Actual Article
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
- In the event of the occurrence of any vacancy in the office of President by reason of his death, resignation, removal, or otherwise, the Vice-President shall act as President until a new President is elected and enters upon his office.
- 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 President resumes his duties.
- The Vice-President, while acting as President or discharging the functions of the President under this article, shall 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.
UPSC Notes for Article 65
Explanation:
- Succession Protocol: Article 65 outlines the protocol for the Vice-President to act as President during a vacancy or when the President is unable to discharge duties.
- Acting President: The Vice-President assumes the role of Acting President until a new President is elected or the current President resumes duties.
- Powers and Privileges: While acting as President, the Vice-President has all the powers, immunities, and privileges of the President.
Key Points:
- Continuity of Office: Ensures that the highest office in the country is never vacant, maintaining continuity in the executive branch.
- Temporary Succession: Provides a mechanism for temporary succession in case of short-term incapacity or absence of the President.
- Full Authority: Grants the Vice-President full authority to act as President, ensuring the office’s functions are carried out without interruption.
Important Cases and Commissions Related to Article 65
Cases:
- Mohd. Saeed Siddiqui vs State of Uttar Pradesh (2014): Although not directly related to Article 65, this case touches upon the responsibilities and succession of constitutional offices.
Commissions:
- National Commission to Review the Working of the Constitution (2000): Reviewed the provisions related to the succession of the President and the role of the Vice-President.
- Administrative Reforms Commission (1966 and 2005-2009): Emphasized the importance of a clear succession mechanism to ensure the stability of executive functions.
Important Reports Related to Article 65
- Law Commission Reports: Discussed the legal frameworks for succession and the powers of the Vice-President when acting as President.
- Parliamentary Standing Committee Reports: Examined the procedures for the Vice-President assuming the role of Acting President and provided recommendations for smooth transitions.
Previous Year Prelims Questions Related to Article 65
- (UPSC Prelims 2014) If the President of India wants to resign, he may do so by writing to the:
- A. Prime Minister
- B. Vice-President
- C. Speaker of Lok Sabha
- D. Chief Justice of India Correct Answer: B. Vice-President
- (UPSC Prelims 2017) In the event of a vacancy in the offices of both the President and Vice-President, who among the following shall discharge the functions of the President?
- A. Prime Minister
- B. Chief Justice of India
- C. Speaker of the Lok Sabha
- D. Comptroller and Auditor General of India Correct Answer: B. Chief Justice of India
Previous Year Mains Questions Related to Article 65
- Mains 2013: “Discuss the provisions in the Indian Constitution for the temporary succession to the office of President in the event of a vacancy. How does Article 65 ensure continuity in the highest office?”
- Mains 2018: “Analyze the role of the Vice-President as Acting President under Article 65 of the Indian Constitution. What are the key responsibilities and challenges associated with this role?”
Additional Insights:
- Role of the Vice-President as Acting President: When the Vice-President assumes the role of Acting President, they are expected to maintain the status quo and ensure that the executive functions continue smoothly. This role is crucial in avoiding any constitutional or administrative vacuum.
- Historical Context: The provision for the Vice-President to act as President was incorporated to ensure there is always a functioning head of state, reflecting the need for uninterrupted leadership.
- Comparative Analysis: Similar provisions exist in other democratic nations, ensuring that there is always a designated official to assume the highest office in case of emergencies, maintaining the stability and continuity of governance.
Understanding Article 65 is essential for UPSC aspirants as it provides insights into the constitutional mechanisms for maintaining continuity in the office of the President. This knowledge is crucial for both preliminary and main examinations, offering a comprehensive understanding of the succession and functioning of the highest constitutional office in India.