Qualifications and Conditions of the President’s Office (Articles 58–60)

At a Glance

• What it is Eligibility, oath and conditions attached to the office
• Articles Articles 58, 59 and 60
• Age At least 35 years
• Oath by Chief Justice of India
• Exam link UPSC Prelims, Polity: President

Where Does It Fit?

This is the fourth topic of the category on the President. The Constitution lists who can stand for the office, the oath the President takes and the conditions that protect the independence of the office.

Qualifications (Article 58)

1. The person should be a citizen of India.
2. The person should have completed 35 years of age.
3. The person should be qualified for election as a member of the Lok Sabha.
4. The person should not hold any office of profit under the Union government, any state government, any local authority or any other public authority.

A sitting President or Vice-President, the Governor of any state, and a minister of the Union or of any state is not deemed to hold an office of profit and so can be a presidential candidate.

Nomination and Deposit

The nomination of a candidate must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Every candidate must make a security deposit of Rs 15,000 in the Reserve Bank of India, which is forfeited if the candidate fails to secure one-sixth of the votes polled. Before 1997 there were ten proposers and ten seconders and the deposit was Rs 2,500. In 1997 these were increased to discourage non-serious candidates. The rules are laid down in the Presidential and Vice-Presidential Elections Act of 1952, as amended in 1997.

Oath or Affirmation (Article 60)

Before entering upon office, the President makes and subscribes to an oath or affirmation, swearing: to faithfully execute the office; to preserve, protect and defend the Constitution and the law; and to devote himself or herself to the service and well-being of the people of India. The oath is administered by the Chief Justice of India, or in the Chief Justice’s absence, by the seniormost judge of the Supreme Court available. Any other person acting as President or discharging the functions of the President also takes a similar oath.

Conditions of Office (Article 59)

1. The President should not be a member of either House of Parliament or a House of a state legislature. If such a person is elected, the seat is deemed vacated on the date the person enters upon the office of President.
2. The President should not hold any other office of profit.
3. The President is entitled to the use of the official residence, Rashtrapati Bhavan, without payment of rent.
4. The President is entitled to emoluments, allowances and privileges determined by Parliament.
5. The emoluments and allowances cannot be diminished during the term of office.

In 2018 Parliament increased the President’s salary from Rs 1.50 lakh to Rs 5 lakh per month, with effect from 1 January 2016. In 2008 the pension of a retired President was increased from Rs 3 lakh per annum to 50% of the salary per month. Former Presidents get a furnished residence, phone facilities, a car, medical treatment, travel facility, secretarial staff and office expenses, and the spouse of a deceased President gets a family pension at 50% of the pension of a retired President.

Qualifications Compared with the Vice-President

Both must be citizens of India and at least 35 years old, and neither may hold an office of profit. The comparison is a recurring Prelims item.

Privileges and Immunities

The President enjoys personal immunity from legal liability for official acts. During the term of office the President is immune from any criminal proceedings, even for personal acts, and cannot be arrested or imprisoned. However, after giving two months’ notice, civil proceedings can be instituted against the President during the term in respect of personal acts.

Why Is This Topic Important?

• Numerical facts 35 years, 50 proposers, 15,000 deposit and one-sixth are asked
• Office of profit Exceptions appear in Prelims
• Immunities Civil versus criminal proceedings

What Came Next?

The next topic covers the impeachment of the President under Article 61.

Key People and Terms

• Office of profit Paid position under government
• Proposers and seconders 50 electors each
• Security deposit Rs 15,000, forfeited below one-sixth
• Oath Administered by the Chief Justice
• Immunity Protection from legal proceedings

Exam Corner

Mains Angle

Questions on this topic usually ask about the safeguards of the office. Use these points to add depth.

• Eligibility filters Deposit and proposers screen non-serious candidates
• Independence Emoluments cannot be reduced
• Immunity Protection with limits
• Neutrality No membership of any legislature