Articles 58, 59 and 60 of the Constitution of India: President Qualifications, Office Conditions and Oath
Articles 58, 59 and 60 in Part V of the Constitution of India set out the constitutional qualifications for election as President, the conditions attached to the President's office, and the oath or affirmation required before entering office.
At a glance: Article 58 deals with eligibility for election as President; Article 59 regulates the conditions of the President's office; and Article 60 prescribes the oath or affirmation made before entering upon the office.
Article 58 - Qualifications for election as President
Article 58 defines who is constitutionally eligible to be elected President of India. The person must satisfy the citizenship, age and electoral qualification requirements stated in clause (1), and must also comply with the office-of-profit restriction in clause (2).
(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.
Meaning: Article 58 therefore requires Indian citizenship, a minimum age of 35 years, qualification for election to the Lok Sabha, and absence of a disqualifying office of profit. The Explanation identifies constitutional offices that do not by themselves amount to an office of profit for this purpose.
Article 59 - Conditions of President's office
Article 59 separates the office of President from legislative membership and other offices of profit, while also dealing with the official residence, emoluments, allowances and privileges of the President.
(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 such a member is elected President, the seat is deemed vacated on the date on which the person enters upon the office of President.
(2) The President shall not hold any other office of profit.
(3) The President is entitled, without payment of rent, to the use of official residences and to such emoluments, allowances and privileges as Parliament may determine by law and, until so provided, as specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be diminished during the term of office.
Article 60 - Oath or affirmation by the President
Article 60 requires every President, and every person acting as President or discharging the functions of the President, to make and subscribe the constitutional oath or affirmation before entering upon office. It is made in the presence of the Chief Justice of India or, in the Chief Justice's absence, the senior-most available Judge of the Supreme Court.
The constitutional form requires the office-holder to swear in the name of God, or solemnly affirm, that the office of President will be faithfully executed; that the Constitution and the law will, to the best of the office-holder's ability, be preserved, protected and defended; and that the office-holder will devote himself or herself to the service and well-being of the people of India.
How Articles 58, 59 and 60 work together
These provisions address three successive constitutional stages. Article 58 determines eligibility for election. Article 59 governs the institutional conditions that apply after election and entry into office. Article 60 requires the prescribed oath or affirmation before the President, or a person acting as President, enters upon the functions of the office.
Official constitutional text
For authoritative reference, consult the Constitution of India published by the Legislative Department, Ministry of Law and Justice, Government of India, and the India Code portal. The constitutional text should prevail if there is any difference between a summary on this page and the official publication.
Official Constitution of India - Legislative Department
India Code - Government of India
