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What Is Constitution Of India Article 59?

Answer By law4u team

Constitution Of India Article 59: Conditions of President's Office

(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.

Brief Detail

Article 59 of the Constitution of India outlines the conditions under which the President holds office. It stipulates that the President cannot be a member of Parliament or any State Legislature, cannot hold any other office of profit, and is entitled to emoluments, allowances, and privileges determined by law. Additionally, these entitlements cannot be reduced during their term in office.

Question & Answers

Can the President of India be a member of Parliament or any State Legislature?

No, the President cannot be a member of either House of Parliament or of a State Legislature. If a member is elected as President, they vacate their seat in that House.

What are the entitlements of the President?

The President is entitled to the use of official residences without payment of rent and to emoluments, allowances, and privileges determined by law, as specified in the Second Schedule.

Example

The President of India, Ram Nath Kovind, while holding office, did not hold any other office of profit and continued to receive the specified emoluments and allowances as per constitutional provisions.

Summary

Article 59 outlines the conditions for the President's office, including disqualification from being a member of Parliament or any State Legislature, prohibition from holding any other office of profit, and guarantees regarding emoluments and allowances during the term of office.

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