Maarg Manthan · Topic 13.6

Filling a Casual Vacancy in the Office of President (Article 62)

Indian Polity › President · Topic 13.6

A casual vacancy in the President’s office must be filled by election within six months; meanwhile the Vice-President, then the Chief Justice of India or the seniormost Supreme Court judge, acts with full presidential powers.

5 min read · UPSC Prelims · Polity · President

At a Glance

What it is Rules on elections and acting arrangements when the office falls vacant
Article Article 62 and Article 65
Time limit Election within six months of the vacancy
Acting Vice-President, then the Chief Justice of India
Exam link UPSC Prelims, Polity: President

Where Does It Fit?

This is the sixth topic of the category on the President. The Constitution ensures that the office never stays without a functionary and sets time limits for the election of a successor.

How a Vacancy Arises

On the expiry of the tenure of five years.
By resignation.
On removal by impeachment.
By death. So far two Presidents, Dr Zakir Husain and Fakhruddin Ali Ahmed, have died during their term.
Otherwise, for example, when the President becomes disqualified or the election is declared void.

Time for Holding the Election

When the vacancy is to be caused by the expiry of the term, an election to fill it must be held before the term expires. If the election is delayed, the outgoing President continues until the successor assumes charge, and in this situation the Vice-President does not act as President. If the office falls vacant by resignation, removal, death or otherwise, the election must be held within six months from the date of the vacancy, and the newly elected President remains in office for a full term of five years from the date of assuming charge.

Who Acts in the Meantime (Article 65)

Situation	Who acts
Vacancy due to resignation, removal, death or otherwise	The Vice-President acts as President until a new President is elected
President unable to discharge functions due to absence, illness or other cause	The Vice-President discharges the functions until the President resumes office
Office of the Vice-President is also vacant	The Chief Justice of India, or if that office is also vacant, the seniormost judge of the Supreme Court available

A person acting as President or discharging the functions enjoys all the powers and immunities of the President and gets the emoluments, allowances and privileges fixed by Parliament.

When the Vice-President Acts

The Vice-President can act as President for a maximum of six months, within which a new President must be elected. While acting as President or discharging the President’s functions, the Vice-President does not perform the duties of the Chairman of the Rajya Sabha; those are performed by the Deputy Chairman. During this period the Vice-President is not entitled to the salary and allowances of the Chairman of the Rajya Sabha, but gets the salary and allowances of the President.

The Vice-President also discharges the functions when the sitting President is unable to do so due to absence or illness. Dr S. Radhakrishnan, as Vice-President, discharged the functions of the President in June 1960 when Dr Rajendra Prasad was on a 15-day tour to the USSR, and again in July 1961 when Dr Rajendra Prasad was very ill. When Presidents Zakir Husain and Fakhruddin Ali Ahmed died in office, the then Vice-Presidents V.V. Giri and B.D. Jatti respectively acted as President. Unlike the American Vice-President, who succeeds to the presidency for the unexpired term, the Indian Vice-President merely serves as acting President until the new President assumes charge. The Constitution fixes no separate emoluments for the Vice-President in that capacity.

An Illustration

In May 1969, when President Dr Zakir Husain died, Vice-President V.V. Giri was acting as President. Soon after, V.V. Giri resigned to contest the presidential election. The Chief Justice of India, M. Hidayatullah, then worked as the officiating President from 20 July 1969 to 24 August 1969.

The rule for expiry and the rule for a casual vacancy differ. In the case of expiry, the election must be held before the term ends. In the case of a casual vacancy, the Vice-President or the Chief Justice carries on the functions during the interval of up to six months.

Why Is This Topic Important?

Prelims facts Six months and the order of acting are standard
Illustration Hidayatullah case is a well-known example
Link to the Vice-President Prepares for category 14

What Came Next?

The next topic covers the executive powers of the President.

Key People and Terms

Casual vacancy Vacancy arising before expiry
Officiating President Person acting as President
Interregnum Gap in the office
Article 65 VP acts as President
Seniormost judge Next in line after the CJI

Exam Corner

Points to Remember

Election within six months of a casual vacancy.
Order: Vice-President, CJI, seniormost judge.
On expiry of term the VP does not act.
Two Presidents died in office: Zakir Husain and Fakhruddin Ali Ahmed.

Do Not Confuse With

Expiry vacancy and casual vacancy Expiry: outgoing President holds over; casual: VP acts
Acting President and officiating President Same function
Six months and five-year term New President serves a full term

Memory Hook

Six months to elect, Vice-President holds the fort, then Chief Justice, then the seniormost judge.

Mains Angle

Questions on this topic usually ask about constitutional continuity. Use these points to add depth.

No gap The office is always filled
Time limit Six months
Chain of succession VP then CJI
Powers of the acting President Full powers and immunities

A Question You May Face

An original practice question, not a past paper question.

“How does the Constitution ensure continuity in the office of the President?”

How to Answer

Introduction Articles 62 and 65.
Vacancies Five ways.
Acting arrangement VP and CJI.
Conclusion Continuity.

GS Relevance

Prelims: Indian Polity, President. GS Paper 2: Executive.

Frequently Asked Questions

Within what time must a vacancy in the office of the President be filled?

If the office falls vacant due to resignation, removal, death or otherwise, the election to fill it must be held within six months of the vacancy. The new President then serves a full term of five years.

Who acts as President when the office is vacant?

The Vice-President acts as President until a new President is elected. If the Vice-President’s office is also vacant, the Chief Justice of India, or the seniormost judge of the Supreme Court available, acts as President.

Does the Vice-President act as President if the term expires and elections are delayed?

No. If the election is delayed after expiry of the term, the outgoing President continues in office until the successor assumes charge, and the Vice-President does not get the opportunity to act as President or to discharge presidential functions.

What powers does an acting President have?

Any person acting as President or discharging the functions of the President, whether the Vice-President, the Chief Justice of India or the seniormost judge, enjoys all the powers and immunities of the President and the emoluments fixed by Parliament.

When did the Chief Justice of India act as President?

After President Dr Zakir Husain died in May 1969 and V.V. Giri resigned as acting President to contest the election, Chief Justice M. Hidayatullah worked as the officiating President from 20 July to 24 August 1969.

PYQ Practice — Statement Analysis

1 A casual vacancy in the President’s office must be filled within six months.

True

Article 62.

2 The Chief Justice acts as President before the Vice-President.

False

After the Vice-President.

3 The Vice-President acts as President when term expires and elections are late.