The Hindu: Published on 7th April 2025:
Why in News?
On March 30, 2025, U.S. President Donald Trump, aged 78, stated that he is “not joking” about serving a third term. He also hinted that a legal loophole might allow him to do so, sparking nationwide debate and global curiosity about the legal and constitutional possibilities.
What Does the 22nd Amendment Say?
The 22nd Amendment to the U.S. Constitution, ratified on February 27, 1951, was introduced after Franklin D. Roosevelt broke the tradition by serving four terms (1933–1945). It limits any person from being elected as President more than twice. Moreover, if someone serves more than two years of someone else’s term (as a Vice President who becomes President), they can only be elected once more. Hence, the maximum permissible tenure is effectively 10 years. Since Donald Trump was elected in 2016 and again in 2024, the amendment clearly bars him from a third elected term.
How is Trump Trying to Circumvent It?
Trump has floated the idea of J.D. Vance running as President in 2028, with Trump as Vice President. If elected, Vance could resign, making Trump the President. However, this plan is blocked by the 12th Amendment, which states that anyone ineligible to be President is also ineligible to be Vice President. Since Trump is barred from being elected President again, he is also barred from holding the office of Vice President.
Another route he might consider is becoming the Speaker of the House, a position that does not require being a member of Congress. If both the President and Vice President become unable to serve, the Speaker assumes the presidency under the Presidential Succession Act. This route is not clearly blocked by the 22nd Amendment, which prevents being elected more than twice, but does not explicitly ban serving again if the position is assumed via succession. This theoretical possibility is still legally controversial and would likely face constitutional scrutiny.
As for repealing the 22nd Amendment itself, it is extremely difficult. The process would require either a two-thirds vote in both the U.S. House and Senate, or a constitutional convention called by two-thirds of state legislatures. Then, any amendment must be ratified by three-fourths of U.S. states (38 out of 50). Given the political environment, this is virtually impossible.
What Do Other Countries Do?
Many world leaders have managed to extend their tenure using various methods. For instance, Vladimir Putin of Russia served two terms from 2000 to 2008, became Prime Minister while his ally served as President, and later returned to the presidency. He also changed the constitution in 2020 to reset his term limits, allowing him to rule potentially until 2036.
In Türkiye, Recep Tayyip Erdogan shifted the system from parliamentary to presidential via a 2017 referendum, removing term limits in the process. Similarly, China’s Xi Jinping abolished the two-term limit in 2018, allowing indefinite rule.
Some democratic leaders extend their terms without changing laws. For example, Germany’s Angela Merkel served for 16 years without term limits, because the German Chancellor's tenure depends on parliamentary majority. Likewise, in Canada and the U.K., Prime Ministers can continue to rule indefinitely as long as they retain their party’s support and win elections.
Why Doesn’t India Have Term Limits?
India’s Prime Minister operates within a parliamentary system rather than a presidential one. Under Article 75(3) of the Indian Constitution, the PM must enjoy the confidence of the Lok Sabha (Lower House). There is no limit on how many times a person can serve as Prime Minister.
For example, Prime Minister Narendra Modi could serve up to 15 years if he continues winning elections and retaining majority support. However, the Indian system includes democratic safeguards such as no-confidence motions, free press, judicial review, coalition politics, and regular elections to ensure accountability.
Summary-
The U.S. Constitution, through the 22nd Amendment, clearly limits a President to two elected terms. Donald Trump cannot be elected again, but some legal interpretations suggest that he might still be able to serve again if he comes to office through succession rather than election—though this is highly debatable and would face intense legal scrutiny.
Other nations have found various ways to extend leadership, whether by changing the constitution (like Russia, China, Türkiye) or through parliamentary flexibility (like Germany, the U.K., and India). India allows unlimited terms for its Prime Minister as long as the person continues to have the support of the Lok Sabha.
