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Article 59 Of Indian Constitution In English
Article 59 – Conditions of Presidents 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 ot be diminished during his term of office.
Article 59 In English
59 Article – Terms of office of the President.
(1) The President shall not be a member of either House of Parliament or of either House of the Legislature of a State, and if a member of either House of Parliament or of either House of the Legislature of a State is elected President, he shall 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 for the use of his official residences and shall also be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and unless provision is made in this behalf. such emoluments, allowances and privileges as are specified in the Second Schedule.
(4) The emoluments and allowances of the President shall not be reduced during his term of office.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 59 Of Indian Constitution?
In Article 59 you see “Conditions of Presidents office” that means 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, more given above.
Article 59 Debate Summary
The Constituent Assembly debated the draft Article 48 (Article 59, Constitution of India, 1950) on 27 December 1948 and 14 October 1949. The draft article laid down the conditions for the office of the President, including emoluments and benefits. It was proposed to ensure that if the elected President was the ruler of a princely state, he would have to pay his privy purse based pension/allowance. This would be in line with the democratic and republican ideals of the Constitution.
The chairman of the drafting committee suggested that the issue was better dealt with later when the princely states acceded to the Indian Union. A member wanted to remove ‘the President shall be the official residence’ from clause 3. He was against the inclusion of such ‘important, such minor details’ in the Constitution; He said that the US Constitution does not mention the White House. The Chairman of the Drafting Committee pointed out in defense that the Government of India Act 1935 and several other British orders determined the official residences of the Governor-General and the Governors.
The drafting committee was merely codifying an already existing precedent. Another member introduced an amendment to add retirement benefits to the draft article. He argued that this provision was novel and that even the US Constitution had omitted to include such a provision. Many officials, including the Prime Minister, the Leader of the Opposition and the judges of the higher judiciary, enjoy a post-retirement pension.
It was important to pass this benefit to the former sovereign head of the nation. The chairman of the drafting committee found it impractical. He said that if a person is re-elected as the President, then according to the proposal, he will be entitled to pension for his previous term as President in addition to the salary of his present term and salary. However, he acknowledged that providing a pension to the President was a ‘plausible idea’, an initiative that future parliaments would pursue.
The assembly rejected all the original proposals. On 27 December 1948, it adopted the draft article with minor modifications. On 14 October 1949, the assembly reopened the article and adopted minor amendments.
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