Article 67 of the Costitution of India with Case law
Article 67 of the Constitution of India
Text of Article 67 – Term of office of President
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.
Key Provisions Explained:
Term Duration:
The President's term is 5 years from the day he/she assumes office.
Resignation:
The President can resign by writing to the Vice-President.
Impeachment:
The President can be removed for violation of the Constitution as per Article 61.
Continuation in Office:
Even after the term ends, the President continues until the successor takes office.
Relevant Case Laws:
1. Raghunathrao Ganpatrao v. Union of India (1994)
Context: Indirectly deals with the removal of constitutional functionaries and the interpretation of term tenure under the Constitution.
Relevance: It emphasized the stability and dignity of constitutional offices like that of the President and the significance of the fixed term unless removed by due process.
2. S. Satyanarayana v. V.R. Narasimhan (1981 AIR 214)
Issue: Concerning continuation of office till successor takes charge.
Held: The Supreme Court upheld the principle under Article 67(c) that a person can continue to hold office beyond term until the next person assumes the role.
3. Shamsher Singh v. State of Punjab (1974 AIR 2192)
Though primarily about executive powers, it reiterated that the President is a constitutional figurehead, and his/her removal must follow strict constitutional provisions like Article 67(b) (i.e., impeachment process).
Summary:
Article 67 outlines the conditions for the President’s tenure, including term limit, resignation, impeachment, and continuity.
It ensures constitutional stability, preventing a power vacuum even if a new President is not elected on time.
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