Article 57 of the Constitution of India deals with the eligibility of a person who holds or has held the office of President to be re-elected. It makes it clear that there is no constitutional limit on the number of times a person may be elected as President of India.
- Meaning of Article 57
- Constitutional Provision
- No Term Limit
- Article 57 and Article 56
- Can a President Be Re-elected Immediately?
- Can a Former President Contest Again?
- No Maximum Number of Terms
- Constitutional Conditions Still Apply
- Article 57 and Article 58
- Qualifications Under Article 58
- Article 57 and Article 54
- Article 57 and Article 55
- Re-election and Five-Year Term
- Example
- Re-election After a Partial Term
- President Elected to Fill a Casual Vacancy
- Article 57 and Democratic Choice
- Historical Position
- Article 57 and Parliamentary System
- Important Features of Article 57
- Article 57 at a Glance
- Article 57 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The Article ensures that a former or sitting President does not become constitutionally disqualified from seeking another term merely because they have already served as President.
Meaning of Article 57
Article 57 provides that a person who holds or has held office as President shall, subject to the other provisions of the Constitution, be eligible for re-election to that office.
Therefore, a person may:
- Contest for a second term
- Contest for a third term
- Contest for further terms
There is no maximum number of terms prescribed by the Constitution.
Constitutional Provision
Article 57 states:
“A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.”
The provision is therefore straightforward: holding the office once does not prevent a person from being elected President again.
No Term Limit
Unlike some presidential systems that impose a limit on the number of terms a President may serve, the Constitution of India does not prescribe a maximum number of presidential terms.
A person who has completed one five-year term may contest again if otherwise constitutionally eligible.
Similarly, a person who has already served multiple terms is not automatically disqualified from seeking another term.
Article 57 and Article 56
Articles 56 and 57 deal with different aspects of the President’s tenure.
Article 56 → Term of office
Article 57 → Eligibility for re-election
Article 56 provides that the normal term of the President is five years.
Article 57 makes it possible for the same person to be elected again.
Therefore, the constitutional framework allows:
Five-year term → Re-election → Another five-year term
subject to the constitutional requirements governing presidential elections.
Can a President Be Re-elected Immediately?
Yes.
There is no constitutional requirement that a President must remain out of office for a particular period before contesting another presidential election.
A sitting President can seek re-election when the next presidential election takes place.
Can a Former President Contest Again?
Yes.
Article 57 expressly covers a person who “holds, or has held” the office.
Therefore, a former President can contest a subsequent presidential election, provided the person satisfies the applicable constitutional requirements.
No Maximum Number of Terms
The Constitution does not say that a person can serve only:
- One term
- Two terms
- Three terms
Instead, Article 57 contains no numerical limit.
Theoretically, a person may be elected President any number of times, provided the person continues to satisfy the constitutional requirements.
Constitutional Conditions Still Apply
Article 57 does not mean that every former President automatically qualifies for another election.
The phrase “subject to the other provisions of this Constitution” is important.
A person seeking re-election must still satisfy the relevant constitutional requirements, including the qualifications prescribed under Article 58.
The person must also be elected according to the procedure prescribed by Articles 54 and 55.
Article 57 and Article 58
These Articles should be studied together.
Article 57
Deals with:
Eligibility for re-election
Article 58
Deals with:
Qualifications for election as President
Article 57 removes any constitutional bar based solely on previous service as President.
Article 58 establishes the qualifications that must be satisfied by a person seeking election.
Qualifications Under Article 58
A person seeking election as President must:
- Be a citizen of India
- Have completed 35 years of age
- Be qualified for election as a member of the House of the People
- Not hold an office of profit under the Government of India, a State Government, or a local or other authority subject to the constitutional exceptions
Therefore, re-election remains subject to the broader constitutional eligibility framework.
Article 57 and Article 54
Article 54 establishes the electoral college for the presidential election.
Article 57 does not establish a separate electoral process for re-election.
A candidate seeking another term is elected through the same constitutional electoral college.
Thus:
Article 54 → Electoral college
Article 57 → Eligibility for re-election
Article 57 and Article 55
Article 55 provides the manner of presidential election.
The same election mechanism applies when an existing or former President seeks another term.
The candidate must obtain the required support under the presidential electoral system.
Re-election and Five-Year Term
Each successful election gives the President a fresh constitutional term.
For example:
- First election → Five-year term
- Second election → Fresh five-year term
- Third election → Fresh five-year term
There is no constitutional provision limiting the cumulative period of service.
