Article 62 deals with the time of holding election to fill a vacancy in the office of President and the term of office of the person elected to fill a casual vacancy. It ensures the continuity of the highest executive office in India, safeguarding democratic stability.
Article 62(1) mandates that the election to fill a vacancy due to term expiry must be completed before the term expires, ensuring no interregnum. Under Article 62(2), a vacancy due to death, resignation, or removal must be filled within six months.
Unlike the Vice-President acting as President (Article 65), the person elected to fill a casual vacancy under Article 62(2) serves a full five-year term. This provision strengthens the mandate of the President’s office.
Article 62, read with Articles 54, 55, and 56, forms the bedrock of presidential elections in India. The Election Commission of India conducts the presidential poll through an electoral college consisting of elected MPs and MLAs. The two key takeaways: no vacuum at the top and clarity in tenure for a successor. The Supreme Court has upheld that Article 62 is mandatory, and any delay beyond six months would be constitutionally impermissible. The provision balances stability with democratic representation.
| Type of Vacancy | Timeframe for Election | Term of New President |
|---|---|---|
| Expiration of 5-year term | Before expiry of term (Article 62(1)) | Full 5-year term |
| Death / Resignation / Removal | As soon as possible, max 6 months from vacancy date | Full 5-year term from date of assumption |
| Disqualification or other reasons | Within 6 months (Article 62(2)) | Full term (5 years) |
While primarily dealing with election disputes, the SC emphasized that constitutional offices must be filled with promptness; Article 62 reflects the principle of continuity of governance.
The Court reinforced that the six-month deadline under Article 62(2) is directory but carries strong constitutional obligation; any unreasonable delay would be struck down. The EC strictly follows it.
If a vacancy occurs within the last six months of the President's term, Article 62(2) still applies—election must be held within six months from the date of vacancy. However, in such scenario, the Vice-President may act as President under Article 65 until the new President is elected.
Yes, Article 62(2) explicitly states that the person elected to fill a casual vacancy "shall be entitled to hold office for the full term of five years from the date on which he enters upon his office." This is a unique feature, different from many other constitutions.
The Election Commission of India (ECI) conducts the Presidential election in accordance with the Presidential and Vice-Presidential Elections Act, 1952. The electoral college consists of elected members of Parliament and State Legislative Assemblies.
The Constitution does not provide an exception, but the Supreme Court has observed that Article 62(2) is mandatory in spirit. However, in extreme cases like war or national emergency, the Vice-President continues to act, and the delay would be constitutionally questionable. No such delay has occurred in India's history.
Since independence, India has witnessed smooth transitions under Article 62. The only instance of a casual vacancy was after the sudden death of President Dr. Zakir Husain in 1969. Vice-President V.V. Giri acted as President, and the presidential election was held within the six-month deadline under Article 62(2). Later, V.V. Giri was elected and served a full term. The provision ensured constitutional stability during a critical period.
Article 56 deals with the term of President (5 years) and the right to resign. Article 65 provides for the Vice-President to act as President during a vacancy. However, Article 62(2) ensures that the elected successor gets a fresh five-year term, which reinforces democratic mandate rather than just an acting arrangement. This combination ensures both continuity and legitimacy.