The Presidents Emoluments and Pension Act, 1951
š The Presidentās Emoluments and Pension Act, 1951
š Overview
The Presidentās Emoluments and Pension Act, 1951 is a statute enacted by the Indian Parliament to regulate:
The salary (emoluments),
Allowances, and
Pension of the President of India, both during and after holding office.
The Act ensures that the office of the President ā the head of the Indian State and first citizen of India ā is maintained with dignity, independence, and without financial concerns, during or after tenure.
āļø Objective of the Act
To provide financial independence and dignity to the President.
To fix and revise the salary and benefits of the President of India.
To provide for pension, staff, travel, and residence of the former Presidents.
To enable revisions from time to time based on inflation, government finances, or changes in policy.
š Key Provisions of the Act
1. Section 1 ā Short Title and Commencement
This section declares the name of the Act and that it comes into force on the date notified by the Central Government.
2. Section 2 ā Emoluments (Salary) of the President
The President of India shall be entitled to a monthly salary as determined under this section.
Originally fixed in 1951, but amended multiple times over the years.
As per the latest amendment (as of 2018), the Presidentās salary is ā¹5,00,000 per month.
3. Section 3 ā Pension to Retired Presidents
Every person who has held the office of President is entitled to a pension at the rate fixed by the government.
If the President is re-elected or has held the office for more than one term, pension is not multiplied ā it is based on the last drawn salary.
Widows or family members of deceased Presidents may also receive pension/benefits under certain rules.
4. Section 3A ā Other Benefits to Retired Presidents
Former Presidents are entitled to:
A furnished residence without rent.
Medical facilities.
Secretarial staff.
Free telephone and travel facilities (including air and rail travel).
These benefits are provided to maintain the dignity of the former head of state.
5. Section 4 ā Allowances for Acting Presidents
If the Vice-President or any other person acts as President due to vacancy or absence, he/she shall be entitled to salary and privileges of the President during that period.
6. Section 5 ā Travelling Allowance and Daily Allowances
The President is entitled to travelling and daily allowances when:
Travelling in the performance of official duties.
On official tours or during relocation.
These are separate from the salary.
7. Section 6 ā Medical Facilities
The President and his/her family are entitled to free medical treatment, both in India and abroad, as per government rules.
8. Section 7 ā Power to Make Rules
The Central Government is empowered to make rules to carry out the purposes of the Act.
These rules govern pension disbursement, residence facilities, staffing, etc.
š§¾ Amendments to the Act
The Act has been amended several times, especially to revise the salary and pension in view of inflation and changing economic conditions.
Some key salary revisions:
| Year | Monthly Salary of President |
|---|---|
| 1951 | ā¹10,000 |
| 1998 | ā¹50,000 |
| 2008 | ā¹1,50,000 |
| 2018 | ā¹5,00,000 |
āļø Case Law Related to the Act
Though litigation involving the President's salary or pension is rare (due to the dignity of the office), some legal principles and judgments relate indirectly to the Presidentās entitlements and constitutional role.
1. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Context: Misuse of constitutional powers by Governors and Presidentās Rule.
Relevance: The Supreme Court observed that Presidentās actions must align with constitutional morality and public interest, reinforcing the non-political, dignified role of the office ā which is supported through adequate emoluments and facilities.
2. Union of India v. Jyoti Chit Fund (P) Ltd. (1976) 3 SCC 607
Issue: Use of Presidentās name in commercial activities.
Held: Court held that the office of the President must be protected from misuse, emphasizing that it must not be linked to profit or commercial influence ā reflecting the rationale for providing sufficient emoluments through the Act.
3. In re: Presidential Reference (1998) (Kargil War Reference)
Although not about salary, the Court reiterated the dignified, ceremonial, and constitutional position of the President, which justifies independent salary and pension benefits under the 1951 Act.
š§ Key Principles of the Act
Financial Independence: Ensures the President is not influenced by political or financial pressures.
Dignity of Office: Maintains the respect and honor attached to the highest constitutional post.
Continuity of Welfare: Provides post-retirement support to the former President and their families.
Constitutional Sanctity: Aligns with Article 59 of the Constitution, which prescribes emoluments for the President.
āļø Constitutional Backing
This Act is enacted under the authority of Article 59(3) of the Constitution of India, which states:
āThe emoluments and allowances of the President shall be determined by Parliament by lawā¦ā
Hence, this Act is the statutory implementation of that constitutional provision.
ā Summary
| Feature | Details |
|---|---|
| Enacted | 1951 |
| Applies to | President of India (sitting and former) |
| Governs | Salary, pension, allowances, and benefits |
| Current Salary | ā¹5,00,000 per month (as per 2018 revision) |
| Pension | Payable to former Presidents |
| Additional Benefits | Residence, staff, travel, medical |
| Constitutional Basis | Article 59 of the Indian Constitution |
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