Vice-President Acting as President or Discharging Presidential Functions (Article 65)

At a Glance

• What it is The Vice-President’s second function: acting as President
• Article Article 65 (and Article 70 for other contingencies)
• Limit A maximum of six months
• Examples V.V. Giri, B.D. Jatti and Radhakrishnan (1960, 1961)
• Exam link UPSC Prelims, Polity: Vice-President

Where Does It Fit?

This is the last topic of the category on the Vice-President. The second function of the Vice-President is to act as President when a vacancy occurs in the President’s office, or when the President is unable to discharge the functions.

When the Vice-President Acts

Powers, Pay and Duties While Acting

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 determined by Parliament. While acting, the Vice-President does not perform the duties of the Chairman of the Rajya Sabha, and these are carried on by the Deputy Chairman. The Vice-President is not entitled to the salary and allowances of the Chairman during this time but receives the salary and allowances of the President. The Vice-President also takes an oath similar to that of the President on such occasions.

Instances

When President Dr Zakir Husain died in May 1969, Vice-President V.V. Giri acted as President; when President Fakhruddin Ali Ahmed died, Vice-President B.D. Jatti acted. 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 V.V. Giri resigned as acting President to contest the presidential election in 1969, the Chief Justice of India, M. Hidayatullah, worked as the officiating President from 20 July 1969 to 24 August 1969.

Why the Office Exists

The Vice-President is placed second in the official warrant of precedence, next to the President. The Constitution has not assigned any significant function to the Vice-President as Vice-President. The office was created with a view to maintain the political continuity of the Indian State: if the President dies, resigns or is removed, or is absent or ill, there is a ready functionary of high rank who can carry on the President’s duties at once, and the next functionaries in line are the Chief Justice of India and then the seniormost judge of the Supreme Court available. This chain ensures that the head of the State is never missing, however short the interval.

The Vice-President’s own continuity is also protected: the election to fill a casual vacancy in the Vice-President’s office has to be held as soon as possible, and the person elected holds office for a full term of five years from the date of assuming charge.

Not a Successor

Although the Indian office is modelled on the American one, there is a difference. The American Vice-President succeeds to the presidency when it falls vacant and remains President for the unexpired term of the predecessor. The Indian Vice-President does not assume the office of the President for the unexpired term. He or she merely serves as acting President until the new President assumes charge. The new President is elected within six months, and then serves a full five-year term from the date of taking charge. The constitutional provisions relevant to this topic are Article 65 on casual vacancies and absence of the President, and Article 70 on discharge of the President’s functions in other contingencies.

Why Is This Topic Important?

• Direct Prelims facts Six months and succession order are standard
• Examples Giri and Jatti are asked
• USA comparison Acting versus succeeding

What Came Next?

The next category covers the Prime Minister and the Council of Ministers, beginning with the appointment and powers of the Prime Minister.

Key People and Terms

• Acting President Vice-President in a vacancy
• Officiating President Chief Justice of India when the VP is not available
• Article 65 VP acts as President
• Article 70 Other contingencies
• Unexpired term Remainder of the earlier term

Exam Corner

Mains Angle

Questions on this topic usually ask about continuity in the head of State. Use these points to add depth.

• Continuity Office never remains without a functionary
• Limited role Acting, not successor
• Chain of acting VP, CJI, seniormost judge
• Examples Giri, Jatti, Radhakrishnan