In case of death of the President and the Vice President of India, the ________ will act as the President of India.
Chief Justice of India
Understanding Presidential Succession in India
The question asks about the constitutional or legal provision that determines who acts as the President of India if both the elected President and the Vice President die.
In India, the line of succession for the President is clearly defined by law to ensure continuity in governance.
Analyzing the Options for Presidential Succession
- Chief Justice of India: This option suggests the Chief Justice of India takes over. We need to see if this is legally supported.
- Prime Minister of India: The Prime Minister is the head of the government, but is typically not in the line of succession for the Head of State position.
- Attorney General of India: The Attorney General is the chief legal advisor to the government and is not part of the political executive's succession line for the presidency.
- Parliament chosen candidate: While Parliament has roles in impeachment or election of the President and Vice President, there isn't a provision for Parliament to choose an acting President in this specific scenario of simultaneous vacancies due to death.
The Presidential Succession Act, 1969
To address situations like the death or removal of both the President and the Vice President, the Indian Parliament enacted The Presidential and Vice-Presidential Elections Act, 1952, which was later amended, and specifically, the line of succession is detailed in laws derived from constitutional provisions.
According to the Presidential Succession Act, 1969, if the office of the President becomes vacant by reason of death, resignation, or removal, and the Vice-President is also not available to discharge the functions of the President, then the Chief Justice of India shall act as the President. If the office of the Chief Justice of India is also vacant, the senior-most Judge of the Supreme Court of India available shall discharge the functions of the President.
Why the Chief Justice of India Acts as President
The Presidential Succession Act, 1969 explicitly lays down the order:
- President
- Vice-President
- Chief Justice of India
- Senior-most Judge of the Supreme Court
Therefore, in the unfortunate event of the death of both the President and the Vice President, the Chief Justice of India is legally mandated to act as the President of India.
Based on this established legal framework, the Chief Justice of India is the correct person to assume the role of acting President in such a crisis.
| Scenario | Who Acts as President | Legal Basis |
|---|---|---|
| President's office vacant (death, resignation, removal) | Vice President | Article 65 of the Constitution of India |
| President's office vacant AND Vice President's office vacant/unavailable | Chief Justice of India | Presidential Succession Act, 1969 |
| President's, Vice President's & CJI's office vacant/unavailable | Senior-most Judge of the Supreme Court | Presidential Succession Act, 1969 |
Revision Table: Presidential Succession
Here's a quick summary of the order of succession:
| Rank | Office Holder |
|---|---|
| 1st | President of India |
| 2nd | Vice President of India |
| 3rd | Chief Justice of India |
| 4th | Senior-most Judge of the Supreme Court |
Additional Information on Indian Presidential Succession
The Presidential Succession Act, 1969 was passed after the death of President Dr. Zakir Husain in 1969, which led to the then Vice President V.V. Giri acting as President. When V.V. Giri resigned to contest the presidential election, a situation arose where both offices were vacant. At that time, the Chief Justice of India, Justice M. Hidayatullah, stepped in to act as the President, marking the first and only time this has happened in India's history. This event highlighted the need for a clear succession law, leading to the 1969 Act. The acting President enjoys all the powers and immunities of the President and is entitled to the emoluments, allowances, and privileges of the President.
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