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Article 58

Eligibility Criteria and Disqualifications for President

Official heading: “Qualifications for election as President”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part V, Article 58, printed page 28
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1. In One Sentence

Article 58 sets out the essential qualifications for presidential candidates—citizenship, minimum age of 35, and qualification for Lok Sabha—and bars individuals holding an office of profit under the government.

2. What It Means in Everyday Language

Article 58 prescribes the eligibility criteria required for any person seeking election as President of India: they must be a citizen of India, must have completed the age of thirty-five years, and must possess the qualifications required to become a member of the Lok Sabha.

Clause (2) establishes a strict conflict-of-interest bar: a candidate is disqualified if they hold any "office of profit" under the Government of India, the government of any State, or any local or public authority controlled by those governments.

The Explanation creates a crucial exception to the office-of-profit rule: sitting political officeholders—including the President, Vice-President, State Governors, and Union or State Ministers—are not treated as holding an office of profit for the purpose of contesting the election.

3. Practical Illustrative Example

Everyday Scenario:

A sitting Union Cabinet Minister or State Governor files nomination papers to contest the upcoming presidential election.

Core takeaway: Under the Explanation to Article 58, their ministerial or gubernatorial post is not an office of profit; they do not need to resign before submitting their nomination.
Illustrative Notice: If elected, however, Article 59 requires them to vacate any legislative seat or other post upon entering the presidential office.

4. Important Limits, Qualifications & Exceptions

Article 58 specifies positive qualifications and negative conflicts of interest for presidential aspirants.

  • Positive qualifications: Indian citizenship, minimum age 35, and Lok Sabha eligibility.
  • Office of profit disqualification prevents state employees and bureaucrats from leveraging public resources.
  • Express exceptions protect active political leaders (Ministers, Governors, VP) from resignation requirements during candidacy.
  • Nomination rules, security deposits, and proposers/seconders are regulated by the Presidential and Vice-Presidential Elections Act, 1952.

5. Operative Constitutional Text

(1) No person shall be eligible for election as President unless he— (a) is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 58, printed page 28 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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