Article 65 of the Costitution of India with Case law
Article 65 of the Constitution of India:
Title: Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence of President
Text of 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 a new President is elected and enters upon his office.
(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 President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, the 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.
Explanation:
Article 65 deals with the powers and functions of the Vice-President when:
There is a vacancy in the office of the President, or
The President is temporarily unable to perform his duties.
The Vice-President acts as President until the vacancy is filled or the President resumes duty.
While discharging the President’s functions, the Vice-President enjoys all powers and privileges of the President.
Related Case Law:
1. Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer (1967)
Citation: AIR 1967 SC 1836
Relevance: This case did not directly deal with Article 65 but addressed the executive power and its exercise during the President’s absence. It emphasized the continuity of governance and supported the constitutional mechanism laid out in Articles like 65.
2. Shamsher Singh v. State of Punjab (1974)
Citation: AIR 1974 SC 2192
Key Point: The case explained the role of constitutional heads (President and Governors) and emphasized that real executive power lies with the Council of Ministers even when Vice-President is acting as President under Article 65.
3. M. Ismail Faruqui v. Union of India (1994)
Citation: AIR 1995 SC 605
Relevance: Though not directly related to Article 65, the court reiterated that constitutional posts like President and Vice-President have clearly defined powers, and temporary assumptions of power (as per Article 65) are legally valid and binding.
Historical Context / Application:
1969: After the death of President Dr. Zakir Husain, Vice-President V.V. Giri became acting President under Article 65(1).
2002: When President K.R. Narayanan’s term ended and the successor hadn’t taken office yet, Vice-President Krishan Kant acted as President for a short time.
Conclusion:
Article 65 ensures constitutional continuity by empowering the Vice-President to act as President during emergencies or temporary vacancies. It is essential for uninterrupted functioning of the Union Executive. Though rarely invoked, it has been crucial during transitional periods in Indian constitutional history.
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