Who can fill vacancy of President’s Office?

Q.  If the office of President, Vice-President, Chief Justice Of India is vacant, who acts as the President of India?
- Published on 28 Feb 17

a. Senior-most Judge of the Supreme Court
b. Speaker of Lok Sabha
c. Chairman of Rajya Sabha
d. Senior-most Chief Justice amongst the Chief justices of all High Courts in India

ANSWER: Senior-most Judge of the Supreme Court
    President’s office can be become vacant due to -

    (a) Expiry of his tenure of five years.

    (b) His resignation.

    (c) His removal by the process of impeachment.

    (d) His death.

    (e) Other reasons. E.g., when he becomes disqualified to hold office or when his election is declared void.

  • An election to fill the vacancy must be held before the expiration of the term i.e., 5 years, of the President.

  • In case of any delay in conducting the election for the new President by any reason, the outgoing President continues to hold office (beyond his term of five years) until his successor assumes charge.

  • This is provided in the Constitution to prevent an interregnum i.e., void or gap or break.

  • In this scenario, the Vice-President does not act as President.

  • If the office falls vacant due to resignation, removal, death or otherwise, then the election to fill the vacancy should be held within 6 months from the date of the occurrence of such vacancy.

  • The newly elected President will remain in office for a full term of 5 years from the date he assumes charge.

  • When a vacancy occurs in the office of the President due to his resignation, removal, death or other reasons, the Vice-President acts as the President until a new President is elected.

  • Also, if the sitting President is unable to discharge his functions due to absence, illness etc., the Vice-President discharges his functions until the President resumes his office.

  • case the office of Vice-President is vacant, the Chief Justice of India acts as President.

  • If his office too is vacant, the senior most judge of the Supreme Court (who is available) acts as the President or discharges the functions of the President.

  • When any other person like the VP, CJI, or the senior-most judge of the Supreme Court acts as the President, they enjoys all the powers and immunities of the President and are entitled to such emoluments, allowances and privileges as are determined by the Parliament.

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