Article 65 of the Indian Constitution: The Vice-President's Role in the Absence of the President

12/18/20232 min read

person holding white samsung android smartphone
person holding white samsung android smartphone

Introduction

The Indian Constitution is a comprehensive document that outlines the framework of the country's governance. It provides for various roles and responsibilities of the different branches of government, ensuring a smooth functioning of the democratic system. One such provision is Article 65, which deals with the Vice-President's role in the absence of the President. This article is of utmost importance as it ensures continuity in the functioning of the highest office in the country, even in times of temporary vacancies or the President's absence.

Article 65: An Overview

Article 65 of the Indian Constitution states that in the event of a casual vacancy in the office of the President, or during the President's absence, the Vice-President shall act as the President. The Vice-President assumes all the powers and functions of the President during this time. This provision ensures that there is no void in the leadership of the country and that the government can continue its operations smoothly.

Casual Vacancies in the Office of the President

A casual vacancy in the office of the President may arise due to various reasons, such as the President's resignation, death, removal, or inability to discharge the duties of the office. In such cases, the Vice-President steps in and takes over the role of the President until a new President is elected or the incumbent President is able to resume office.

It is important to note that the Vice-President does not become the President permanently in these situations. The Vice-President only acts as the President until the vacancy is filled. The process of filling the vacancy is outlined in Article 62 of the Indian Constitution, which deals with the election of the President.

The Vice-President's Role in the Absence of the President

Article 65 also provides for the Vice-President to act as the President during the President's absence. The President's absence may be due to various reasons, such as illness, foreign visits, or any other temporary circumstances. In such cases, the Vice-President assumes the powers and functions of the President until the President returns.

During the Vice-President's tenure as the acting President, he or she is vested with the same powers and responsibilities as the President. This includes the power to promulgate ordinances, appoint judges, and perform other executive functions. However, it is important to note that the Vice-President cannot exercise the power of pardon or commute a death sentence during this time.

Significance of Article 65

Article 65 plays a crucial role in ensuring the continuity of the highest office in the country. It prevents any power vacuum or disruption in the functioning of the government. By allowing the Vice-President to act as the President during casual vacancies or the President's absence, the Constitution ensures that there is always a designated leader at the helm.

This provision also reflects the principles of checks and balances in the Indian democratic system. It ensures that no single individual or office holds absolute power. By designating the Vice-President as the temporary President, the Constitution ensures that there is a separation of powers and that no one branch of government can dominate.

Conclusion

Article 65 of the Indian Constitution is a crucial provision that outlines the Vice-President's role in the absence of the President. It ensures the continuity of the highest office in the country and prevents any disruption in the functioning of the government. This provision reflects the principles of checks and balances and ensures that power is not concentrated in a single individual or office. By understanding and upholding Article 65, we can ensure the smooth functioning of our democratic system and the stability of our nation.