Article 65 of the Indian Constitution outlines the role of the Vice President of India in acting as the President in case of a vacancy in the office of the President or during the President’s inability to discharge their duties. Here is a comprehensive guide that ensures the continuity of governance by assigning a temporary leader when the President’s office is vacant or the President is absent.

What is Article 65 of the Indian Constitution?

Article 65 of the Indian Constitution states that the Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of the President

• Article 65 (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.
• Article 65 (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.
• Article 65 (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.

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Role of the Vice President Under Article 65

The Vice President of India, elected as per Articles 63 and 64, acts as the ex-officio Chairman of the Rajya Sabha. However, under Article 65, their role temporarily shifts to that of the President during:

• Casual Vacancies: When the President’s office becomes vacant due to resignation, impeachment, or death.
• Inability to Act: If the President is unable to perform their duties due to health or absence from India.

The Vice President acts as President until a new President is elected or the President resumes their duties.

Powers and Functions of the Vice President Acting as President

When the Vice President assumes the role of the President, they exercise all constitutional powers and functions, including:

1. Executive Powers:
   1. Appointing the Prime Minister and other ministers.
   2. Issuing ordinances during the Parliament’s recess.
2. Legislative Powers:
   1. Summoning and proroguing Parliament sessions.
   2. Giving assent to bills passed by Parliament.
3. Judicial Powers:
   1. Granting pardons, reprieves, respites, or remissions under Article 72.
4. Emergency Powers:
   1. Declaring a national, state, or financial emergency under Articles 352, 356, or 360.

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Significance of Article 65

Article 65 of the Indian Constitution plays a crucial role in maintaining the stability of governance during unforeseen circumstances. Below are the key points highlighting its significance:

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1. Continuity of Governance: Ensures that there is no power vacuum in the executive.
2. Flexibility in Leadership: Provides a mechanism for temporary leadership during unforeseen circumstances.
3. Strengthens Federal Structure: Highlights the adaptability of India’s constitutional framework in handling contingencies.

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