Introduction

The President of India holds a pivotal position in the country's governance system. Article 70 of the Indian Constitution outlines the provisions for the discharge of the President's functions in situations that are not explicitly addressed by the constitution. This article provides the President with the necessary authority to act in unforeseen circumstances and ensures the smooth functioning of the government.

Article 70: An Overview

Article 70 of the Indian Constitution states:

"The President may make such provision as he thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter."

This article grants the President the power to make necessary arrangements for the discharge of their functions in situations that are not specifically covered in the preceding chapters of the constitution. This provision ensures that the President can effectively carry out their duties even in exceptional circumstances.

Role of the President

The President of India is the head of state and exercises powers and functions as enshrined in the Constitution. The President's role includes:

• Appointing the Prime Minister and Council of Ministers
• Summoning and proroguing sessions of Parliament
• Granting assent to bills passed by Parliament
• Representing India in international relations
• Commanding the armed forces
• Granting pardons, reprieves, and commuting sentences

These powers and functions are explicitly mentioned in the Constitution. However, there may be situations where the President needs to act in contingencies that are not covered in the existing provisions.

Contingencies Not Provided for in the Constitution

Article 70 empowers the President to make provisions for situations that are not specifically addressed in the Constitution. These contingencies may arise due to various factors such as:

• Emergencies: In the event of a national emergency, the President may need to take actions that are not explicitly mentioned in the Constitution. Article 352 provides for the proclamation of emergency, and in such cases, the President's functions may extend beyond the usual scope.
• Unforeseen Events: The Constitution cannot foresee every possible situation that may arise in the future. For instance, a natural disaster or a major crisis may require the President to take immediate action to safeguard the interests of the nation.
• Constitutional Gaps: While the Indian Constitution is comprehensive, there may be instances where certain contingencies are not explicitly covered. In such cases, Article 70 allows the President to fill the gaps and ensure the smooth functioning of the government.

It is important to note that the President's actions in these contingencies should be in accordance with the principles laid down in the Constitution and should not infringe upon the rights and liberties of the citizens.

Discharging Functions in Other Contingencies

Article 70 enables the President to make suitable arrangements for the discharge of their functions in contingencies not provided for in the Constitution. The President may exercise this power by:

• Seeking Expert Opinion: The President can consult legal experts, constitutional scholars, and advisors to determine the appropriate course of action in unforeseen situations. This ensures that the President's decisions are well-informed and in line with constitutional principles.
• Issuing Executive Orders: The President may issue executive orders to address specific contingencies. These orders have the force of law and are binding until they are repealed or modified by subsequent actions.
• Seeking Parliamentary Approval: In certain cases, the President may seek the approval of Parliament to validate their actions in contingencies not provided for in the Constitution. This ensures democratic oversight and accountability.
• Consulting the Council of Ministers: The President can seek the advice of the Council of Ministers, headed by the Prime Minister, in making decisions related to contingencies not explicitly covered in the Constitution. This collective decision-making process ensures a broader perspective and consensus.

The President's actions in discharging their functions in other contingencies should be guided by the principles of justice, fairness, and the best interests of the nation.

Conclusion

Article 70 of the Indian Constitution plays a crucial role in ensuring that the President can effectively carry out their functions in contingencies not explicitly provided for in the Constitution. This provision grants the President the necessary authority to act in unforeseen circumstances, thereby safeguarding the interests of the nation and ensuring the smooth functioning of the government. It is important for the President to exercise this power judiciously, keeping in mind the principles of the Constitution and the welfare of the citizens.