makes the President's office truly independent — once elected, the individual steps away from all political and legislative roles to act as the supreme symbol of the Indian state.

💰 Emoluments, Allowances & Privileges

Under Article 59(3), Parliament holds the power to determine presidential emoluments and privileges. The Second Schedule (Part A) originally fixed the President’s salary and allowances. Over decades, through parliamentary laws, emoluments have been revised to reflect dignity of the office.

  • Current salary (as per 2018 amendment): ₹5,00,000 per month (tax-free).
  • Allowances: Free furnished residence (Rashtrapati Bhavan), free medical facilities, domestic staff, and annual travel allowances.
  • Pension: Ex-Presidents receive pension of 50% of the salary and other retirement benefits.
  • Privileges: Immunity from criminal proceedings during term (Article 361), and special protocol status.

The constitutional bar against diminution (Article 59(4)) ensures that even during economic adjustments, the President's emoluments cannot be reduced arbitrarily, insulating the office from fiscal pressure by the executive.

✨ Constitutional Significance & Landmark Context

Article 59, though often overshadowed by Article 53 (executive power) and Article 56 (term of office), is the backbone of presidential neutrality. The Constituent Assembly debates emphasized that the President must be above party politics — thus the prohibition on membership of any legislature. Dr. B.R. Ambedkar remarked that these conditions preserve the "non-partisan character" of the Head of State.

While there are no direct Supreme Court judgments striking down Article 59, courts have interpreted “office of profit” in relation to disqualifications under Article 102, reinforcing that the President cannot hold any trust or office that yields pecuniary gain. Moreover, in S.R. Bommai v. Union of India (1994), the court reiterated the significance of constitutional offices staying above political allegiance — aligning with the spirit of Article 59.

🏛️ Did you know? Before assuming office, the President-elect resigns from any political party membership, and Article 59 ensures no legislative link remains. This is why India's President acts as a unifying figure during political crises.