A vacancy in the President’s office in India can occur due to various reasons such as the completion of the term, resignation, death, or removal from office. The procedures and provisions for dealing with a vacancy in the President’s office are outlined in the Constitution of India.
1. Completion of Term:
- The President of India serves a term of five years. At the end of the term, if the incumbent President does not seek re-election or is not re-elected, a vacancy is created.
2. Resignation:
- If the President wishes to resign before completing the term, they can do so by addressing the resignation letter to the Vice President of India.
3. Death:
- In the unfortunate event of the death of the President while in office, a vacancy is created.
4. Removal:
- The President can be removed from office on the grounds of violation of the Constitution or impeachable offenses. The process of removal involves impeachment by the Parliament.
5. Temporary Absence or Inability:
- If the President is temporarily unable to perform the duties of the office due to illness, travel, or any other reason, the Vice President can act as the President during that period. This doesn’t create a permanent vacancy but a temporary delegation of duties.
Filling the Vacancy:
a. Completion of Term or Resignation:
- If the vacancy occurs due to the completion of the term or resignation, the Vice President continues in office as the Acting President until a new President is elected.
b. Death or Removal:
- In the case of death or removal, the Vice President continues as the Acting President until a new President is elected.
Election of a New President:
- Time Frame:
- The election to fill the vacancy must be held within six months of the occurrence of the vacancy.
2.Procedure:
- The election is conducted in accordance with the procedures outlined in the Presidential and Vice-Presidential Elections Act, 1952, and the Representation of the People Act, 1951.
3. Nomination:
Candidates are nominated by at least 50 electors as proposers and 50 electors as seconders. Electors include Members of Parliament and Members of Legislative Assemblies.
4. Value of Votes:
The value of votes is determined based on the population of the states and union territories.
5. Counting of Votes:
The votes are counted, and the candidate who secures more than 50% of the total votes is declared elected.
Oath and Assumption of Office:
- The President-elect takes the oath of office as per the prescribed format before entering upon the duties of the office.
- The oath is usually administered by the Chief Justice of India or, in their absence, the senior-most judge of the Supreme Court.
The detailed constitutional provisions ensure a systematic and democratic process for filling a vacancy in the President’s office, maintaining the continuity of the highest executive authority in the country.
