Article 59 of the Indian Constitution: Conditions of President's Office

12/18/20233 min read

Mount Rushmore
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Introduction

The President of India is the head of state and the first citizen of the country. The office of the President is a vital institution in the Indian democratic system. Article 59 of the Indian Constitution outlines the conditions that govern the President's office, ensuring that the occupant of this prestigious position upholds the principles of democracy, justice, and the rule of law.

Qualifications for the President

Article 59(1) of the Indian Constitution sets out the qualifications required to hold the office of the President. According to this article, a person aspiring to be the President must:

  1. Be a citizen of India
  2. Be at least 35 years of age
  3. Be qualified for election as a member of the Lok Sabha (the lower house of the Indian Parliament)

These qualifications ensure that the President is a seasoned individual with a deep understanding of the Indian political system and its democratic values.

Election and Term of Office

Article 59(2) of the Indian Constitution deals with the election of the President. The President is elected by an electoral college, which consists of the elected members of both houses of Parliament and the elected members of the Legislative Assemblies of the States.

The term of office for the President is five years, as stated in Article 59(3) of the Constitution. However, the President can be re-elected for any number of terms. This provision ensures stability and continuity in the highest office of the country.

Oath or Affirmation by the President

Article 59(4) of the Indian Constitution mandates that before entering upon the office, the President shall make and subscribe an oath or affirmation in the presence of the Chief Justice of India or, in their absence, the senior-most judge of the Supreme Court.

The oath or affirmation is a solemn promise to faithfully execute the duties of the President's office and to uphold the Constitution and the laws of the country.

Discharge of Duties

Article 59(5) of the Indian Constitution outlines the conditions under which the President can discharge their duties. According to this article, the President can exercise their powers directly or through officers subordinate to them. The President can also appoint officers to assist them in the performance of their functions.

However, the President cannot assume any executive functions of the government of a State, as specified in Article 59(6). This provision ensures the separation of powers between the President and the State governments, maintaining the federal structure of the Indian Constitution.

Impeachment of the President

Article 61 of the Indian Constitution deals with the impeachment of the President. If the President violates the Constitution or is involved in any gross misconduct, the President can be impeached by Parliament.

The process of impeachment begins with a resolution passed by either house of Parliament, followed by an investigation by a committee of members from both houses. If the committee finds the President guilty of the charges, a resolution for impeachment can be passed by a special majority in both houses.

Impeachment is a serious step and serves as a safeguard against any abuse of power by the President. It ensures that the President remains accountable to the people and the Constitution.

Conclusion

Article 59 of the Indian Constitution lays down the conditions that govern the office of the President. These conditions ensure that the President is a qualified individual who upholds the principles of democracy, justice, and the rule of law. The President's office plays a crucial role in the Indian democratic system, and the conditions outlined in Article 59 ensure the smooth functioning of this important institution.

It is important for every citizen to understand the provisions of Article 59 and the role of the President in order to actively participate in the democratic process and contribute to the growth and development of the nation.