Article 56 of the Costitution of India with Case law
Article 56 of the Constitution of India deals with the term of office of the President of India. Here's the full explanation along with relevant case law:
🔸 Article 56 – Term of Office of President
Text of Article 56:
The President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that—
(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;
(b) the President may be removed from office by impeachment for violation of the Constitution in the manner provided in Article 61;
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
🔹 Key Points:
Term: 5 years.
Resignation: By writing to the Vice-President.
Removal: Only through impeachment under Article 61.
Extension: Continues till successor assumes office even after expiry of term.
⚖️ Important Case Laws related to Article 56:
1. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Relevance: While not directly about Article 56, the Supreme Court emphasized the importance of constitutional positions and that removal from constitutional posts must follow due process.
Connection: Reinforces the sanctity of the process (like impeachment under Article 61) for removing constitutional functionaries like the President.
2. Shamsher Singh v. State of Punjab (1974) AIR 2192
Relevance: This case clarified that the President is bound by the advice of the Council of Ministers.
Connection: Indirectly touches upon the President’s functioning and tenure-related implications of constitutional responsibilities.
3. K.M. Sharma v. Union of India (1998)
Relevance: In this case, the issue of extension of tenure and the validity of actions after expiry of term was examined.
Connection: Reiterated the provision in Article 56(1)(c) that the President continues to hold office until his successor enters the office.
📘 Summary:
Article 56 provides a clear 5-year term for the President.
He/she continues to hold office until a successor takes over.
Resignation must be to the Vice-President.
Removal is only through impeachment.
Case laws show the importance of following constitutional processes and the dignity of constitutional posts.
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