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Article 56

Five-Year Term, Resignation, and Impeachment of the President

Official heading: “Term of office of President”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part V, Article 56, printed pages 27–28
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1. In One Sentence

Article 56 fixes the President’s term at five years from assuming office, subject to resignation addressed to the Vice-President, impeachment for violating the Constitution, and continuation until a successor enters office.

2. What It Means in Everyday Language

Article 56 establishes that the President holds office for a regular term of five years from the date on which they enter upon office. This provides executive stability while ensuring periodic democratic renewal.

The proviso contains three vital exceptions: first, the President may resign voluntarily at any time by writing under their hand addressed to the Vice-President (who must immediately communicate the resignation to the Lok Sabha Speaker under clause 2). Second, the President may be removed through the formal impeachment process in Article 61 for "violation of the Constitution".

Third, proviso (c) commands that notwithstanding the expiration of the five-year term, the incumbent President continues in office until their successor formally enters upon office, preventing any constitutional vacuum at the top of the state.

3. Practical Illustrative Example

Everyday Scenario:

A presidential five-year term expires on 24 July, but the newly elected successor has not yet taken the oath due to unforeseen procedural delays.

Core takeaway: Under Article 56(1)(c), the incumbent President continues to lawfully exercise presidential authority until the successor enters upon office.
Illustrative Notice: Under Article 62(1), presidential elections must ordinarily be completed before the expiration of the term to avoid relying on this continuity provision.

4. Important Limits, Qualifications & Exceptions

Article 56 governs presidential tenure, voluntary resignation, impeachment grounds, and office continuity.

  • Five-year tenure calculated strictly from the date of entering upon office.
  • Resignation procedure: Hand-signed letter to the Vice-President, who must notify the Speaker.
  • Impeachment threshold: Permissible solely on the ground of "violation of the Constitution".
  • Doctrine of continuous tenure: Incumbent continues until successor enters office.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 56, printed pages 27–28 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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