Article 56 – Term of Office of President

Article 56 of the Constitution of India deals with the term of office of the President of India. It provides that the President holds office for a term of five years from the date on which the President enters upon the office.

The Article also provides for resignation, removal by impeachment, continuation in office after expiry of the term until a successor enters office, and the conditions under which the office may become vacant.

Meaning of Article 56

Article 56 establishes the constitutional framework governing the President’s tenure.

Under the Article, the President:

• Holds office for five years.
• May resign before completing the term.
• May be removed through impeachment for violation of the Constitution.
• May leave office upon completion of the constitutional term when the successor enters office.
• Does not automatically cease to hold office merely because five years have passed if the successor has not yet entered office.

Constitutional Provision

Article 56 provides that the President shall hold office for a term of five years from the date on which the President enters upon office.

The President may:

Resign by writing addressed to the Vice-President.

The President may also be removed from office by impeachment in accordance with Article 61.

The Article further provides that the President shall continue to hold office, notwithstanding the expiration of the term, until the successor enters upon office.

Five-Year Term

The normal constitutional term of the President is five years.

The five-year period begins from the date on which the President enters upon office, rather than simply from the date on which the election result is declared.

For example, if a President enters office on a particular date, the five-year constitutional term is calculated from that date.

Commencement of the Term

Article 56 expressly uses the words:

“from the date on which he enters upon his office.”

Therefore, the commencement of the President’s term is linked to the assumption of office.

This is important because the presidential election, declaration of result, and assumption of office are distinct stages.

Resignation of the President

The President may resign before the completion of the five-year term.

The resignation must be:

• In writing
• Addressed to the Vice-President of India

The Vice-President therefore receives the President’s resignation.

The resignation creates a vacancy in the office of President, which is dealt with under the constitutional provisions relating to presidential vacancies.

Removal by Impeachment

The President can be removed from office through impeachment for violation of the Constitution.

The procedure is provided under Article 61.

Important points include:

• Impeachment may be initiated by either House of Parliament.
• The constitutional procedure must be followed.
• The charge must relate to violation of the Constitution.
• Special majority requirements apply.
• Both Houses have a role in the process.

Therefore, impeachment is constitutionally distinct from ordinary resignation or completion of the President’s term.

Continuation After Expiry of Term

One of the important features of Article 56 is that the President does not simply cease to hold office when the five-year term expires if a successor has not yet entered office.

The President continues in office until the successor enters upon office.

This provision prevents a constitutional vacuum in the office of the President.

Why Is Continuation Necessary?

The President is an essential constitutional office.

If the outgoing President automatically ceased to hold office immediately after five years without a successor assuming office, the country could face a vacancy in the constitutional office.

Article 56 therefore ensures continuity.

The constitutional principle is:

Expiry of term ≠ automatic vacancy before successor assumes office

The outgoing President continues until the successor takes charge.

Article 56 and Article 62

Article 56 should be read with Article 62, which deals with the timing of elections to fill a vacancy in the office of President.

Article 62 provides that an election to fill a vacancy caused by the expiration of the term of office must be completed before the expiration of the term.

This ensures that a successor is ordinarily ready to assume office when the existing President’s term ends.

Article 56 and Article 62 – Difference

Article 56	Article 62
Deals with the President’s term	Deals with election to fill vacancy
Provides five-year term	Provides timing of election
Provides for resignation	Provides election-related rules
Provides continuation until successor enters office	Provides rules for vacancies

Article 56 and Re-election

Article 56 itself does not deal with re-election.

The eligibility for re-election is provided under Article 57.

Article 57 allows a person who holds or has held office as President to be eligible for re-election.

There is no constitutional limit on the number of times a person may be elected President.

Thus:

Article 56 → Term

Article 57 → Re-election

Article 56 and Article 52

Article 52 establishes the office of the President.

Article 56 establishes the duration and related conditions of the President’s tenure.

Therefore:

Article 52 → There shall be a President of India

Article 56 → President holds office for five years

Article 56 and Article 60

Article 60 provides for the oath or affirmation of the President.

The President’s term begins with entering upon office, and the constitutional oath is an important part of assuming the office.

The President undertakes to preserve, protect and defend the Constitution and the law and to devote himself or herself to the service and well-being of the people of India.

Vacancy in the Office of President

A vacancy may arise due to:

• Expiration of the term
• Resignation
• Removal by impeachment
• Death
• Any other circumstance resulting in the office becoming vacant

Different constitutional provisions deal with the consequences of such vacancies.

Article 62 deals with elections to fill vacancies.

