Which of the following statements about the President of India is correct?

Concept

Article 59(1) of the Constitution of India fixes the constitutional status of the President while in office: the President shall not be a member of either House of Parliament or of a House of the Legislature of any State. The office of President is a separate constitutional office that stands apart from the legislature.

Application

Because the President cannot simultaneously hold a legislative seat, the statement that the President shall not be a member of either House of Parliament or of a House of the Legislature of any State is the one that conforms to Article 59(1). The same article adds that if a sitting member of Parliament or of a State Legislature is elected President, that person is deemed to have vacated the legislative seat on the date of entering office.

Contrast

Comparing the other statements against Article 59:

• A requirement to be a member of the Rajya Sabha contradicts the rule that the President holds no legislative seat at all.

• A requirement to be a member of the Lok Sabha likewise conflicts with Article 59(1); election to the Presidency vacates any such seat.

• A requirement to be a member of a State Legislature is the same error in a different House; the President belongs to no legislature, Union or State.

Hence the only statement consistent with the Constitution is that the President is not a member of any House of Parliament or of any State Legislature.