The Constitution of India
Article 58
Qualifications for election as President
(1) No person shall be eligible for election as President unless he—
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State
Why this exists
The framers wanted the President—the ceremonial head of state—to be a person of stature, minimum maturity, and independence from ongoing government employment, ensuring the office is not compromised by conflicts of interest. The office-of-profit bar prevents someone dependent on government salary or patronage from simultaneously holding executive influence and seeking the presidency, while the explanation carves out constitutional post-holders (like sitting Governors or Ministers) so that active public servants in these specific roles aren't unfairly excluded.
How courts read it
There is no major Supreme Court judgment specifically reinterpreting Article 58; the qualifications are largely self-explanatory and matters of eligibility are typically examined during the nomination scrutiny process by the Returning Officer for the presidential election, subject to challenge under the Presidential and Vice-Presidential Elections Act, 1952.
Common misconceptions
- Myth: A sitting Chief Minister or Governor cannot contest for President because they hold a government post.
Fact: The Explanation clause specifically excludes Governors and Ministers (Union or State) from the 'office of profit' disqualification, so they remain eligible to contest. - Myth: Article 58 lets any citizen aged 35+ become President regardless of other rules.
Fact: The person must also separately meet the qualifications required for Lok Sabha membership, which involves additional conditions under other laws and constitutional provisions.