Indian Constitution Act

Article 65 Of The Indian Constitution: Explanation And Definition

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By Prakash Israni

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Article 65 Of The Indian Constitution

As we have told you in our previous blogs, the Indian Constitution is divided into Articles and these Articles are divided into 22 parts. Out of these 22 parts, the fifth part talks about ‘The Union’, which includes all the Articles from 52 to 151. But today in this blog we will discuss only Article 65 of the Indian Constitution.

What Does Article 65 Say?

What Does Article 65 Say
What Does Article 65 Say

Article 65 talks about the different number of provisions when a Vice-President is acting as a President of India. What changes occur when the president discharges the functions and duties of the president of India are clearly stated in Article 65 of the Indian Constitution.

In the absence of the President or when he is unable to perform his duties properly for some reason, the Vice-President will act as President. Let us know under what circumstances the Vice-President can act like the President:

  • If the President dies due to any reason, dies untimely, resigns from his post, is removed from his post or the Supreme Court removes the President from his post, then at that time the Vice President will act as the President. The Vice President will have to perform this responsibility until a new President is elected.
  • If the President is unable to perform his duties due to illness, absence from the country, or any other reason, then the Vice-President will have to work in his place at that time. The Vice-President will have to act in place of the President until he/she resumes his responsibilities.
  • If the Vice-President is acting as President and assuming all the responsibilities, the Vice-President shall have all the power that the President has at that time. The vice president will have the power to cancel court orders and will receive the same salary as a President until a new President is elected or the old President returns.

Also read: Article 61 Of The Indian Constitution: Impeachment Of President Of India

Article 65 Of The Indian Constitution Definition

The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President

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.

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.

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.

Difference Between President And Vice-President?

Who Is President: Articles 52 to 61 of the Constitution of India deal with the laws related to the President. The Chief Justice of India administers the oath to the President. The term is 5 years. If you want to remain President for a longer period, you will have to win the election again. The minimum age to contest for president is 35 years. If for any reason the President wants to resign from his post then the President will have to submit his resignation to the Vice-President.

Who Is Vice-President: After the Vice-President is elected, the President administers the oath to the Vice-President. The minimum age to become Vice-President is 35 years. If someone wants to become president, he/she should be eligible to become a member of Rajya Sabha, it is not necessary to be a member but it is necessary to be eligible. If for any reason the Vice-President wants to resign from his post then he/she has to submit his resignation to the President. Hope you understand, Article 65 of the Indian Constitution.

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Prakash Israni

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