Consider the following statements about vacancy in office of President:

1. The Vice President becomes President for the remainder term when the office of President falls vacant.

2. In case the office of vice President is also vacant, the Chief Justice of India takes charge as President of India.

3. The Chief Justice has certain limited powers when he acts as President of India.

Which of the statement/s given above is /are correct?

Solution

Statement 1 is incorrect: When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise, the Vice-President acts as the President until a new President is elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice- President discharges his functions until the President resumes his office. ● Statement 2 is correct: In case the office of Vice-President is vacant, the Chief Justice of India (or if his office is also vacant, the senior most judge of the Supreme Court available) acts as the President or discharges the functions of the President. ● Statement 3 is incorrect: When any person, ie, Vice-President, chief justice of India, or the senior most judge of the Supreme Court is acting as the President or discharging the functions of the President, he enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances and privileges as are determined by the Parliament.