Actual Article
Article 57: Eligibility for re-election
A person who holds, or who has held, office as President shall be eligible for re-election to that office, subject to the other provisions of this Constitution.
UPSC Notes for Article 57
Explanation:
- Eligibility for Re-election: Article 57 states that any individual who is currently holding or has previously held the office of the President of India is eligible to run for re-election. This means there are no term limits imposed on the Presidency, allowing former Presidents to be re-elected if they meet the other qualifications set by the Constitution.
- Objective: The article aims to provide continuity and the option of re-electing experienced leaders who have previously served as President.
Key Points:
- No Term Limits: The Constitution does not restrict the number of times a person can be re-elected as President, ensuring flexibility in choosing experienced leaders.
- Continuity and Experience: Allows for the possibility of continuity in leadership and the re-election of a proven President.
Important Cases and Commissions Related to Article 57
Cases:
- V.V. Giri vs. D. Raja Gopalan (1970): Discussed the nuances of presidential elections and the eligibility criteria for candidates, reinforcing the principles laid out in Article 57.
- Pratibha Patil vs. Union of India (2007): Focused on the procedural aspects of presidential elections, upholding the eligibility for re-election as provided under Article 57.
Commissions:
- Election Commission of India: Regularly oversees and ensures the proper conduct of presidential elections, including the re-election processes in accordance with Article 57.
- Constitutional Review Commission: Has, on various occasions, reviewed the provisions related to the election and re-election of the President to ensure they remain relevant and effective.
Important Reports Related to Article 57
- Election Commission Reports: Provide detailed analysis and recommendations on the conduct of presidential elections, including guidelines for re-election processes.
- Law Commission Reports: Discuss various aspects of electoral reforms, including those related to the presidency and re-election eligibility, ensuring transparency and fairness.
Previous Year Prelims Questions Related to Article 57
- Which Article of the Indian Constitution provides for the eligibility for re-election of the President?
- A. Article 54
- B. Article 56
- C. Article 57
- D. Article 58 Correct Answer: C. Article 57
- According to Article 57 of the Indian Constitution, a person who has held the office of President:
- A. Is not eligible for re-election
- B. Is eligible for re-election subject to the other provisions of the Constitution
- C. Can serve only two terms
- D. Must take a five-year gap before re-election Correct Answer: B. Is eligible for re-election subject to the other provisions of the Constitution
Previous Year Mains Questions Related to Article 57
- Mains 2015: “Analyze the significance of Article 57 in ensuring continuity and experience in the office of the President of India. What are the potential advantages and disadvantages of allowing unlimited re-elections?”
- Mains 2019: “Discuss how Article 57 of the Indian Constitution balances the principles of democratic choice and continuity in leadership. Provide examples of how this provision has been applied in India’s presidential elections.”
Additional Insights:
- Historical Context: Article 57 provides an opportunity to re-elect experienced Presidents, ensuring their valuable experience can be utilized for the country’s benefit.
- Global Comparison: Unlike some countries that impose term limits on their heads of state, India’s provision under Article 57 offers flexibility, similar to countries like Germany, where the President can serve multiple terms.
- Practical Implications: While it allows for continuity and experience, the provision also means that there needs to be vigilance to ensure that the democratic process is not compromised and that there are fair opportunities for new candidates.
By understanding Article 57, UPSC aspirants can gain insights into the constitutional provisions related to the eligibility for re-election of the President of India. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the flexibility and continuity within the highest constitutional office in India.