Article 65

Article 65 of the Constitution of India outlines the duties and powers of the Vice-President when the office of the President becomes vacant or when the President is unable to perform his or her functions. This provision ensures that the highest executive office of the nation never remains unoccupied, thereby maintaining the continuity of governance and the stability of the constitutional framework.

Background and Purpose

The Constitution of India envisages the President as the head of the State and the guardian of the Constitution. However, unforeseen circumstances such as death, resignation, removal, or incapacity may render the President unable to discharge his or her duties. To address such contingencies, the framers of the Constitution incorporated Article 65, which authorises the Vice-President to act as or discharge the functions of the President during such periods. This mechanism upholds the principle of uninterrupted governance and ensures that no constitutional crisis arises due to the absence of the President.

Provisions of Article 65

Clause (1): Acting as PresidentWhen a vacancy arises in the office of the President due to death, resignation, removal, or any other reason, the Vice-President acts as the President until a newly elected President assumes office. This provision guarantees an immediate transfer of executive authority without procedural delays.
Clause (2): Discharge of FunctionsIf the President is unable to perform his or her duties due to illness, absence from India, or any other reason, the Vice-President is authorised to discharge the functions of the President until the President resumes office. This clause differentiates between a temporary inability and a permanent vacancy, ensuring appropriate action for each scenario.
Clause (3): Powers and PrivilegesWhile acting as or discharging the functions of the President, the Vice-President enjoys all powers, immunities, and privileges of the President. He or she is also entitled to receive the same emoluments, allowances, and privileges as the President, as determined by Parliament or as specified in the Second Schedule to the Constitution.

Significance and Constitutional Importance

Article 65 serves as a cornerstone of the constitutional framework by ensuring continuity in the executive branch of government. It prevents a power vacuum at the national level and maintains administrative stability during transitional or emergency situations. The provision embodies the constitutional principle of resilience, reflecting the foresight of the framers who sought to secure the uninterrupted operation of the State.

Related Constitutional Articles

• Article 63: Establishes the office of the Vice-President of India.
• Article 64: Designates the Vice-President as the ex-officio Chairman of the Rajya Sabha.
• Article 66: Lays down the procedure for the election of the President and the Vice-President.Together, these articles create a coherent constitutional scheme governing succession and temporary substitution in the highest executive office.

Emoluments and Privileges of the Acting President

The remuneration and privileges of the Vice-President while functioning as President are determined by the Parliament. Until Parliament legislates otherwise, the Second Schedule of the Constitution governs these benefits. The acting President is entitled to all privileges and immunities attached to the office, ensuring that the dignity and authority of the Presidency are preserved, irrespective of the person temporarily occupying the position.

Judicial Interpretation and Case Law

Judicial pronouncements have reaffirmed the importance of Article 65 in maintaining constitutional order and governance continuity.

• K. S. Puttaswamy v. Union of India (2017) underscored the constitutional commitment to stable governance, highlighting that provisions like Article 65 are integral to ensuring institutional continuity.
• Shri Ram Krishna Dalmia v. Shri Justice S. R. Tendolkar (1958) emphasised the need for clarity in the distribution of constitutional powers and responsibilities, a principle applicable to the Vice-President’s role as acting President.

These judicial perspectives reinforce the importance of constitutional mechanisms that safeguard governance from disruption.

Historical and Practical Context

The framers of the Indian Constitution drew inspiration from established democratic systems to design a framework capable of withstanding crises. The debates in the Constituent Assembly reveal their intent to avoid any administrative paralysis by providing a clear line of succession. The practice of the Vice-President assuming the role of acting President has been witnessed on several occasions in India’s history, notably during brief transitions following the demise or resignation of Presidents.
From a practical standpoint, Article 65 guarantees that governance continues seamlessly. Ministries, Parliament, and administrative machinery remain functional, and executive decisions can be made without legal uncertainty.

Challenges and Potential Ambiguities

Despite its clarity, certain interpretational issues may arise under Article 65:

• Determining what constitutes the President being “unable to discharge his functions” can be subject to differing interpretations.
• The duration of acting leadership must be carefully managed to prevent prolonged periods without an elected President.
• The acting President must perform functions in accordance with constitutional limits, avoiding any conflict between his dual capacities as Vice-President and acting President.

Significance in the Modern Constitutional Framework

In contemporary India, Article 65 continues to hold immense importance. It reinforces the principle that constitutional offices must remain continuously functional, even in times of uncertainty. The article represents both a safeguard and a procedural necessity, ensuring that executive authority is never compromised. Through this provision, the Indian constitutional system upholds its democratic ethos, administrative stability, and commitment to continuity in governance.