Article 56

Article 56 of the Indian Constitution defines the term, tenure, resignation, and conditions of office of the President of India. It ensures continuity in the highest constitutional office and provides mechanisms for succession, resignation, and removal, thereby maintaining the stability and integrity of the Indian Republic.

Text of Article 56

Article 56 states:

1. The President shall hold office for a term of five years from the date on which they enter upon office:Provided that the President shall, notwithstanding the expiration of their term, continue to hold office until a successor enters upon office.
2. The President may, by writing under their hand addressed to the Vice-President, resign from office.
3. The President may be removed from office for violation of the Constitution by the process of impeachment as provided in Article 61.
4. The office of President shall vacate in the following circumstances:
   • By resignation,
   • By removal through impeachment, or
   • By death or any other reason resulting in incapacity to hold office.
5. An election to fill a vacancy caused by the expiration of the President’s term shall be held before the expiration of the term to ensure that there is no disruption in the continuity of the office.

Duration of Office

The President of India holds office for five years from the date of entering office. However, under the proviso to Article 56(1), the President continues to hold office until a successor assumes charge, ensuring that there is no vacancy in the highest constitutional office even after the official term expires.
The President may, however, seek re-election and can serve multiple terms, as there is no constitutional limitation on the number of terms one can hold the office.

Resignation and Communication

Under Article 56(2), the President can resign from office at any time by addressing a written resignation to the Vice-President of India. Upon receipt, the resignation takes effect immediately, and the Vice-President assumes charge as the Acting President until a new President is elected.
The resignation is also communicated to the Speaker of the Lok Sabha, ensuring transparency and proper parliamentary record.

Impeachment and Removal

The President can be removed from office only for violation of the Constitution, as per the procedure laid down in Article 61. This is known as the impeachment process, one of the most stringent procedures in the Constitution.
Procedure for Impeachment:

1. The process can begin in either House of Parliament.
2. The charge must be supported by one-fourth of the total members of that House.
3. A 14-day notice must be given before moving the resolution.
4. The resolution must then be passed by a two-thirds majority of the total membership of the initiating House.
5. The other House investigates the charge, and if it also passes the resolution by a two-thirds majority, the President stands removed from office.

This process ensures a system of checks and balances and protects the office of the President from arbitrary removal.

Vacancy and Acting President

A vacancy in the office of the President may arise due to:

• Expiration of term,
• Resignation,
• Removal through impeachment, or
• Death or other reasons such as incapacity.

When such a vacancy occurs:

• The Vice-President of India acts as the President until a new President is elected.
• An election to fill the vacancy must be held within six months, ensuring continuity in governance.
• During this period, the Vice-President exercises all powers and functions of the President under Article 65.

Eligibility Criteria for the President

To be eligible for election as President, a person must:

• Be a citizen of India.
• Have completed 35 years of age.
• Be qualified to be a member of the Lok Sabha.
• Not hold any office of profit under the Government of India, any State, or local authority.

Certain offices such as those of the President, Vice-President, Governors, and Ministers are not treated as offices of profit for this purpose.

Election Process

The President is elected through an indirect election by an Electoral College, as specified in Article 54.
This Electoral College consists of:

• Elected members of both Houses of Parliament.
• Elected members of the Legislative Assemblies of all States and certain Union Territories.

The election follows the principle of proportional representation by means of a single transferable vote, and voting is conducted through a secret ballot to ensure independence and fairness.

Oath of Office

Before assuming office, the President takes an oath or affirmation under Article 60. The oath is administered by the Chief Justice of India or, in their absence, the senior-most judge of the Supreme Court available.
The oath requires the President to:

• Preserve, protect, and defend the Constitution and the law.
• Devote themselves to the service and well-being of the people of India.

This oath underscores the constitutional and moral obligations associated with the office.

Judicial Review

Although the President enjoys certain constitutional immunities under Article 361, their actions are subject to judicial review to ensure that they are in conformity with the Constitution.
The courts have affirmed that while the President acts on the advice of the Council of Ministers, the validity of executive actions can be reviewed if they contravene constitutional provisions.

Significance of the Office

The President, as the ceremonial head of the State, plays a pivotal role in maintaining the stability, unity, and constitutional governance of the nation.

• The President acts as a symbol of national unity, representing India domestically and internationally.
• The office ensures that all governmental actions are carried out within constitutional limits.
• In times of political uncertainty, the President acts as a constitutional safeguard, ensuring the continuity of democratic governance.

Historical Context

Dr. Rajendra Prasad, the first President of India, served from 1950 to 1962—the only President to have served two consecutive terms. His tenure established crucial conventions for the functioning of the office, defining the President’s role in a parliamentary democracy.

Relevant Constitutional Provisions

• Article 52: Establishes the office of the President.
• Article 53: Vests the executive power of the Union in the President.
• Article 54: Provides for the election of the President.
• Article 55: Details the manner of election.
• Article 61: Prescribes the procedure for impeachment.

Together, these articles form the constitutional framework governing the President’s office, powers, and tenure.

Important Judicial Interpretations

• Shankari Prasad v. Union of India (1951): Examined Parliament’s amending powers in the context of the President’s role in giving assent to constitutional amendments.
• Indira Gandhi v. Raj Narain (1975): Discussed the President’s constitutional responsibilities and the sanctity of elections.
• K. S. Puttaswamy v. Union of India (2017): Reaffirmed the importance of constitutional provisions and the President’s role as a guardian of constitutional values.

Conclusion

Article 56 of the Indian Constitution establishes a comprehensive framework for the term, tenure, and succession of the President of India. It ensures continuity in the highest constitutional office while maintaining accountability through provisions for resignation, impeachment, and judicial oversight.