Article 59

Conditions, Emoluments, and Immunities of Presidential Office

Official heading: “Conditions of President's office”

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 59, printed page 28
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 59 prohibits the President from holding legislative membership or any other office of profit, and guarantees official residence and emoluments that cannot be diminished during their term.

2. What It Means in Everyday Language

Article 59 protects the independence and impartiality of the presidency by imposing strict separation from legislative and commercial interests. The President cannot be a member of either House of Parliament or any State Legislature; if an elected legislator becomes President, their seat is automatically deemed vacated on assuming office.

Clause (2) reinforces this independence by completely barring the President from holding any other office of profit during their tenure.

Clauses (3) and (4) provide institutional security: the President is entitled to the rent-free use of official residences (Rashtrapati Bhavan, Rashtrapati Niwas, etc.) and to emoluments, allowances, and privileges determined by Parliament by law. Crucially, these emoluments and allowances cannot be diminished during the President’s term of office.

3. Practical Illustrative Example

Everyday Scenario:

During an economic crisis, Parliament debates a general salary reduction bill for high-ranking public servants.

Core takeaway: Under Article 59(4), Parliament cannot reduce the salary or allowances of the sitting President during their current term of office.

Illustrative Notice: During a Financial Emergency declared under Article 360, special constitutional provisions permit salary reductions for certain officials, but regular legislation cannot diminish presidential pay.

4. Important Limits, Qualifications & Exceptions

Article 59 safeguards executive neutrality and financial independence.

Automatic vacation of parliamentary or state legislative seats upon entering presidential office.
Total prohibition on holding any secondary office of profit.
Constitutional guarantee of rent-free official residence and parliamentary emoluments.
Non-diminution rule prevents legislative coercion through financial pressure.

5. Operative Constitutional 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.

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

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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 59, 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