Article 57 of the Indian Constitution deals with the important aspect of the President’s term in office, specifically addressing the eligibility of a person to be re-elected to the high office of the President. It is a concise article but holds significant implications for the continuity and democratic process concerning the Head of State in India.
This article ensures that holding or having held the office of President does not disqualify a person from seeking the office again, thereby allowing for potential continuity in leadership if the electorate chooses.
Original Text
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.
Detailed Explanation
Article 57 simply and clearly states that an individual who is currently serving as the President of India, or who has served as the President at any point in the past, is eligible to be re-elected to the same office. This eligibility is not automatic and is explicitly made “subject to the other provisions of this Constitution.”
This clause, “subject to the other provisions of this Constitution,” is crucial. It means that while previous or current service as President does not disqualify someone from seeking re-election, they must still fulfill all other constitutional requirements for eligibility as laid down in Article 58 (qualifications for election as President) and must successfully navigate the electoral process as outlined in Articles 54 and 55. They must still be a citizen of India, be at least 35 years of age, be qualified for election as a member of the House of the People, and not hold any office of profit under the Union or state governments or any local or other authority subject to the control of any of the said Governments. Furthermore, they must be nominated, elected by the electoral college, and the election must be conducted according to the procedure established by law.
Unlike some other constitutions, such as that of the United States where a person can be elected to the office of President only twice (under the 22nd Amendment), the Indian Constitution places no explicit limit on the number of terms a person can serve as President. Article 57 merely makes a serving or former President eligible for re-election any number of times. The actual number of terms a President serves is determined by their ability to meet the eligibility criteria and win the presidential election each time. In practice, however, no Indian President has served for more than two full terms (Dr. Rajendra Prasad being the only exception who served two full terms and a short initial term). This has largely been a political convention rather than a constitutional restriction.
Detailed Notes
- Eligibility Defined: Article 57 deals with who is eligible for re-election as President.
- Who is Eligible: Any person who currently holds the office of President OR any person who has previously held the office of President.
- For Which Office: Re-election to the office of President of India.
- Crucial Caveat: Eligibility is “subject to the other provisions of this Constitution.”
- Meaning of Caveat: This eligibility is not absolute. The person must still meet all other constitutional qualifications (Article 58) and follow the election procedure (Articles 54, 55).
- No Term Limit Specified: The article does not specify any limit on the number of times a person can be re-elected.
- Contrast with US: Unlike the US (22nd Amendment - two terms limit), the Indian Constitution does not impose a constitutional limit on the number of terms.
- Indian Practice: Historically, Indian Presidents have served a maximum of two terms, which is based on convention, not a constitutional mandate from Article 57.
- Purpose: Ensures that experience in the office does not become a disqualification for seeking it again, allowing for potential continuity based on the will of the electoral college.
Additional Comments
- The phrase “subject to the other provisions of this Constitution” makes it clear that eligibility under Article 57 is conditional upon fulfilling all other relevant constitutional mandates, including qualifications and election procedures.
- While Article 57 allows for unlimited re-elections in principle, the convention of a maximum of two terms is a significant unwritten rule in Indian presidential politics.
- This article highlights a fundamental difference between the Indian parliamentary system (with an indirectly elected President) and presidential systems like the USA regarding the re-eligibility of the head of state/government.
Summary
Article 57 of the Indian Constitution stipulates that any individual currently serving as the President or who has previously served in that office is eligible to be re-elected as President. This eligibility is conditional upon satisfying all other constitutional requirements and successfully navigating the presidential election process. The Constitution does not place a limit on the number of terms a person can serve as President, although a political convention for a maximum of two terms has historically been followed in India.