Article 58 of the Costitution of India with Case law
Article 58 of the Constitution of India deals with the qualifications for election as President of India.
🔹 Text of Article 58 – Constitution of India
Article 58(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.
Article 58(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: 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.
🔹 Key Points
Citizenship – Only Indian citizens are eligible.
Minimum Age – 35 years.
Lok Sabha Eligibility – Must be eligible for election as a member of the Lok Sabha.
Office of Profit Restriction – Cannot hold an office of profit (except as specified).
🔹 Important Case Laws related to Article 58
✅ Jagan Nath vs Union of India (AIR 1957 SC 718)
Facts: A petition was filed challenging Dr. Rajendra Prasad’s election as President, claiming he did not meet the qualifications under Article 58.
Judgment: The Supreme Court held that the eligibility criteria mentioned in Article 58 are exhaustive. As long as the candidate fulfills these, he is eligible.
Significance: Reinforced that only the criteria in Article 58 are to be considered when assessing a candidate's eligibility.
✅ Indira Nehru Gandhi vs Raj Narain (1975 AIR 2299)
Though not directly on Article 58, this case is relevant because it discussed electoral qualifications and office of profit in detail, underlining that democratic eligibility must strictly follow constitutional requirements.
✅ Dr. Subramanian Swamy vs Election Commission of India (2008)
While primarily addressing election procedures, it supported the notion that any violation of qualifications under Article 58 would make a nomination invalid and subject to challenge under Article 71.
🔹 Conclusion
Article 58 lays down strict and minimal qualifications for a person to be elected as the President of India. These criteria ensure the integrity, maturity, and suitability of the officeholder without being discriminatory. Judicial interpretations have consistently upheld the sanctity and exclusivity of these constitutional requirements.
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