Article 59 of the Costitution of India with Case law
Article 59 of the Constitution of India deals with the conditions of the President’s office. Here's a detailed explanation along with relevant case law:
🔸 Article 59 – Conditions of the President’s Office
Text of Article 59:
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 is 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.
The President shall not hold any other office of profit.
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.
The emoluments and allowances of the President shall not be diminished during his term of office.
🔹 Purpose of Article 59:
To ensure the neutrality and dignity of the office of the President.
To avoid conflict of interest by prohibiting the President from holding other offices or legislative positions.
To secure financial independence and dignity through guaranteed emoluments and privileges.
⚖️ Relevant Case Laws:
1. R.C. Cooper v. Union of India (1970 AIR 564)
Issue: Presidential assent and independence of constitutional functionaries.
Relevance: The case underscores the importance of constitutional roles such as the President, emphasizing the necessity of ensuring freedom from influence—reinforcing the rationale behind provisions like Article 59(2).
2. U.N.R. Rao v. Indira Gandhi (AIR 1971 SC 1002)
Issue: Office of profit and conflict of interest.
Relevance: Though this case directly pertained to MPs, it discussed the broader concept of “office of profit,” shedding light on why the President must not hold any such office under Article 59(2).
3. Surya Narain Choudhary v. Union of India (AIR 1984 Raj 191)
Issue: Eligibility and condition of holding offices.
Relevance: Clarified the restrictions under Article 59 regarding holding dual positions and emphasized upholding the constitutional bar on other offices of profit.
📝 Summary:
Article 59 ensures the President remains apolitical and free from conflict of interest.
The President cannot be a legislator or hold any office of profit.
Emoluments cannot be reduced during their term to preserve dignity and independence.
Case laws have helped interpret and uphold these safeguards.
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