PRESIDENT OF INDIA Vs. PRESIDENTIAL POLL

JUDGEMENT

(1.) This reference has been made by the President under Art. 143(1) of the Constitution of India for the opinion of this Court on certain questions of constitutional importance bearing upon the election to fill the vacancy on the expiry of the term of office of the President on 24 August, 1974.

(2.) The reference turns on the principal question as to whether the election to fill the vacancy caused on the expiry of the term of office of the President must be completed before the expiry of the term of office notwithstanding the fact that the Legislative Assembly of the State of Gujarat is dissolved.

(3.) Article 52 states that there shall be a President of India. Article 56(1) states that the President shall hold office for a term of five years from the date on which he enters upon his office. Article 60 states that every President before entering upon his office shall make and subscribe an oath of affirmation as mentioned therein. Article 62(1) states that an election fill a vacancy caused by the expiration of the term of the office of President shall be completed before the expiration of the term. Article 56(1) (c) states that the President shall notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.