सं Samvidhan

The Constitution of India

Article 59

Conditions of President's office

Why this exists

The framers wanted the President to be a neutral, non-partisan head of state, above the daily push and pull of legislative politics and outside employment. Barring the President from holding a legislative seat or another paying job ensures full-time, undivided, impartial service. Guaranteeing free housing, fixed emoluments, and protection against pay cuts during the term insulates the President financially from political pressure, similar to protections given to judges, so the office holder cannot be squeezed or influenced through money.

Common misconceptions
  • Myth: The President must formally resign from Parliament or the state legislature before taking oath.
    Fact: No resignation is needed — the seat is automatically deemed vacated the moment the person enters office as President, as stated in clause (1).
  • Myth: The President's salary and perks are fixed forever by the Constitution and can never change.
    Fact: The Second Schedule amounts apply only until Parliament passes a law fixing different emoluments and allowances; Parliament can update these, but cannot reduce them during a sitting President's term.