Constitution of India · Part V: The Union · The President and Vice-President
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
In plain words
An election to replace a President whose term is ending must be completed before the term ends. If the office falls vacant by death, resignation, removal or otherwise, the election must be held as soon as possible, and within six months. The person elected serves a full term of five years.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 62
- Supreme Court Advocates-On-Record Association and Another v. Union of India
- Ajay Kumar Bhuyan and Ors. v. State of Orissa and Ors.
- P.V. Narasimha Rao Etc. Etc. v. State (Cbl/Spe) Etc. Etc.
- Special Reference No. 1 of 1974 v. Special Reference No. 1 of 1974
- Narayan Bhaskar Khare v. The Election Commission of India