Articles 61 and 62 of the Constitution of India: Impeachment and Presidential Vacancy
Articles 61 and 62 form part of Part V of the Constitution of India. Article 61 lays down the constitutional procedure for impeachment of the President for violation of the Constitution. Article 62 fixes the time for holding an election when the office of President is due to become, or becomes, vacant.
In brief: impeachment may originate in either House of Parliament and requires the special notice and voting thresholds stated in Article 61. For a casual vacancy in the office of President, Article 62 requires the election to be held as soon as possible and, in any event, within six months.
Article 61 - Procedure for impeachment of the President
Article 61 provides the exclusive constitutional framework described in the Constitution for impeachment of the President on the ground of violation of the Constitution. The charge may be preferred by either House of Parliament.
Key requirements under Article 61
Initiation: Either House of Parliament may prefer the charge.
Written notice: The resolution can be moved only after at least fourteen days' written notice. The notice must be signed by not less than one-fourth of the total number of members of that House.
First House majority: The resolution must be passed by a majority of not less than two-thirds of the total membership of that House.
Investigation: The other House investigates the charge, or causes it to be investigated. The President has the right to appear and to be represented at the investigation.
Removal: If the investigating House passes a resolution, by not less than two-thirds of its total membership, declaring that the charge has been sustained, the President is removed from office from the date that resolution is passed.
Article 62 - Election when the office of President becomes vacant
Article 62 distinguishes between a vacancy arising because the President's normal term is expiring and a casual vacancy arising from death, resignation, removal or another reason.
| Situation | Constitutional requirement |
|---|
| Expiry of the President's term | The election to fill the vacancy must be completed before the existing term expires. |
| Death, resignation, removal or other casual vacancy | The election must be held as soon as possible and no later than six months from the date the vacancy occurs. |
| Term of person elected to fill a casual vacancy | Subject to Article 56, the person elected is entitled to a full five-year term from the date on which the person enters office. |
Meaning and practical effect of Articles 61 and 62
Article 61 concerns removal through impeachment and sets deliberately high procedural thresholds: advance written notice, support from at least one-fourth of the total membership for moving the proposal, and a two-thirds majority of the total membership at the relevant voting stages. Article 62, by contrast, is concerned with continuity in the office of President by prescribing when an election must be completed after an anticipated or casual vacancy.
Related constitutional provision: Article 56
Article 62(2) expressly makes the full five-year term of a President elected after a casual vacancy subject to Article 56. Article 56 deals with the term of office of the President, including resignation and removal by impeachment.
Frequently asked questions
Which House can start impeachment proceedings against the President?
Either House of Parliament may prefer the charge, subject to the notice and voting requirements in Article 61.
How much notice is required before an impeachment resolution is moved?
At least fourteen days' written notice is required, signed by not less than one-fourth of the total number of members of the House concerned.
What majority is required?
Article 61 requires a majority of not less than two-thirds of the total membership of the House at the specified stages. This is a threshold based on total membership, not merely members present and voting.
How soon must a Presidential election be held after a casual vacancy?
It must be held as soon as possible and in no case later than six months from the date on which the vacancy occurs.
Does a President elected after a casual vacancy serve only the balance of the earlier President's term?
No. Subject to Article 56, Article 62(2) entitles the person elected to a full term of five years from the date on which that person enters office.
This page is an explanatory legal information resource. For authoritative wording, amendments and official publication, consult the official Constitution of India sources linked above.
