Article 65 of the Constitution of India deals with the Vice-President’s role when the office of President becomes vacant or when the President is unable to discharge the functions of the office. It ensures continuity in the functioning of the Union executive during temporary or permanent presidential vacancies.
- Meaning of Article 65
- When Does Article 65 Apply?
- Vice-President Acting as President
- Vice-President Does Not Become President Permanently
- Duration of Acting Presidency
- Temporary Inability of the President
- Difference Between “Acts as President” and “Discharges Functions”
- Oath of the Vice-President
- Entitlements During Acting Presidency
- Vice-President’s Salary and Allowances
- Article 65 and Rajya Sabha Chairmanship
- Article 65 and Article 62
- Article 65 and Article 64
- Article 65 and Article 60
- Article 65 and Article 70
- Article 65 and Article 68
- Article 65 at a Glance
- President’s Vacancy vs President’s Inability
- Causes of Presidential Vacancy
- Does Article 65 Make the Vice-President the President?
- Can the Vice-President Act as President Indefinitely?
- Can the Vice-President Continue as Rajya Sabha Chairman While Acting as President?
- Important Features of Article 65
- Article 65 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The Article distinguishes between two situations: when the office of President is vacant, and when the President is temporarily unable to perform the functions of the office.
Meaning of Article 65
Article 65 provides for two principal situations:
- Vacancy in the office of President – the Vice-President acts as President until a new President enters office.
- Temporary inability of the President – the Vice-President discharges the functions of the President until the President resumes those functions.
The provision is an important constitutional safeguard for continuity of presidential authority.
When Does Article 65 Apply?
Article 65 becomes relevant in circumstances such as:
- Death of the President
- Resignation of the President
- Removal of the President
- Any other situation resulting in a vacancy
- Temporary inability of the President to discharge presidential functions
The Vice-President does not automatically become the permanent President in these circumstances.
Vice-President Acting as President
Under Article 65(1), when a vacancy occurs in the office of President because of:
- Death
- Resignation
- Removal
- Otherwise
the Vice-President acts as President until the date on which a newly elected President enters upon office.
This is a temporary constitutional arrangement.
Example
If a President resigns before completing the five-year term:
President’s office becomes vacant → Vice-President acts as President → Presidential election is held → Newly elected President enters office → Vice-President ceases to act as President
The Vice-President therefore provides continuity while the constitutional process for electing a new President takes place.
Vice-President Does Not Become President Permanently
This is one of the most important points under Article 65.
When the President’s office becomes vacant, the Vice-President acts as President.
The Vice-President does not automatically acquire the permanent office of President.
A new President must be elected in accordance with the Constitution.
This distinction can be remembered as:
Vacancy → Vice-President acts as President
Election → New President assumes office
Duration of Acting Presidency
The Vice-President continues to act as President until the newly elected President enters upon office.
This ensures that there is no gap between the vacancy and assumption of office by the newly elected President.
Temporary Inability of the President
Article 65(2) deals with a different situation.
The office of President may remain occupied, but the President may be unable to discharge the functions of the office.
In such a situation, the Vice-President discharges the functions of the President until the President resumes those functions.
Thus, there is a distinction between:
Vacancy → Vice-President acts as President
Inability → Vice-President discharges presidential functions
Difference Between “Acts as President” and “Discharges Functions”
This distinction is important.
Acts as President
When the office itself is vacant, the Vice-President acts as President.
The vacancy continues until a newly elected President enters office.
Discharges Functions
When the President remains in office but is temporarily unable to perform presidential functions, the Vice-President discharges the functions of the President.
Once the President is able to resume those functions, the Vice-President’s temporary role ends.
Oath of the Vice-President
When the Vice-President acts as President or discharges the functions of the President under Article 65, the constitutional requirements relating to the presidential oath become relevant.
The Vice-President must make and subscribe to the relevant oath or affirmation before entering upon the presidential functions, as required by Article 60.
