Article 56 of the Indian Constitution lays down the fundamental provisions regarding the tenure of the office of the President of India. It specifies the duration for which the President holds office and the conditions under which this term can be terminated before its completion. This article is crucial for understanding the stability and continuity of the highest office in the Union executive.
This article outlines the normal five-year term of the President, along with the exceptional circumstances of resignation, removal through impeachment, and the provision for the President to continue in office beyond the term until a successor assumes charge. It forms a vital part of the constitutional framework governing the President’s role and responsibilities.
Original Text
(1) 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.
(2) 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.
Detailed Explanation
Article 56 delineates the term and conditions related to the President’s tenure in office.
Clause (1) establishes the standard term for the President. It specifies that the President shall serve for a period of five years. This term begins not from the date of election results or notification, but precisely from the date on which the newly elected President assumes office by taking the oath. This fixed term provides stability to the head of state’s position.
The proviso attached to Clause (1) then outlines the ways in which the President’s term can end prematurely or be extended under specific circumstances:
- Proviso (a) deals with voluntary termination of office by the President. It states that the President has the right to resign from office at any time. The resignation must be in writing and must be addressed specifically to the Vice-President of India. The act of addressing the resignation to the Vice-President is a constitutional formality, indicating the recipient of the official communication.
- Proviso (b) provides for the involuntary removal of the President from office. This can only happen through impeachment for ‘violation of the Constitution’. The process for such impeachment is not detailed in Article 56 itself but is explicitly referred to Article 61. This clause underscores the principle of constitutional accountability and provides a mechanism to remove a President who acts against the basic law of the land.
- Proviso (c) addresses the critical need for continuity in the office of the President. It mandates that even if the President’s five-year term has expired, he or she will not vacate the office immediately. The incumbent President continues to hold office until the newly elected successor officially enters upon their office. This prevents any vacuum in the presidency and ensures a smooth transition of power.
Clause (2) specifies the procedure following the President’s resignation. It states that once the Vice-President receives the written resignation from the President, the Vice-President is constitutionally obligated to immediately communicate this information to the Speaker of the House of the People (Lok Sabha). This ensures transparency and formal notification to the popularly elected house of Parliament regarding the vacancy created by the President’s resignation.
Detailed Notes
- The President holds office for a term of five years.
- The term commences from the date the President enters upon his office (takes the oath).
- The President’s term can end prematurely in two ways:
- By resignation.
- By removal through impeachment.
- Resignation:
- Must be in writing.
- Must be addressed to the Vice-President.
- Removal by Impeachment:
- Ground for impeachment is ‘violation of the Constitution’.
- The procedure for impeachment is detailed in Article 61.
- Continuation in office:
- Even after the expiry of the five-year term, the incumbent President continues to hold office.
- This continues until the successor enters upon his office.
- This provision ensures there is no vacancy or break in the office of the President.
- Communication of Resignation:
- Upon receiving the President’s resignation, the Vice-President must forthwith (immediately) communicate it.
- The communication is made to the Speaker of the House of the People (Lok Sabha).
Additional Comments
- Article 56 lays down the fixed term for the President, providing stability, but also includes checks like impeachment.
- The provision for the President to continue until the successor takes charge (Proviso c) is vital for maintaining constitutional continuity and preventing an interregnum.
- The resignation being addressed to the Vice-President and then communicated to the Speaker highlights the checks and balances within the system, involving both the executive (VP) and the legislature (Speaker).
- Article 61, which is referenced in Article 56(1)(b), provides the detailed, stringent procedure for the impeachment of the President, requiring a special majority in both Houses of Parliament.
Summary
The President of India is elected for a fixed term of five years, commencing from the date of assuming office. This term can conclude earlier if the President chooses to resign by addressing a written resignation to the Vice-President, or if removed from office through impeachment by Parliament for violating the Constitution, following the process outlined in Article 61. A critical provision ensures continuity in the office: the incumbent President remains in office beyond the five-year term until the duly elected successor enters upon their duties. Any resignation received by the Vice-President must be promptly communicated to the Speaker of the Lok Sabha.