President (Discharge of Functions) Act 1969

Polity & Governance glossary

Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT

Meaning

The President (Discharge of Functions) Act 1969 is a law made by Parliament for a rare situation: both the President's and the Vice-President's offices are vacant at the same time. The Act says the Chief Justice of India then does the President's work. If the Chief Justice is not available, the senior-most available Supreme Court judge does it. It makes sure the country always has someone acting as head of state.

Example

In 1969, President Zakir Husain died and Vice-President V.V. Giri became Acting President. Giri then resigned to contest the presidential election, which left both offices empty. Chief Justice M. Hidayatullah acted as President until the new President took office.

Don't confuse with

  • Art. 65: under this article, the Vice-President acts when only the President's office is vacant. The 1969 Act applies only when both offices are vacant.

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