Entitlements During Acting Presidency
Article 65(3) provides that while acting as President or discharging the functions of President, the Vice-President shall not perform the duties of the office of Chairman of the Council of States.
This is an important consequence of Article 65.
The Vice-President cannot simultaneously:
- Act as President, and
- Perform the functions of Chairman of Rajya Sabha.
The Constitution therefore provides for the office of Deputy Chairman of Rajya Sabha to perform the Chairman’s duties when necessary.
Vice-President’s Salary and Allowances
During the period when the Vice-President acts as President or discharges the functions of President, the Vice-President is entitled to the emoluments, allowances and privileges of the President.
The Constitution therefore recognises the additional constitutional responsibilities being performed during this period.
Article 65 and Rajya Sabha Chairmanship
Normally, Article 64 makes the Vice-President the ex officio Chairman of Rajya Sabha.
However, when the Vice-President acts as President or discharges presidential functions under Article 65, the Vice-President cannot perform the duties of the Chairman of Rajya Sabha.
The Deputy Chairman performs the Chairman’s functions during that period.
This avoids a conflict between the two constitutional responsibilities.
Article 65 and Article 62
Article 62 provides for the timing of the election to fill a vacancy in the office of President.
Article 65 provides for the Vice-President’s temporary role during that vacancy.
Therefore:
Article 62 → Election to fill presidential vacancy
Article 65 → Vice-President acts as President until successor enters office
These provisions work together to ensure constitutional continuity.
Article 65 and Article 64
Article 64 makes the Vice-President the ex officio Chairman of Rajya Sabha.
Article 65 temporarily changes the Vice-President’s functions when acting as President or discharging presidential functions.
Thus:
Article 64 → Vice-President as Rajya Sabha Chairman
Article 65 → Vice-President acting as President
When Article 65 operates, the Vice-President does not perform the duties of Rajya Sabha Chairman.
Article 65 and Article 60
Article 60 provides the oath or affirmation for the President.
Article 65 specifically covers situations in which the Vice-President performs presidential functions.
The Vice-President is required to make and subscribe to the presidential oath or affirmation before acting as President or discharging presidential functions, as provided under Article 60.
Article 65 and Article 70
Article 70 deals with discharge of the President’s functions in other contingencies.
Article 65 specifically addresses the Vice-President acting as President or discharging presidential functions.
Therefore:
Article 65 → Vice-President’s role
Article 70 → Other contingencies not specifically provided for
Article 65 and Article 68
Article 68 deals with the timing of election to fill a vacancy in the office of Vice-President.
Article 65, by contrast, concerns the Vice-President’s role in relation to the President.
The two Articles concern different constitutional vacancies.
Article 65 at a Glance
| Situation | Constitutional Position |
|---|---|
| President’s office vacant | Vice-President acts as President |
| President temporarily unable | Vice-President discharges presidential functions |
| How long during vacancy? | Until newly elected President enters office |
| How long during inability? | Until President resumes functions |
| Rajya Sabha Chairmanship | Vice-President does not perform its duties during this period |
| Who performs Chairman’s duties? | Deputy Chairman |
| Entitlements | Presidential emoluments, allowances and privileges |
| Related Articles | Articles 60, 62, 64, 65, 70 |
President’s Vacancy vs President’s Inability
| Basis | Vacancy | Temporary Inability |
|---|---|---|
| Office of President | Vacant | President continues in office |
| Vice-President’s Role | Acts as President | Discharges presidential functions |
| Duration | Until new President enters office | Until President resumes functions |
| New Presidential Election | Required | Not necessarily required |
| Rajya Sabha Chairman duties | Not performed by Vice-President | Not performed by Vice-President |
Causes of Presidential Vacancy
A vacancy may arise due to:
Death
If the President dies while in office, the office becomes vacant.
Resignation
The President may resign under Article 56 by writing addressed to the Vice-President.
Removal
The President may be removed through impeachment under Article 61.
Otherwise
Article 65 also covers other circumstances resulting in a vacancy.
Does Article 65 Make the Vice-President the President?
