Consider the following statements regarding the time of holding electi

Consider the following statements regarding the 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.
  • 3. The person elected to fill the vacancy shall, subject to the provisions of Article 52, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Which of the above statements are correct ?

1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
This question was previously asked in
UPSC SO-Steno – 2018
The correct answer is D.
Statement 1 is correct. Article 62(1) states that 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.
Statement 2 is correct. Article 62(2) states that 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.
Statement 3 is correct. As per the latter part of Article 62(2), read with Article 56(1) which defines the term of office, the person elected to fill a casual vacancy holds office for the full term of five years from the date they assume office, not just for the remainder of the previous President’s term. Article 52 simply states there shall be a President of India; it doesn’t impact the term length of a person filling a vacancy.
The provisions in Article 62 ensure continuity in the office of the President. For a vacancy caused by term expiry, the successor must be elected before the incumbent’s term ends. For a casual vacancy, a time limit of six months is prescribed for holding the election to avoid a prolonged vacancy. The person elected in a casual vacancy enjoys the same full term as a regularly elected President.