Example
Suppose a person is elected President in 2030 and serves the full five-year term.
The person may contest the presidential election held in 2035.
If re-elected, the person serves another five-year term.
The Constitution does not require the person to wait before seeking re-election.
Re-election After a Partial Term
Article 57 does not distinguish between a person who served a full term and one who held office for only part of a term.
A person who has held the office may be eligible to contest again, subject to the other constitutional requirements.
This is particularly relevant where a person assumes office following a casual vacancy.
President Elected to Fill a Casual Vacancy
Under Article 62, where a vacancy occurs in the office of President, an election is held to fill the vacancy.
The person elected to fill such a vacancy holds office for a full five-year term from the date of entering office.
That person is also eligible for re-election under Article 57.
Therefore, the Constitution does not create a separate restriction on re-election merely because the first term arose from a casual vacancy.
Article 57 and Democratic Choice
The absence of a term limit leaves the question of re-election to the constitutional electoral process.
The candidate must receive the required support from the electoral college.
Therefore, Article 57 permits repeated candidature but does not guarantee repeated election.
Eligibility ≠ Election
A person may be constitutionally eligible to contest again but must still win the presidential election.
Historical Position
India has not imposed a constitutional two-term limit on the presidency.
The Constitution permits repeated re-election.
Dr. Rajendra Prasad remains the only President of India to have been elected to the office more than once. He served as President from 1950 to 1962, completing two terms.
This demonstrates the operation of Article 57 in practice.
Article 57 and Parliamentary System
India follows a parliamentary form of government.
The President is the constitutional head of the Union, while the Council of Ministers headed by the Prime Minister exercises the real executive authority within the constitutional framework.
The absence of a presidential term limit therefore operates within this parliamentary system.
The President is not a directly elected political executive like the President in a presidential form of government.
Important Features of Article 57
1. Re-election Permitted
A person who holds or has held the office of President can be elected again.
2. No Maximum Terms
The Constitution does not prescribe a maximum number of presidential terms.
3. No Mandatory Break
There is no requirement of a gap between presidential terms.
4. Subject to the Constitution
Re-election remains subject to the other constitutional provisions.
5. Same Electoral Process
A person seeking re-election goes through the presidential election process under Articles 54 and 55.
6. Re-election Is Not Automatic
Eligibility to contest does not guarantee victory.
Article 57 at a Glance
| Point | Position |
|---|---|
| Article | Article 57 |
| Subject | Eligibility for re-election as President |
| Who Can Re-contest? | Person who holds or has held office as President |
| Maximum Terms | No constitutional limit |
| Mandatory Gap | None |
| Electoral College | Article 54 |
| Manner of Election | Article 55 |
| Qualifications | Article 58 |
| Term | Article 56 |
| Casual Vacancy | Article 62 |
Article 57 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 71 | Election disputes |
Common Confusions
Is a President Allowed Only Two Terms?
No.
The Constitution does not impose a two-term limit.
Can a President Contest Immediately After Completing a Term?
Yes.
There is no mandatory waiting period.
Can a Former President Contest Again?
Yes.
Article 57 expressly covers a person who has held the office.
Does Article 57 Automatically Re-elect the President?
No.
It only establishes eligibility for re-election.
The person must still win the election through the constitutional electoral process.
Does a President Who Served a Partial Term Lose Eligibility for Re-election?
No.
Previous service does not itself create a bar to re-election.
Does Article 57 Prescribe Qualifications?
No.
The principal qualifications are contained in Article 58.
Quick Revision
- Article 57 → Eligibility for re-election as President.
- A person who holds or has held the office of President is eligible for re-election.
- There is no constitutional limit on the number of terms.
- There is no mandatory gap between terms.
- Re-election remains subject to the other constitutional provisions.
- Article 56 → Term of office.
- Article 58 → Qualifications for election.
- Article 54 → Electoral college.
- Article 55 → Manner of election.
- A person who is eligible to contest again is not automatically re-elected.
- Dr. Rajendra Prasad was the only President of India elected to the office twice.
Conclusion
Article 57 establishes the constitutional rule that a person who holds or has held the office of President is eligible for re-election. Unlike systems that impose a fixed presidential term limit, the Constitution of India does not restrict the number of times a person may be elected President.
The provision must be read with Articles 54, 55, 56 and 58, which deal respectively with the electoral college, manner of election, term of office and qualifications.
The key point to remember is:
Article 57 → A person who holds or has held the office of President is eligible for re-election, and the Constitution imposes no maximum limit on the number of presidential terms.