No.
The constitutional language is significant.
In the event of a vacancy, the Vice-President acts as President.
The Vice-President does not automatically become the elected President.
A fresh presidential election is required under Article 62.
Can the Vice-President Act as President Indefinitely?
No.
The Vice-President acts as President only until the newly elected President enters office.
Article 62 requires the election to fill a casual vacancy to be held as soon as possible and within six months.
Can the Vice-President Continue as Rajya Sabha Chairman While Acting as President?
No.
Article 65 expressly prevents the Vice-President from performing the duties of Chairman of Rajya Sabha during the period in which the Vice-President acts as President or discharges presidential functions.
The Deputy Chairman performs the Chairman’s duties during that period.
Important Features of Article 65
1. Presidential Vacancy
The Vice-President acts as President when the office becomes vacant.
2. Temporary Inability
The Vice-President discharges presidential functions when the President is temporarily unable to perform them.
3. No Automatic Succession
The Vice-President does not become the permanent President.
4. Continuity of Government
The provision prevents a constitutional vacuum in the Union executive.
5. Temporary Suspension of Chairmanship Duties
The Vice-President does not perform the duties of Rajya Sabha Chairman while acting as President.
6. Presidential Entitlements
The Vice-President receives the emoluments, allowances and privileges of the President during this period.
Article 65 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 56 | Term and resignation of President |
| Article 60 | Oath or affirmation of President |
| Article 61 | Impeachment |
| Article 62 | Election to fill presidential vacancy |
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term, resignation and removal of Vice-President |
| Article 68 | Election to fill Vice-Presidential vacancy |
| Article 70 | Other contingencies relating to presidential functions |
Common Confusions
Does the Vice-President Automatically Become President When the President Dies?
No.
The Vice-President acts as President until the newly elected President enters office.
Does the Vice-President Serve the Remaining Term?
No.
A new President elected to fill the vacancy receives a full five-year term under Article 62.
Can the Vice-President Continue as Rajya Sabha Chairman While Acting as President?
No.
The Vice-President cannot perform the duties of Chairman during this period.
What Happens When the President Is Temporarily Unable to Work?
The Vice-President discharges the functions of the President until the President resumes those functions.
Is a New Presidential Election Required When the President Is Temporarily Unable?
Not merely because of temporary inability.
The President remains in office, and the Vice-President temporarily discharges the presidential functions.
Who Performs the Chairman’s Duties in Rajya Sabha?
The Deputy Chairman performs the Chairman’s duties while the Vice-President is acting as President or discharging presidential functions.
Quick Revision
- Article 65 → Vice-President acts as President or discharges presidential functions.
- If the office of President is vacant, the Vice-President acts as President.
- If the President is temporarily unable to perform functions, the Vice-President discharges those functions.
- During a vacancy, the Vice-President continues until the newly elected President enters office.
- The Vice-President does not automatically become the permanent President.
- Article 62 requires a presidential election to fill a casual vacancy within six months.
- While acting as President, the Vice-President does not perform the duties of Rajya Sabha Chairman.
- The Deputy Chairman performs those duties.
- The Vice-President receives the emoluments, allowances and privileges of the President during this period.
- Article 64 → Vice-President as Rajya Sabha Chairman.
- Article 65 → Vice-President’s temporary presidential role.
- Article 70 → Other contingencies relating to presidential functions.
Conclusion
Article 65 ensures continuity in the office and functions of the President when the President’s office becomes vacant or when the President is temporarily unable to discharge presidential functions. It gives the Vice-President a temporary constitutional role while maintaining the distinction between acting as President and permanently holding the elected office.
The provision also prevents the Vice-President from performing the duties of Rajya Sabha Chairman during this period and provides for the Deputy Chairman to perform those duties.
The key point to remember is:
Article 65 → When the President’s office is vacant, the Vice-President acts as President until a newly elected President enters office; when the President is temporarily unable to function, the Vice-President discharges the President’s functions until the President resumes them.
