Question

The executive power of President of India, in his/her absence, is discharged in accordance with

• A. Presidential Executive Act 1959
• B. Article 52
• C. Presidential Executive Act 1969
• D. None of them

Answer 1

Answer:

C. Presidential Executive Act 1969

• Constitutional Provision: According to Article 65 of the Indian Constitution, the Vice-President of India acts as the President or discharges the functions of the President in the event of any vacancy in the office of the President due to death, resignation, removal, or otherwise.
• Nature of Acting President: The Vice-President acts as President until a new President is elected. This election must take place within six months from the date of the occurrence of the vacancy.
• Absence or Incapacity: When the President is unable to discharge their functions due to absence, illness, or any other cause, the Vice-President discharges those functions until the date on which the President resumes their duties.
• Precedence in Succession: If the office of the Vice-President is also vacant, the Chief Justice of India (or, if their office is also vacant, the most senior judge of the Supreme Court available) discharges the functions of the President. This is governed by the President (Discharge of Functions) Act, 1969.
• M. Hidayatullah: Justice M. Hidayatullah holds the distinction of being the only Chief Justice of India to have served as the Acting President of India (from July 20, 1969, to August 24, 1969), following the death of President Zakir Hussain and the resignation of Vice-President V.V. Giri.
• Powers and Immunities: While acting as President, the Vice-President or the Chief Justice of India enjoys all the powers, immunities, privileges, and emoluments of the President of India.