ARTICLE 55, 56, 57 OF CONSTITUTION OF INDIA 1949

What is the Manner of election of President? What is Term of office of President? What is Eligibility for re-election? Article 55, 56 and 57 of Constitution of India, 1949

Manner of election of President, Term of office of President and Eligibility for re-election are defined under Article 55, 56 and 57 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 55 of Constitution of India "Manner of election of President"

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:-

(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly;

(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one;

(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clause (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

Explanation.- In this article, the expression "population" means the population ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.

Article 56 of Constitution of India "Term of office of President"

(1) 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, for violation of the constitution, be removed from office by impeachment 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.

(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People

Article 57 of Constitution of India "Eligibility for re-election"

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.

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