Article 65 provides for the Vice-President acting as President or discharging the functions of the President in specified circumstances.

President’s Vacancy and Vice-President

When a vacancy occurs in the office of President due to reasons such as resignation, removal or death, the Vice-President may act as President until a new President enters office, subject to the constitutional scheme.

This ensures continuity in the functioning of the Union executive.

Election After a Casual Vacancy

Where a vacancy occurs before the expiration of the President’s normal term, Article 62 provides that an election to fill the vacancy must be held within six months from the date of occurrence of the vacancy.

The person elected to fill the vacancy is entitled to hold office for a full term of five years from the date of entering office.

This is an important distinction.

A President elected to fill a casual vacancy does not merely complete the remaining portion of the previous President’s term.

Full Term After Casual Vacancy

Suppose a President resigns after two years.

A new President is elected to fill the resulting vacancy.

The new President does not serve only the remaining three years.

Instead, the new President receives a fresh five-year term under Article 62.

Conditions for Holding Office

Article 56 primarily deals with tenure, while Article 59 provides the conditions of the President’s office.

Article 59 includes restrictions concerning membership of Parliament or a State Legislature and other offices of profit.

Therefore, the President’s term must be considered together with Articles 56 and 59.

Important Features of Article 56

1. Five-Year Term

The President normally holds office for five years.

2. Term Begins on Entering Office

The five-year period is calculated from the date the President enters office.

3. Resignation

The President may resign by writing addressed to the Vice-President.

4. Impeachment

The President may be removed by impeachment for violation of the Constitution.

5. Continuity

The President continues in office until the successor enters office.

6. Constitutional Stability

The provision prevents a vacancy merely because the five-year term has expired before a successor assumes office.

Article 56 at a Glance

Point	Position
Article	Article 56
Subject	Term of office of President
Normal Term	5 years
Commencement	Date of entering office
Resignation	Written resignation to Vice-President
Removal	Impeachment under Article 61
After Term Expiry	Continues until successor enters office
Re-election	Article 57
Casual Vacancy	Article 62
Acting President	Article 65
Oath	Article 60
Conditions of Office	Article 59

Article 56 and Related Constitutional Provisions

Article	Subject
Article 52	President of India
Article 54	Election of President
Article 55	Manner of election
Article 56	Term of office
Article 57	Eligibility for re-election
Article 58	Qualifications
Article 59	Conditions of President’s office
Article 60	Oath or affirmation
Article 61	Impeachment
Article 62	Election to fill vacancy
Article 65	Vice-President acting as President
Article 71	Election disputes

Common Confusions

Is the President’s Term Four or Five Years?

It is five years.

When Does the Five-Year Term Begin?

It begins from the date on which the President enters upon office.

Does the President Automatically Leave Office After Five Years?

The President continues in office until the successor enters upon office.

Can the President Resign?

Yes.

The resignation must be in writing and addressed to the Vice-President.

Can the President Be Removed?

Yes.

The President can be removed through impeachment for violation of the Constitution under Article 61.

Is There a Limit on Re-election?

No.

Article 57 does not impose a maximum number of presidential terms.

What Happens If the President Resigns?

A vacancy arises, and the constitutional provisions concerning the presidential vacancy and election apply. The Vice-President may act as President until a new President enters office, subject to Article 65.

Does a New President Filling a Casual Vacancy Get Only the Remaining Term?

No.

Under Article 62, the President elected to fill a casual vacancy gets a full five-year term.

Quick Revision

• Article 56 → Term of office of President.
• The President normally holds office for five years.
• The term begins from the date the President enters upon office.
• The President may resign by writing addressed to the Vice-President.
• The President may be removed through impeachment under Article 61.
• The President continues in office until the successor enters office.
• Article 57 deals with re-election.
• Article 62 deals with elections to fill presidential vacancies.
• A casual vacancy must generally be filled by election within six months.
• A President elected to fill a casual vacancy gets a fresh five-year term.
• Article 65 deals with the Vice-President acting as President or discharging presidential functions.
• Article 60 deals with the President’s oath or affirmation.

Conclusion

Article 56 establishes the constitutional rules governing the term of office of the President of India. The normal tenure is five years from the date the President enters office. The Article also provides mechanisms for resignation, removal through impeachment and continuity of the office until a successor assumes charge.

The provision works closely with Articles 57, 61, 62 and 65 to ensure continuity and stability in the office of the President.

The key point to remember is:

Article 56 → The President holds office for five years from the date of entering office, may resign or be removed through impeachment, and continues in office until the successor enters office.