Article 62 of the Costitution of India with Case law
Article 62 of the Constitution of India – Explained with Case Law
🔹 Text of 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
Clause (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.
Clause (2):
An election to fill a vacancy in the office of President occurring by reason of death, resignation or removal, or otherwise, shall be held as soon as possible, and in no case later than six months from the date of occurrence of the vacancy;
The person so elected shall hold office for the full term of five years.
🔍 Key Points of Article 62
Timely Election: Presidential election must be completed before the current term ends.
Casual Vacancy: If the office becomes vacant due to death, resignation, or removal, election must be held within 6 months.
Full Term: Even in casual vacancy, the newly elected President serves a full 5-year term, not just the remainder.
⚖️ Relevant Case Laws on Article 62
🔸 Shamsher Singh v. State of Punjab (1974 AIR 2192)
Relevance: Though not directly on Article 62, it clarified the role of the President, emphasizing that the President acts on the advice of the Council of Ministers. This is important context when interpreting provisions like Article 62, where the timing and process of elections are influenced by executive functioning.
🔸 In Re Presidential Election, 1974 (AIR 1974 SC 1682)
Facts: Presidential election process was challenged due to some members of the electoral college not being elected.
Held: The vacancy or non-existence of some members in the electoral college does not affect the validity of the presidential election.
Relevance to Article 62: This case affirmed that elections must not be delayed and must be held even if there are temporary issues in the electoral college. It supports the idea of timely elections as per Article 62(1).
🔸 Election Commission of India v. Dr. Subramaniam Swamy (1996)
Relevance: Though related more to the powers of the Election Commission, it emphasized the importance of holding free and fair elections in a timely manner, which underlines the constitutional requirement in Article 62(1) and (2).
📌 Constitutional Provisions Working with Article 62
Article 56 – Term of office of President (5 years).
Article 58 – Qualifications for election as President.
Article 71 – Matters relating to election of the President.
Article 65 – Vice-President acts as President in case of vacancy.
✅ Summary
| Clause | Provision | Timeline |
|---|---|---|
| Article 62(1) | Election before President's term expires | Before end of 5-year term |
| Article 62(2) | Election in case of death/resignation/removal | Within 6 months |
| Term of newly elected President | Full 5 years |
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