Actual Article
Article 56: Term of office of President
- The President shall hold office for a term of five years from the date on which he enters upon his office:
- Provided that—
- (a) the President may, by writing under his hand addressed to the Vice-President, resign his office;
- (b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61;
- (c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
- Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.
UPSC Notes for Article 56
Explanation:
- Term of Office: Article 56 specifies that the President of India holds office for a term of five years, starting from the day they assume office.
- Resignation: The President can resign by addressing a written resignation to the Vice-President of India.
- Impeachment: The President can be removed from office for violating the Constitution, through a process of impeachment as provided in Article 61.
- Continuation in Office: Even after the expiration of the five-year term, the President continues to hold office until a successor assumes the position.
Key Points:
- Fixed Term: Ensures stability and continuity in the highest constitutional office with a defined five-year term.
- Resignation Process: Provides a clear procedure for resignation to maintain the dignity and orderliness of the office.
- Impeachment: Establishes a mechanism to hold the President accountable for constitutional violations.
- Succession: Prevents a vacancy in the office of the President by allowing the incumbent to continue until a new President takes over.
Important Cases and Commissions Related to Article 56
Cases:
- Dr. N. B. Khare vs. Election Commission of India (1957): Discussed the interpretation of the President’s term and the circumstances under which the term could be curtailed or extended.
- Indira Nehru Gandhi vs. Raj Narain (1975): While primarily focused on the election of the Prime Minister, it highlighted the importance of maintaining the sanctity and stability of constitutional offices, including that of the President.
Commissions:
- Venkatachaliah Commission (2002): Recommended several electoral reforms, including those related to the election and term of the President, emphasizing the need for maintaining the dignity and impartiality of the office.
Important Reports Related to Article 56
- Law Commission of India Reports: Various reports by the Law Commission have touched upon the aspects of presidential terms and the electoral process, reinforcing the need for transparency and fairness.
- Administrative Reforms Commission (ARC) Reports: Recommended measures to enhance the functioning and stability of constitutional offices, including that of the President.
Previous Year Prelims Questions Related to Article 56
- What is the term of office of the President of India as specified in the Constitution?
- A. 4 years
- B. 5 years
- C. 6 years
- D. 7 years Correct Answer: B. 5 years
- Under which Article can the President of India resign from office by writing to the Vice-President?
- A. Article 54
- B. Article 55
- C. Article 56
- D. Article 57 Correct Answer: C. Article 56
Previous Year Mains Questions Related to Article 56
- Mains 2013: “Discuss the significance of the term of office of the President of India as outlined in Article 56 of the Constitution. How does this provision ensure stability and continuity in governance?”
- Mains 2018: “Evaluate the process of impeachment of the President of India as provided in the Constitution. How does Article 56, in conjunction with Article 61, ensure accountability of the highest office?”
Additional Insights:
- Significance: Article 56 ensures that the office of the President remains stable and uncontroversial, contributing to the overall stability of the Indian democratic framework.
- Impeachment Process: Detailed in Article 61, the process of impeachment is rigorous, requiring a high threshold of consensus, thus safeguarding the office from frivolous or politically motivated actions.
- Transition: By allowing the President to continue in office until a successor is ready, Article 56 prevents any power vacuum, ensuring a seamless transition.
By understanding Article 56, UPSC aspirants can gain insights into the constitutional provisions that govern the term, resignation, and impeachment of the President of India. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the role and stability of the highest constitutional office in India.