340551

Sir, the Honourable Mover has already referred to the use of the words “casual vacancies” in this clause. This expression has given rise to a number of difficulties which deserve to be avoided. Casual vacancies are generally vacancies which occur in the middle of a prescribed term for a particular office, and when they are filled up, the person who gets into the office is supposed to be in the office only for the remainder of the term. But the whole object of this clause is that the person elected for the vacancy should start on a full term of office, and therefore it is desirable that the drafting of this clause should be so changed as to bring out the intention much more clearly than it does now. For achieving this end, I move the following amendment.

“That for Clause 5, the following be substituted:    

 ‘5. Vacancies in the office of President.–Appropriate provision should be made for elections to fill vacancies in the office of President, whether occurring before, or at, the end of the normal term of an incumbent of that office, the detailed procedure for elections being left to be regulated by Act of the Federal Parliament:    

Provided that in the case of a vacancy occurring before the end of the normal term of a particular incumbent,(a) the election to fill the vacancy shall be held as soon as possible after, and, in no case, later than six months from, the date occurrence of the vacancy; and (b) the person elected as President at such election shall be entitled to hold office for the full term of five years’.” 

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