What is Article 57 of Indian Constitution – Defination & Meaning
Article 57: Eligibility for re-election A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution,
📚 UPSC Relevant
Article 64 of the Indian Constitution designates the Vice-President as the ex officio Chairman of the Council of States, which is also known as the Rajya Sabha. This means that the Vice-President automatically holds this position without needing a separate election. The Council of States plays a critical role in the legislative process, as it represents the states of India and participates in making laws. By being the Chairman, the Vice-President oversees the proceedings in the Rajya Sabha and ensures that the rules are followed during discussions and debates. The Chairman has the power to maintain decorum and order within the house, facilitating smooth legislative operations.
This article impacts not only the Vice-President but also the members of the Rajya Sabha and the legislative process as a whole. However, there are exceptions. If the Vice-President is acting as the President of India or fulfilling the President’s responsibilities under Article 65, they cannot perform the Chairman’s duties. During this time, they are not entitled to any salary or allowances that are usually given to the Chairman. This arrangement ensures a clear distinction between the roles of the Vice-President and the President, preventing any overlap in authority and confusion.
In practice, the Vice-President’s role as Chairman is key for maintaining order during debates and discussions in the Rajya Sabha. They have the authority to make decisions on procedural matters and can even suspend members for misconduct. The Chairman is also responsible for calling meetings and setting the agenda. This position is not just ceremonial; it affects how laws are made and how representatives from various states express their views in the legislative assembly. Thus, Article 64 plays a major role in ensuring effective governance in India by promoting a structured legislative process.
Article 64 was part of the original Constitution, adopted on January 26, 1950, during India’s transition to independence. The Constituent Assembly engaged in extensive debates regarding the distribution of powers between the executive and legislative branches, leading to the inclusion of this article. The assembly aimed to create a system where the Vice-President could fulfill a key role in legislative operations without directly interfering in the administration. It has not undergone any amendments since its adoption, indicating its acceptance over time. Supreme Court cases, such as ‘Keshavananda Bharati v. State of Kerala,’ have discussed the Vice-President’s powers but have not changed the article itself, highlighting its stability within the constitutional framework.
Which of the following statements about Article 64 of the Indian Constitution is true? A) The Vice-President is elected as Chairman of the Council of States. B) The Vice-President cannot hold another office while being Chairman. C) The Chairman can act as President during specific duties. D) The Vice-President’s role as Chairman is purely ceremonial. Choose the correct option and provide a detailed explanation for your choice, including why other options are incorrect.? Which of the statements given above are correct in the context of the federal structure of India?
The correct answer is B) The Vice-President cannot hold another office while being Chairman. This rule ensures that the Vice-President can focus solely on their duties in the Rajya Sabha without any conflicts. Options A and D are incorrect as the Vice-President is not elected as Chairman and their role is not merely ceremonial. Option C is also incorrect because the Vice-President cannot perform Chairman duties when acting as President.
Ex officio means holding a position by virtue of holding another office. In this context, the Vice-President automatically serves as the Chairman of the Rajya Sabha without needing a separate election. This arrangement allows for seamless functioning within the legislative framework and ensures the Vice-President is actively involved in legislative processes.
No, the Vice-President cannot hold any other office of profit while serving as Chairman of the Rajya Sabha. This rule is in place to prevent any potential conflicts of interest and ensure that the Vice-President can devote their full attention to the responsibilities of the Chairman. This separation of roles is key for maintaining the integrity of both positions.
If the Vice-President acts as President, they cannot fulfill the responsibilities of the Chairman of the Rajya Sabha. During this time, they also do not receive the salary or allowances typically provided to the Chairman. This rule is in place to maintain clear boundaries between the roles of President and Chairman, ensuring effective governance.
Article 57: Eligibility for re-election A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution,
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or
Explanation.—In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have
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:
Article 53: Executive Power of the Union (1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly
Explanation.—In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of Puducherry.
Article 51A: Fundamental duties It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the
Article 52: The President of India There shall be a President of India.
Article 50: Separation of judiciary from executive The State shall take steps to separate the judiciary from the executive in the public services of the State.
Article 51: Promotion of international peace and security The State shall endeavour to— (a) promote international peace and security; (b) maintain just and
Article 48A: Protection and improvement of environment and safeguarding of forests and wild life The State shall endeavour to protect and improve the
Article 49: Protection of monuments and places and objects of national importance It shall be the obligation of the State to protect every monument or place
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health The State shall regard the raising of
Article 48: Organisation of agriculture and animal husbandry The State shall endeavour to organise agriculture and animal husbandry on modern and scientific
Article 45: Provision for early childhood care and education to children below the age of six years The State shall endeavour to provide early childhood care
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections The State shall promote with
Article 43B: Promotion of co-operative societies The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and
Article 44: Uniform civil code for the citizens The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Article 43: Living wage, etc., for workers The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all
Article 43A: Participation of workers in management of industries The State shall take steps, by suitable legislation or in any other way, to secure the
Article 41: Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development,
Article 42: Provision for just and humane conditions of work and maternity relief The State shall make provision for securing just and humane conditions of
Article 39A: Equal justice and free legal aid The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity,
Article 40: Organisation of village panchayats The State shall take steps to organise village panchayats and endow them with such powers and authority as may
Article 38: State to secure a social order for the promotion of welfare of the people (1) The State shall strive to promote the welfare of the people by
Article 39: Certain Principles of Policy to be Followed by the State The State shall, in particular, direct its policy towards securing— (a) that the
Article 36: Definition In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.
Article 37: Application of the principles contained in this Part The provisions contained in this Part shall not be enforceable by any court, but the
Article 34: Restriction on rights conferred by this Part while martial law is in force in any area Notwithstanding anything in the foregoing provisions of
Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.
Article 32A: Constitutional validity of State laws not to be considered in proceedings under article 32 Omitted by the Constitution (Forty-third Amendment)
Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. Parliament may, by law, determine to what
Article 31D: Saving of laws in respect of anti-national activities Omitted by the Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f.13-4-1978).
Article 32: Remedies for enforcement of rights conferred by this Part (1) The right to move the Supreme Court by appropriate proceedings for the enforcement
Article 31B: Validation of certain Acts and Regulations Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and
Article 31C: Saving of laws giving effect to certain directive principles Notwithstanding anything contained in article 13, no law giving effect to the policy
Article 31: Compulsory acquisition of property Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
Article 31A: Saving of laws providing for acquisition of estates, etc. (1) Notwithstanding anything contained in article 13, no law providing for— (a) the
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions (1) No religious instruction shall be
Article 30: Right of minorities to establish and administer educational institutions (1) All minorities, whether based on religion or language, shall have the
Article 26: Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shallhave
Article 27: Freedom as to payment of taxes for promotion of any particular religion No person shall be compelled to pay any taxes, the proceeds of which are
Article 24: Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine
Article 25: Freedom of conscience and free profession, practice and propagation of religion (1) Subject to public order, morality and health and to the other
Article 22: Protection Against Arrest and Detention in Certain Cases (1) No person who is arrested shall be detained in custody without being informed, as
Article 23: Prohibition of traffic in human beings and forced labour (1) Traffic in human beings and begar and other similar forms of forced labour are
Article 21: Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by
Article 21A: Right to education The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as
Article 19: Protection of certain rights regarding freedom of speech etc (1) All citizens shall have the right— (a) to freedom of speech and expression; (b)
Article 20: Protection in respect of conviction for offences (1) No person shall be convicted of any offence except for violation of a law in force at the