Constitution of India · Section Article 62
Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
Article 62 — Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy
- Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.—(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the provisions of article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.
Plain English Summary
This article explains when an election must take place if the President's term ends or if the office becomes vacant due to death, resignation, or removal. The person elected to fill this temporary vacancy will serve for the full five-year term of the President.
Key Points
- An election to fill a vacancy caused by the end of the President's term must be finished before that term expires.
- If the President vacates the office (by death, resignation, or removal), an election must happen as soon as possible, but no later than six months after the vacancy occurs.
- The person elected to fill the vacancy gets to serve for the entire five-year term of the President.
- The term of the person elected is subject to the rules mentioned in Article 56.
Why It Matters
This ensures that the office of the President remains filled legally and that a successor is appointed promptly when a vacancy arises, maintaining the continuity of the executive function.
Landmark Judgements
No major landmark judgements.