Actual Article
Article 70: Discharge of President’s functions in other contingencies
Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.
UPSC Notes for Article 70
Explanation:
- Contingency Provisions: Article 70 empowers Parliament to make provisions for the discharge of the President’s functions in unforeseen circumstances not covered in the Constitution.
- Legislative Flexibility: This article provides flexibility to address any situation that might arise, ensuring the smooth functioning of the executive branch.
- Broad Scope: The provision is intentionally broad to encompass various unforeseen scenarios that could prevent the President from discharging their duties.
Key Points:
- Ensuring Continuity: Guarantees that the functions of the President are not disrupted due to unforeseen contingencies.
- Legislative Authority: Empowers Parliament to address gaps in the Constitution by legislating as needed for any situation not explicitly covered.
- Adaptability: Allows the constitutional framework to adapt to new and unprecedented situations, maintaining governance stability.
Important Cases and Commissions Related to Article 70
Cases:
- S.R. Bommai vs. Union of India (1994): This landmark case emphasized the importance of maintaining executive functions during contingencies, although it did not directly address Article 70.
- Arvind Dattatraya Dhande vs. State of Maharashtra (1997): Highlighted the necessity of legislative provisions to manage unforeseen circumstances affecting the functioning of constitutional offices.
Commissions:
- National Commission to Review the Working of the Constitution (2000): Reviewed the necessity of contingency provisions to ensure uninterrupted governance.
- Law Commission of India Reports: Discussed the scope and application of Article 70 in the context of constitutional governance and executive functions.
Important Reports Related to Article 70
- Election Commission Reports: Address the procedural aspects of handling unforeseen contingencies during elections, ensuring continuity in the executive branch.
- Parliamentary Committee Reports: Examine legislative measures and recommendations to address gaps in the Constitution concerning the discharge of the President’s functions.
Previous Year Prelims Questions Related to Article 70
- (UPSC Prelims 2014) Article 70 of the Indian Constitution deals with:
- A. The election of the President
- B. The powers of the President
- C. The discharge of the President’s functions in contingencies
- D. The impeachment of the President Correct Answer: C. The discharge of the President’s functions in contingencies
- (UPSC Prelims 2018) Which of the following Articles empowers the Parliament to make provisions for discharging the President’s functions in contingencies?
- A. Article 70
- B. Article 72
- C. Article 74
- D. Article 76 Correct Answer: A. Article 70
Previous Year Mains Questions Related to Article 70
- Mains 2017: “Discuss the significance of Article 70 in the Indian Constitution. How does it ensure the continuity of executive functions in unforeseen contingencies?”
- Mains 2019: “Analyze the role of Article 70 in empowering Parliament to address gaps in the Constitution. How does this provision enhance the adaptability and stability of the Indian executive framework?”
Additional Insights:
- Strategic Importance: Article 70 plays a crucial role in ensuring that the executive branch can continue functioning smoothly even when unexpected situations arise.
- Legislative Solutions: By empowering Parliament, Article 70 provides a mechanism for creating tailored solutions to specific problems that might not be anticipated by the Constitution.
- Governance Stability: The ability to address contingencies through legislative action helps maintain the stability and continuity of governance, preventing any potential power vacuums or administrative disruptions.
Understanding Article 70 is essential for UPSC aspirants as it highlights the importance of legislative provisions in maintaining the continuity and stability of executive functions. This knowledge is crucial for both preliminary and main examinations, offering insights into how the Indian Constitution ensures preparedness for unforeseen circumstances in the governance framework.