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Article 62

Timing of Presidential Elections and Casual Vacancies

Official heading: “Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part V, Article 62, printed page 29
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1. In One Sentence

Article 62 requires regular presidential elections to be completed before the incumbent’s term expires, and mandates that casual vacancy elections be held within six months, granting the new President a full five-year term.

2. What It Means in Everyday Language

Article 62 governs the timing of presidential elections to ensure institutional continuity. Under clause (1), an election to fill a vacancy caused by the normal expiration of the President’s five-year term must be completed before that term expires.

Clause (2) addresses casual vacancies caused by death, resignation, removal, or any other contingency. In such cases, the election must be held as soon as possible and strictly within six months from the date the vacancy occurred.

Importantly, the person elected to fill a casual vacancy does not merely serve out the remainder of the predecessor’s term; under clause (2) and Article 56, they are entitled to hold office for a full five-year term from the date they enter upon office.

3. Practical Illustrative Example

Everyday Scenario:

A sitting President passes away two years into their term, triggering an election after the Vice-President temporarily takes over.

Core takeaway: Under Article 62(2), the new presidential election must take place within six months, and the newly elected person will serve a fresh full term of five years.
Illustrative Notice: During the intervening period until the new election is concluded, the Vice-President acts as President under Article 65.

4. Important Limits, Qualifications & Exceptions

Article 62 sets mandatory deadlines to prevent prolonged vacancies in the presidency.

  • Regular elections must be finalized before the sitting President’s five-year term ends.
  • Casual vacancy elections must be concluded within a maximum of six months.
  • Fresh tenure: A casual successor serves a full 5-year term, not the unexpired residue.
  • Ensures that temporary acting arrangements under Article 65 remain strictly transitional.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 62, printed page 29 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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