Can the U.S. President serve a third term?
(Source – The Hindu, International Edition – Page No. – 10)
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Context |
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What Does the U.S. Constitution Say?
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The 22nd Amendment, ratified in 1951, allows a President to be elected only twice.
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It was introduced after Franklin D. Roosevelt served four terms (1933–1945).
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A person who has served over two years of another President’s term can be elected only once.
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This limits the total tenure to 10 years.
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Since the former President was elected in 2016 and 2024, he cannot serve again.
Is the ‘VP Loophole’ Possible?
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One idea suggests he could become Vice President and take over if the President resigns.
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But the 12th Amendment bars anyone ineligible for Presidency from being Vice President.
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This means the VP route is not legally valid.
Could He Return Through Succession?
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A legal theory says the 22nd Amendment bars being elected more than twice, but not serving again.
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He could possibly become Speaker of the House and ascend to the Presidency if both President and VP positions become vacant.
What About Changing the Constitution?
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Repealing the 22nd Amendment is very difficult.
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It needs support from two-thirds of Congress and ratification by three-fourths of States.
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Given the current political climate, this is highly unlikely.
What About Other World Leaders?
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Leaders like Vladimir Putin, Xi Jinping, and Erdogan have changed laws to stay in power longer.
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Countries like Germany, Canada, and the UK have no term limits but rely on political support.
What Is the Case in India?
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India has no term limits for Prime Ministers.
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As long as the Prime Minister enjoys the support of the Lok Sabha, they can continue.
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This system is based on public trust, regular elections, and parliamentary checks.
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PYQ: Critically examine the procedures through which the Presidents of India and France are elected. (150 Words /10 marks) (UPSC CSE (M) GS-2 2022) |
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Practice Question: How do the constitutional provisions regarding term limits for the head of government differ between the United States and India? Examine the democratic implications of these differences. (250 Words /15 marks) |
