Constitution of India
ARTICLES
PART V: THE UNION
CHAPTER I: THE EXECUTIVE
The President and Vice-President
Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
Bare Act
- (1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
- (2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.
- (3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
Simplified Act
- (1) If the President's position becomes vacant because of death, resignation, removal, or any other reason, the Vice-President will take over as President until a new President is elected and starts their term.
- (2) If the President cannot perform their duties due to being away, sick, or any other reason, the Vice-President will perform the President's duties until the President is able to resume them.
- (3) While the Vice-President is acting as President or performing the President's duties, they will have all the powers and protections of the President. They will also receive the same salary, allowances, and benefits as the President, as decided by Parliament, or as specified in the Second Schedule until Parliament makes a decision.
Explanation using examples
Example 1:
Scenario: The President of India passes away unexpectedly.
Situation: The President of India, unfortunately, passes away due to a sudden illness. According to Article 65(1) of the Constitution of India, the Vice-President will step in to act as the President. The Vice-President will continue to perform the duties of the President until a new President is elected and takes office. During this period, the Vice-President will have all the powers, immunities, and privileges of the President.
Outcome: The Vice-President assumes the role of Acting President and ensures the continuity of the executive functions of the government. A new presidential election is conducted, and once the new President is elected and sworn in, the Vice-President returns to his original role.
Example 2:
Scenario: The President of India is undergoing a major surgery and will be unable to perform his duties for a month.
Situation: The President of India needs to undergo a major surgery and will be incapacitated for a month. According to Article 65(2) of the Constitution of India, the Vice-President will discharge the functions of the President during this period. The Vice-President will take over the responsibilities and powers of the President until the President recovers and is able to resume his duties.
Outcome: The Vice-President temporarily takes over the presidential duties, ensuring that there is no disruption in the functioning of the executive branch. Once the President recovers and is fit to resume his duties, the Vice-President steps back to his original role.
Example 3:
Scenario: The President of India is on an official visit abroad for two weeks.
Situation: The President of India is scheduled to visit several countries on an official tour for two weeks. During this period, according to Article 65(2) of the Constitution of India, the Vice-President will discharge the functions of the President. The Vice-President will handle all presidential duties and responsibilities until the President returns from the official visit.
Outcome: The Vice-President ensures that the executive functions of the government continue smoothly in the absence of the President. Upon the President's return, the Vice-President resumes his regular duties.
Example 4:
Scenario: The President of India resigns from office.
Situation: The President of India decides to resign from office due to personal reasons. According to Article 65(1) of the Constitution of India, the Vice-President will act as the President until a new President is elected and takes office. The Vice-President will have all the powers, immunities, and privileges of the President during this interim period.
Outcome: The Vice-President assumes the role of Acting President and oversees the executive functions of the government. A new presidential election is held, and once the new President is elected and sworn in, the Vice-President returns to his original role.
