Article 65 of the Indian Constitution: The Vice-President Acting as President

Article 65 of the Indian Constitution outlines the responsibilities of the Vice-President when the President is unable to perform their duties. 

It ensures that the highest office of the country never remains vacant by allowing the Vice-President to act as President during a vacancy or to temporarily discharge the President’s functions in situations like illness, absence, or any other inability. This provision maintains stability, continuity, and smooth functioning of the executive branch.

Article 65 of the Indian Constitution Overview

Article 65 of the Indian Constitution explains the role of the Vice-President when the President is absent or the office becomes vacant. It ensures continuity in the highest office and smooth functioning of the government.

What Does Article 65 State?

Article 65 explicitly covers three situations in which the Vice-President of India will take on the role of the President.

1. Vacancy in the President's Office: If the office of the President becomes vacant due to the death, resignation, or removal of the President. In this case, the Vice-President acts as President until a new President is elected and assumes office.

2. President's Absence: If the President is unable to discharge their functions due to absence, illness, or any other cause. During this period, the Vice-President acts as the President until the actual President resumes their duties.

3. President’s Inability to Discharge Functions: This covers any situation, besides absence, where the President cannot perform their duties.

When the Vice-President takes on the role, they get all the powers, immunities, and benefits that the President is entitled to.

Key Provisions of Article 65

The provisions of Article 65 are straightforward and essential for constitutional function.

• The Vice-President acts as the President during a vacancy until a new President takes charge.

• The Vice-President also performs the President's functions when the President is unable to do so due to absence, sickness, or other reasons.

• While acting as President, the Vice-President receives the same salary and allowances as the President.

Role of the Vice-President as Acting President

When the Vice-President acts as President, they stop performing the duties of the Chairperson of the Rajya Sabha (Council of States). This is important because the President is an executive figure, while the Chairperson of the Rajya Sabha is a legislative one. A Deputy Chairman would then perform the duties of the Chairperson of the Rajya Sabha during that period.

When the Vice-President performs the President's functions, the Vice-President holds all the powers and immunities of the President.