Article 62 of Indian Constitution deals with the timing of Presidential elections to ensure no prolonged vacancy in the office. It outlines that elections to replace an outgoing President must be completed before their term ends. In cases of unforeseen vacancies due to death, resignation or removal, elections must be held within six months. The newly elected President serves a full five-year term from the date of assuming office. Article 62 of the Constitution ensures a smooth transition, maintains constitutional continuity and avoids disruption in governance. Explore other important Constitutional Articles.

Article 62 of Indian Constitution

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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Download Free PDF Article 62 of Indian Constitution

Article 62 of Indian Constitution ensures that the office of the President is never left vacant for an extended period whether the vacancy is planned or sudden. It differentiates between regular succession and unforeseen vacancies. It also prescribes certain timelines for both. In addition, it upholds the principle of a full five-year term for every newly elected President. The following are some important interpretative points:

• Scheduled Vacancy: As per Article 62 of Constitution elections must be completed before the current President term ends to ensure continuity.
• Casual Vacancy: In case of death, resignation or removal, the elections must be held within six months as stated under Article 62 of Indian Constitution.

• Fixed Tenure: The newly elected President always gets a complete five-year term and ensures consistency in tenure.
• Constitutional Stability: The timelines prevent any constitutional or administrative void in the executive head position.

Article 62 of Indian Constitution Significance

Article 62 of Indian Constitution under Part V plays an essential role in maintaining the stability and continuity of constitutional framework of India. It provides timelines for presidential elections and ensures that leadership transitions are timely and well structured. The following are some significant points:

• Prevents Constitutional Gaps: Article 62 of Constitution keeps the office of the President from remaining vacant
• Ensures Political Stability: It facilitates smooth and uninterrupted governance
• Clarifies Succession Process: Article 62 of Indian Constitution specifies procedures for both scheduled and unforeseen vacancies
• Upholds Democratic Process: It also bolsters the regular and fair electoral practices at the highest level

Article 62 of Indian Constitution ensures the proper functioning of the Republic by setting clear deadlines for presidential elections. It guarantees continuity in leadership and avoids any disruption in governance at the Union level.

• Timely Election Mandate: It requires elections before the term ends or within six months of a vacancy.
• Full Term Assurance: Even in a casual vacancy, the elected President serves a full five-year term.
• Smooth Transition: It promotes stable transfer of power without administrative interruption.
• Governance Continuity: It maintains consistent executive authority and constitutional operations.

Article 62 of Indian Constitution Important Case Law

In the Presidential Election case, the Supreme Court ruled that as per Article 54, Article 55 and Article 62 of Indian Constitution, the election to fill the office of the President must be completed before the sitting President’s term ends. The Court explained that Article 56(1)(c) of Constitution is applicable only in situations where newly elected President has not assumed office and allows outgoing President to continue temporarily until successor takes charge

Conclusion

Article 62 of Indian Constitution ensures the timely election of the President. It maintains the stability & continuity of the Union Executive. It also prevents prolonged vacancies and upholds the smooth functioning of constitutional governance.