Maarg Manthan · Topic 13.3

Term of Office and Eligibility for Re-election (Articles 56–57)

Indian Polity › President · Topic 13.3

The President serves five years from entering office, may resign to the Vice-President, continues until the successor takes charge, and is eligible for re-election any number of times; only Dr Rajendra Prasad has served two terms.

5 min read · UPSC Prelims · Polity · President

At a Glance

What it is The five-year term of the President and the right to be re-elected
Articles Article 56 (term) and Article 57 (re-election)
Term Five years from entering upon office
Re-election Allowed any number of times
Exam link UPSC Prelims, Polity: President

Where Does It Fit?

This is the third topic of the category on the President. The Constitution fixes a term for the President, protects continuity until a successor arrives, and does not limit the number of terms.

The Five-Year Term

The President holds office for a term of five years from the date on which the President enters upon office. The President may resign at any time by addressing the resignation letter to the Vice-President. The President can also be removed before completing the term by the process of impeachment for violation of the Constitution. The term can extend beyond five years: the President holds office until the successor assumes charge, and this rule prevents an interregnum.

Continuing Until the Successor Arrives

When the vacancy is going to be caused by the expiry of the term, an election must be held before the term ends. If for any reason the election of the new President is delayed, the outgoing President continues in office beyond five years until the successor assumes charge. In this situation, the Vice-President does not get the opportunity to act as President or to discharge the functions of the President. The new President then serves a full five-year term from the date of assuming charge.

Eligibility for Re-election (Article 57)

The President is eligible for re-election to that office and may be elected for any number of terms. In practice, no person except Dr Rajendra Prasad has occupied the office for two terms. He was elected in 1952 and again in 1957. In the USA, by contrast, a person cannot be elected to the office of President more than twice, so the Indian Constitution is more permissive than the American.

The tenure is counted from the date the President enters upon office, and not from the date of the election result. Resignation is made through a letter to the Vice-President, who is the first functionary to act as President in a vacancy. When a President resigns, is removed or dies, the election of the successor must be held within six months, and the new President serves a full term of five years from the date of assuming charge, not merely the remainder of the earlier term. This differs from the American position, where the Vice-President succeeds for the unexpired term.

Terms in the Record of Elections

The record of presidential elections shows how the term and re-election rules have worked. Dr Rajendra Prasad won in 1952 with 83.81% of the votes and again in 1957 with 99.35%, the only second term so far. In 1969 V.V. Giri won narrowly with 50.22% against N. Sanjeeva Reddy’s 48.5%. In 1977 N. Sanjeeva Reddy was elected unopposed. K.R. Narayanan won in 1997 with 94.97%, and Droupadi Murmu won in 2022 with 64.03% against Yashwant Sinha’s 35.97%. Two Presidents died in office, Zakir Husain in 1969 and Fakhruddin Ali Ahmed, and each time the Vice-President acted until a new President was elected.

The American President, in contrast, heads the executive and cannot be elected more than twice, while the Indian President is a nominal executive, with the real power lying with the council of ministers headed by the Prime Minister.

Ways in Which the Office Becomes Vacant

Mode	Note
Expiry of tenure of five years	Election must be held before expiry
Resignation	Addressed to the Vice-President
Impeachment	For violation of the Constitution
Death	Two Presidents have died in office: Zakir Husain and Fakhruddin Ali Ahmed
Otherwise	Disqualification, or election declared void by the Supreme Court

Why Is This Topic Important?

Direct recall Term and re-election are asked in Prelims
Comparison with the USA Two-term limit in the USA versus none in India
Links Vacancy rules in 13.6

What Came Next?

The next topic covers the qualifications and conditions of the President’s office.

Key People and Terms

Interregnum A gap with no head of State
Term Five years from entering office
Resignation To the Vice-President
Re-election Permitted any number of times
Holding over Continuing until successor takes charge

Exam Corner

Points to Remember

Term: five years.
Resign to the Vice-President.
Outgoing President holds over until successor takes charge.
Only Rajendra Prasad served two terms.

Do Not Confuse With

Article 56 and Article 57 Term versus re-election
Holding over and acting as President Holding over applies to the sitting President; VP acts only in a vacancy
India and USA India has no limit; USA allows two terms

Memory Hook

Five years, resign to the Vice-President, stay till the successor, serve as often as elected.

Mains Angle

Questions on this topic usually ask about continuity. Use these points to add depth.

Continuity Holding over prevents an interregnum
Flexibility No term limit unlike the USA
Precedent Only one two-term President
Safeguards Impeachment and resignation

A Question You May Face

An original practice question, not a past paper question.

“Discuss the provisions on the term and re-election of the President of India.”

How to Answer

Introduction Articles 56 and 57.
Term Five years and holding over.
Re-election No limit, USA comparison.
Conclusion Continuity and accountability.

GS Relevance

Prelims: Indian Polity, President. GS Paper 2: Executive.

Frequently Asked Questions

What is the term of the President of India?

The President holds office for a term of five years from the date on which he or she enters upon office. The President can resign earlier by writing to the Vice-President or be removed by impeachment for violation of the Constitution.

Can the President continue after five years?

Yes. If the election of a successor is delayed, the President continues in office until the successor assumes charge. This provision prevents an interregnum, and the Vice-President does not act as President in such a case.

Can the President be re-elected?

Yes. Under Article 57 the President is eligible for re-election and can be elected any number of times. Only Dr Rajendra Prasad has served two terms, being elected in 1952 and again in 1957. In the USA a person cannot be elected more than twice.

To whom does the President address the resignation?

The President may resign at any time by addressing the resignation letter to the Vice-President, who is the first functionary to act as President when a vacancy occurs on resignation, removal, death or otherwise, until a new President is elected.

Which Presidents died in office?

Two Presidents have died in office so far: Dr Zakir Husain, who died in May 1969, and Fakhruddin Ali Ahmed. In both cases the then Vice-President acted as President until a new President was elected by the electoral college.

PYQ Practice — Statement Analysis

1 The President holds office for five years from the date of election.

False

From entering upon office.

2 The President may be elected only twice.