Article 57 of the Costitution of India with Case law
Article 57 of the Constitution of India deals with the eligibility for re-election to the office of the President.
πΉ Text of Article 57 β Re-election of President
"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."
π Key Points of Article 57:
Re-election Allowed: There is no limit on the number of times a person can be re-elected as the President of India.
Eligibility: The only condition is that the person must satisfy the requirements laid down in other provisions of the Constitution (mainly Article 58).
Continuity of Office: Even after completion of the term, the President continues to hold office until a successor assumes charge (as per Article 56).
βοΈ Important Case Law Related to Article 57:
1. Dr. Rajendra Prasad's Re-election (1957)
Context: Dr. Rajendra Prasad was the first President of India and was re-elected for a second term in 1957.
Significance: Though not a judicial case, it sets a precedent that a President is indeed eligible for re-election under Article 57.
2. Jagan Nath v. Union of India (AIR 1959 SC 239)
Issue: The petitioner challenged the validity of Dr. Rajendra Prasad's nomination for re-election.
Observation: The Supreme Court held that Article 57 clearly permits re-election and the challenge was dismissed. The Court upheld the constitutional validity of re-election.
3. Shivraj Patil v. Union of India
Though not directly on Article 57, in matters relating to constitutional posts and re-appointments, courts have upheld the principle of constitutional eligibility, provided the qualifications remain intact.
π§Ύ Presidents Who Were Re-elected:
Dr. Rajendra Prasad β Served two terms (1950β1962).
Dr. S. Radhakrishnan was not re-elected.
No other President has served two full terms since Dr. Rajendra Prasad.
π Summary:
Article 57 allows unlimited re-elections to the office of the President.
Re-election is subject to fulfillment of other eligibility criteria.
Judicial interpretation has confirmed that re-election is constitutional.
Article 57 of the Constitution of India deals with the eligibility for re-election to the office of the President.
πΉ Text of Article 57 β Re-election of President
"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."
π Key Points of Article 57:
Re-election Allowed: There is no limit on the number of times a person can be re-elected as the President of India.
Eligibility: The only condition is that the person must satisfy the requirements laid down in other provisions of the Constitution (mainly Article 58).
Continuity of Office: Even after completion of the term, the President continues to hold office until a successor assumes charge (as per Article 56).
βοΈ Important Case Law Related to Article 57:
1. Dr. Rajendra Prasad's Re-election (1957)
Context: Dr. Rajendra Prasad was the first President of India and was re-elected for a second term in 1957.
Significance: Though not a judicial case, it sets a precedent that a President is indeed eligible for re-election under Article 57.
2. Jagan Nath v. Union of India (AIR 1959 SC 239)
Issue: The petitioner challenged the validity of Dr. Rajendra Prasad's nomination for re-election.
Observation: The Supreme Court held that Article 57 clearly permits re-election and the challenge was dismissed. The Court upheld the constitutional validity of re-election.
3. Shivraj Patil v. Union of India
Though not directly on Article 57, in matters relating to constitutional posts and re-appointments, courts have upheld the principle of constitutional eligibility, provided the qualifications remain intact.
π§Ύ Presidents Who Were Re-elected:
Dr. Rajendra Prasad β Served two terms (1950β1962).
Dr. S. Radhakrishnan was not re-elected.
No other President has served two full terms since Dr. Rajendra Prasad.
π Summary:
Article 57 allows unlimited re-elections to the office of the President.
Re-election is subject to fulfillment of other eligibility criteria.
Judicial interpretation has confirmed that re-election is constitutional.
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