The Constitution of India
Article 56
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.
Why this exists
The framers wanted a stable, continuous head of state modeled loosely on parliamentary systems, where the President is a constitutional figurehead rather than an executive ruler. Fixing a five-year term aligned the presidency's rhythm with other constitutional bodies, while the resignation and impeachment provisions ensured there were lawful, dignified exits if the President chose to step down or acted unconstitutionally. Clause (c)'s continuity rule prevents any vacuum in the highest constitutional office, ensuring governance never technically lacks a President even during transition delays.
Common misconceptions
- Myth: The President's term ends automatically after exactly five years, even if no new President has been chosen yet.
Fact: Clause (1)(c) says the outgoing President continues in office until the successor actually enters office, avoiding any gap. - Myth: The President can be removed from office just like a Prime Minister, through a simple no-confidence vote.
Fact: The President can only be removed through impeachment for violating the Constitution, following the specific procedure in Article 61—not through ordinary political processes. - Myth: The President's resignation takes effect only after Parliament or the Vice-President formally accepts it.
Fact: Under clause (a), resignation is effective immediately upon writing to the Vice-President; clause (2) merely requires informing the Speaker afterward.