Difficulty: Medium
Correct Answer: Chief Justice of India
Explanation:
Introduction / Context:
The Constitution of India provides for a clear line of succession and arrangements to ensure that the office of the President is never left without someone to discharge its functions. Normally, the Vice President acts as President when a vacancy arises. However, a special situation arises if both the President and the Vice President offices are vacant at the same time. This question asks who then discharges the functions of the President.
Given Data / Assumptions:
Concept / Approach:
Under Article 65 and related provisions, when the office of President becomes vacant, the Vice President acts as President. If the office of Vice President is also vacant, Parliament has empowered the Chief Justice of India, or in his absence the senior most judge of the Supreme Court, to discharge the functions of the President until a new President is elected. This arrangement is codified in the Presidential and Vice Presidential Elections Act and related legal instruments, and was seen in practice, for example, when Justice M Hidayatullah served as Acting President.
Step-by-Step Solution:
Step 1: Remember that the Vice President is the first choice to act as President when there is a vacancy in the office of President.
Step 2: Consider the special case where both offices are vacant simultaneously, so the Vice President cannot act.
Step 3: Recall that in such a situation, the Chief Justice of India is called upon to discharge the functions of the President until a new President is elected and enters office.
Step 4: Select Chief Justice of India from the options as the correct answer.
Verification / Alternative check:
Historical instances confirm this arrangement. Justice M Hidayatullah, then Chief Justice of India, acted as President when there was a vacancy and the Vice President was not available. Constitutional commentaries explain that Parliament has provided by law for this contingency under Article 70 and that this law designates the Chief Justice. The role is temporary and limited to discharging functions, not becoming President in the full sense.
Why Other Options Are Wrong:
Prime Minister of India: While the Prime Minister heads the government and advises the President, the office does not automatically convert into an acting presidency. Speaker of the Lok Sabha: The Speaker presides over the Lok Sabha but has no constitutional role in discharging presidential functions in such a vacancy. Chief of Army Staff: This is a military office and does not enter the constitutional line for presidential succession. Deputy Chairman of the Rajya Sabha: This officer presides in the absence of the Chairman in the Rajya Sabha and has no role in acting as President.
Common Pitfalls:
Many learners instinctively choose the Prime Minister or Speaker because they are politically powerful offices, but the Constitution and the relevant Acts follow a different arrangement that stresses judicial neutrality in this emergency role. Another pitfall is not distinguishing between acting as President and being elected President. The acting arrangements are temporary and procedural and do not give the acting office holder a popular or parliamentary mandate.
Final Answer:
Chief Justice of India
Discussion & Comments