What is Article 329A of Indian Constitution – Defination & Meaning
Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker Omitted by the Constitution (Forty-fourth Amendment)
📚 UPSC Relevant
Article 57 of the Indian Constitution outlines the eligibility criteria for re-election to the office of the President of India. This article states that a person who has already served as President can stand for election again. This means that there are no limits to the number of terms a President may serve, as long as they win the elections. This provision allows experienced individuals to return to the highest constitutional office in the country, ensuring continuity and stability in leadership. This article applies to individuals who have held the office of President, whether they served one term or multiple terms. It emphasizes the democratic principle that the electorate can choose their leaders freely. However, it is still subject to other constitutional provisions, meaning that if a President is disqualified under certain sections of the Constitution, they cannot run again. This creates a balance between allowing experienced leadership and maintaining accountability. In practical terms, this article has implications for political parties and the electoral process in India. Political parties often seek experienced candidates for the presidency, especially during key national elections. For example, a former President can provide stability and reassurance to voters based on their past performance. Additionally, this article has been a topic of discussion during elections, where candidates’ previous tenures are evaluated by the public, impacting their chances of re-election.
Article 57 was included in the Constitution when it was adopted in 1950. During the Constituent Assembly debates, members emphasized the need for experienced leadership in necessary national roles like the presidency. They argued that allowing re-election would ensure governance continuity and stability. The framers believed that experience in such a high office would benefit the country’s democratic process. This article has not been amended since its inception, reflecting its enduring relevance. The Supreme Court case of Kuldip Nayar vs. Union of India (2006) highlighted the importance of eligibility criteria for presidential elections, reaffirming the article’s application in contemporary politics.
Examine the implications of Article 57 of the Indian Constitution, which pertains to the re-election of the President. Consider the following statements: 1. It allows a person to run for office multiple times. 2. It limits the number of terms a President can serve. 3. The electorate influences the decision on re-election. Which of the above statements are correct? A) 1 only B) 1 and 2 C) 2 and 3 D) 1 and 3.
The correct answer is A. Article 57 allows for unlimited re-elections of a President, meaning a person can serve multiple terms. Option B is incorrect as there is no cap on terms. Option C is misleading because while Article 57 is subject to other provisions, it does not limit re-election.
Yes, a President can be re-elected an unlimited number of times according to Article 57. This provision allows voters to continuously choose experienced leaders based on their past performances. For instance, if a former President is popular and has done well in office, they can run again and potentially win the election, thus continuing their leadership role.
However, it is still subject to other constitutional provisions, meaning that if a President is disqualified under certain sections of the Constitution, they cannot run again. This creates a balance between allowing experienced leadership and maintaining accountability. In practical terms, this article has implications for political parties and the electoral process in India.
Political parties often seek experienced candidates for the presidency, especially during key national elections. For example, a former President can provide stability and reassurance to voters based on their past performance. Additionally, this article has been a topic of discussion during elections, where candidates’ previous tenures are evaluated by the public, impacting their chances of re-election.
Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker Omitted by the Constitution (Forty-fourth Amendment)
Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature Subject to the provisions of this Constitution
Article 329: Bar to interference by courts in electoral matters (a) the validity of any law relating to the delimitation of constituencies or the allotment of
Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage The elections to the House
Article 327: Power of Parliament to make provision with respect to elections to Legislatures Subject to the provisions of this Constitution, Parliament may
Article 324: Superintendence, direction and control of elections to be vested in an Election Commission (1) The superintendence, direction and control of the
Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
Article 323A: Administrative tribunals (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and
Explanation.—In this article, “appropriate Legislature”, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to
Article 322: Expenses of Public Service Commissions The expenses of the Union or a State Public Service Commission, including any salaries, allowances and
Article 323: Reports of Public Service Commissions (1) It shall be the duty of the Union Commission to present annually to the President a report as to the
Article 320: Functions of Public Service Commissions (1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations
Article 321: Power to extend functions of Public Service Commissions An Act made by Parliament or, as the case may be, the Legislature of a State may provide
Article 318: Power to make regulations as to conditions of service of members and staff of the Commission In the case of the Union Commission or a Joint
Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members On ceasing to hold office— (a) the Chairman of
Article 317: Removal and suspension of a member of a Public Service Commission (1) Subject to the provisions of clause (3), the Chairman or any other member
Article 316: Appointment and term of office of members (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of
Article 314: Provision for protection of existing officers of certain services Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f.
Article 315: Public Service Commissions for the Union and for the States (1) Subject to the provisions of this article, there shall be a Public Service
Article 312A: Power of Parliament to vary or revoke conditions of service of officers of certain services (1) Parliament may by law— (a) vary or revoke,
Article 313: Transitional provisions Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the
Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State (1) No person who is a member of a
Article 312: All-India services (1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution
Article 309: Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the
Article 310: Tenure of office of persons serving the Union or a State (1) Except as expressly provided by this Constitution, every person who is a member of a
Article 307: Appointment of authority for carrying out the purposes of articles 301 to 304 Parliament may by law appoint such authority as it considers
Article 308: Interpretation In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
Article 305: Saving of existing laws and laws providing for State monopolies Nothing in articles 301 and 303 shall affect the provisions of any existing law
Article 306: Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce Omitted by the Constitution (Seventh
Article 303: Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce (1) Notwithstanding anything in article
Article 304: Restrictions on trade, commerce and intercourse among States Notwithstanding anything in article 301 or article 303, the Legislature of a State
Article 302: Power of Parliament to Impose Restrictions on Trade, Commerce and Intercourse. Parliament may by law impose such restrictions on the freedom of
Article 301: Freedom of trade, commerce and intercourse. Subject to the other provisions of this Part, trade, commerce and intercourse throughout the
Article 300: Suits and proceedings (1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or
Article 300A: Persons not to be deprived of property save by authority of law No person shall be deprived of his property save by authority of law.
Article 298: Power to carry on trade, etc. The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to
Article 299: Contracts (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the
Explanation.—In this article, the expressions “Ruler” and “Indian State” have the same meanings as inarticle 363.
Article 297: Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union (1) All lands,
Article 294: Succession to property, assets, rights, liabilities and obligations in certain cases As from the commencement of this Constitution— (a) all
Article 295: Succession to property, assets, rights, liabilities and obligations in other cases (1) As from the commencement of this Constitution— (a) all
Article 292: Borrowing by the Government of Indi The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India
Article 293: Borrowing by State (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of
Article 290A: Annual payment to certain Devaswom Funds A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the
Article 291: Privy purse sums of Rulers Privy purse sums of Rulers
Article 289: Exemption of property and income of a State from Union taxation (1) The property and income of a State shall be exempt from Union taxation. (2)
Article 290: Adjustment in respect of certain expenses and pensions Where under the provisions of this Constitution the expenses of any court or Commission,
Article 288: Exemption from taxation by States in respect of water or electricity in certain cases (1) Save in so far as the President may by order otherwise
Article 287: Exemption from taxes on electricity Save in so far as Parliament may by law otherwise provide, no law of a State shall impose, or authorise the
Article 285: Exemption of property of the Union from State taxation (1) The property of the Union shall, save in so far as Parliament may by law otherwise