- Article 65 Of The Indian Consitution – An Overview
- Article 65 Of The Indian Constitution – In Detail
- Clause 1 – As it is & Explanation
- Clause 2 – As it is & Explanation
- Clause 3 – As it is & Explanation
In this article, we will reflect on Article 65 of the Indian constitution. Before we delve right into what all being said and done in the Article, let us just go through the context to have a better understanding.
Article 65 Of The Indian Consitution – An Overview
To regulate an organization successfully, there has to be a well-defined hierarchy. It smoothens the functioning and ensures proper compliance. Similarly, if we look at our country as a large complex organization, we will see that there is a well-structured hierarchy here as well.
Among all the prominent officials that are contributing to the functioning of the government, the President is at the top of the ladder and holds pivotal decision-making powers. You must be thinking that what would happen if the Protagonist of the nation is unable to discharge his duties due to any reason? Who would look after all the matters? Who will have the office?
Let us follow up on these questions and conquer all the concepts related to this.
Article 65 Of The Indian Constitution – In Detail
As we know that after the President of India, the supreme power is held by the Vice-President of India. He holds the second most powerful and important office in the country. So, in a situation where his immediate superior is unable to carry out the chores, he will take up charge and will make decisions as an acting president.
There are three clauses under the Article but this is the sole essence of the aforementioned Article. Now, let us break down every sub-clause of the Article so that we can have a better understanding.
Clause 1 – As it is & Explanation
” (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”
Clause 1 simply states that if there arises a situation where the office of the President is vacant due to unforeseen causes such as death, resignation, or removal from office, then his immediate subordinate who is the Vice-President of the nation will discharge his duties as an acting President of the country.
Clause 2 – As it is & Explanation
“(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”
Clause 2 extends on the notion of the Vice-President acting as the President temporarily in case of vacant due to causes that can lead to temporary vacancies such as illness. Since it is the temporary charge of office so the Vice President shall serve the purpose till the time the President is back to take the charge.
Clause 3 – As it is & Explanation
“(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”
Clause 3 of Article 65 of the Indian constitution says that if the Vice-President is an acting President of the country as we saw that he can from the above-mentioned clauses, he will be eligible for all the benefits that a President has. No matter even if he is just an acting President but if he discharges the duties of the President, he will have all allowances, and privileges, until there is some provision, is made on behalf of these privileges. These privileges are defined in the Second Schedule
We got the concept of how the Vice-President is lawfully obliged to serve as his immediate superior from Article 65 of the Indian constitution. The best conclusion that can be taken out from this blog you are reading is that the constitution has been designed in such a way that there will never be any loopholes in the functioning of the government.
Even in times of lack of resources, our constitution has everything covered to ensure a smooth running of government.
What happens if the President dies while in office?
If the President dies while in office, then the Vice-President will take the charge and will be the acting President for the next 6 months. The President shall be elected within the next 6 months.
Who acts as President in absence of the President?
The Vice-President will act as President in absence of the President.