Article 62 of CoI : 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.
CoI
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Explanation using Example
Example 1:
Scenario: The current President of India, whose term is set to expire on July 25, 2025, is nearing the end of their term.
Application of Article 62(1): The Election Commission of India must ensure that the election for the new President is completed before July 25, 2025. This means that the entire election process, including nomination, campaigning, voting, and counting, must be concluded before the current President's term expires. For instance, if the election is scheduled for June 2025, the new President should be elected and ready to assume office by July 25, 2025.
Example 2:
Scenario: The President of India unexpectedly passes away on January 1, 2023.
Application of Article 62(2): In this case, the Election Commission of India must organize an election to fill the vacancy as soon as possible, but no later than six months from January 1, 2023. This means the election must be held by July 1, 2023, at the latest. Suppose the election is held on May 15, 2023, and a new President is elected. The newly elected President will then serve a full term of five years starting from the date they assume office, say May 20, 2023, and will hold office until May 19, 2028.