Article 70 of the Constitution of India deals with the discharge of the functions of the President in contingencies that are not specifically provided for in the Constitution. It gives Parliament the power to make provisions for such situations.
- Meaning of Article 70
- Purpose of Article 70
- Power Given to Parliament
- Article 70 as a Constitutional Safety Provision
- Article 70 and Article 65
- Article 70 and Article 62
- Article 70 and Article 63
- Does Article 70 Automatically Make the Vice-President President?
- Does Article 70 Give Direct Power to the President?
- Scope of Article 70
- Why Is Article 70 Important?
- Article 70 at a Glance
- Article 70 and Article 65: Difference
- Article 70 and Article 71
- Article 70 and the Union Executive
- Common Confusions
- Quick Revision
- Conclusion
The Article acts as a constitutional safety mechanism to ensure that the functions of the President can continue to be performed even when an unusual situation arises that is not expressly covered by the existing provisions.
Meaning of Article 70
Article 70 provides that:
Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in the Constitution.
The provision is therefore concerned with unforeseen or exceptional circumstances relating to the discharge of presidential functions.
It does not itself prescribe a particular person who will act as President in every possible contingency. Instead, it gives Parliament the authority to make the necessary arrangements.
Purpose of Article 70
The Constitution contains specific provisions for several situations involving the President.
For example:
- Article 65 deals with the Vice-President acting as President or discharging presidential functions.
- Article 62 deals with election to fill a vacancy in the office of President.
- Article 60 deals with the President’s oath or affirmation.
However, an unusual situation may arise that does not fall within these specific provisions.
Article 70 ensures that such a situation does not result in a constitutional vacuum.
Power Given to Parliament
The key feature of Article 70 is that it gives Parliament the power to make provisions for dealing with contingencies not otherwise provided for by the Constitution.
Parliament may therefore establish an appropriate legal mechanism for the discharge of presidential functions in such circumstances.
The provision uses the expression “any contingency not provided for in this Chapter”, referring to the constitutional provisions concerning the Union executive.
Article 70 as a Constitutional Safety Provision
Article 70 can be understood as a residuary provision concerning presidential functions.
It operates where:
- A contingency arises concerning the discharge of presidential functions;
- The Constitution does not already provide an applicable mechanism; and
- Parliament needs to establish an arrangement for dealing with the situation.
This prevents the constitutional framework from becoming ineffective merely because an extraordinary circumstance was not specifically anticipated.
Article 70 and Article 65
Article 65 is particularly important when understanding Article 70.
Article 65
Article 65 specifically provides for the Vice-President to:
- Act as President when the office of President becomes vacant; or
- Discharge the functions of President when the President is temporarily unable to perform them.
Article 70
Article 70 deals with other contingencies not provided for by the Constitution.
Therefore:
Article 65 → Specific constitutional arrangement
Article 70 → Other contingencies not specifically provided for
Article 70 and Article 62
Article 62 deals with the election to fill a vacancy in the office of President.
Where the President’s office becomes vacant, Article 62 provides the framework for electing a new President, while Article 65 provides for the Vice-President to act as President in the interim.
Article 70 is different because it deals with situations that are not otherwise provided for.
Article 70 and Article 63
Article 63 establishes the office of the Vice-President.
Article 65 gives the Vice-President a temporary presidential role in specified circumstances.
Article 70 provides Parliament with the authority to deal with other contingencies where the Constitution has not already provided an arrangement.
Does Article 70 Automatically Make the Vice-President President?
No.
Article 70 does not itself state that the Vice-President will act as President in every contingency.
Where the Constitution specifically provides for the Vice-President to act as President or discharge presidential functions, Article 65 applies.
Article 70 instead gives Parliament the power to make provisions for contingencies that are not otherwise addressed.
Does Article 70 Give Direct Power to the President?
No.
The power under Article 70 is given to Parliament, not to the President.
Parliament may determine an appropriate mechanism for dealing with an uncovered contingency involving presidential functions.
Scope of Article 70
Article 70 is deliberately broad.
It does not provide an exhaustive list of circumstances in which it may be used.
Its purpose is to address situations that may arise in the functioning of the constitutional office of President but are not specifically dealt with elsewhere in the Constitution.
Why Is Article 70 Important?
1. Prevents Constitutional Vacuum
It provides a mechanism for ensuring that presidential functions can continue even in unforeseen circumstances.
2. Gives Parliament Flexibility
Parliament can establish an appropriate arrangement instead of requiring a constitutional amendment every time an unusual contingency arises.
3. Complements Article 65
It works alongside the specific arrangements already made for the Vice-President.
4. Maintains Continuity of the Union Executive
The President performs important constitutional functions. Article 70 helps ensure that those functions do not become impossible to discharge merely because an unusual situation occurs.
Article 70 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 70 |
| Subject | Discharge of President’s functions in other contingencies |
| Power given to | Parliament |
| Purpose | Deal with contingencies not provided for in the Constitution |
| Nature | Residuary/safety provision |
| Specific Vice-President arrangement | Article 65 |
| Presidential vacancy | Article 62 read with Article 65 |
| Related provision | Article 71 |
Article 70 and Article 65: Difference
| Article 65 | Article 70 |
|---|---|
| Specifically deals with Vice-President | Deals with other contingencies |
| Vice-President acts as President or discharges functions | Parliament makes provisions |
| Applies to specified presidential vacancy/inability situations | Applies where the Constitution has not provided for the contingency |
| Constitutional mechanism directly provided | Mechanism may be created by Parliament |
Article 70 and Article 71
Article 71 deals with matters relating to the election of President and Vice-President.
Article 70 is concerned with the discharge of presidential functions in other contingencies.
Thus:
Article 70 → Continuity of presidential functions
Article 71 → Election-related disputes and matters
Article 70 and the Union Executive
Article 70 forms part of the constitutional framework concerning the Union executive.
The Constitution anticipates that extraordinary situations may arise and therefore provides Parliament with a mechanism to ensure that presidential functions continue to be discharged.
It reflects the broader constitutional principle that the functioning of the State should not come to a standstill because of an unforeseen procedural situation.
Common Confusions
Does Article 70 Deal With Presidential Vacancies?
Not primarily.
A vacancy in the office of President is specifically dealt with by Articles 62 and 65.
Article 70 concerns contingencies not otherwise provided for.
Does Article 70 Automatically Appoint the Vice-President?
No.
The Vice-President’s role in acting as President or discharging presidential functions is specifically provided under Article 65.
Who Has the Power Under Article 70?
Parliament.
Does Article 70 List Specific Contingencies?
No.
It provides a general constitutional power for Parliament to deal with contingencies not provided for in the relevant constitutional provisions.
Is Article 70 an Independent Presidential Power?
No.
The power is vested in Parliament, which may make appropriate provisions for the discharge of presidential functions.
Quick Revision
- Article 70 → Discharge of President’s functions in other contingencies.
- Parliament may make provisions for a contingency not provided for in the Constitution.
- It acts as a constitutional safety mechanism.
- It helps prevent a vacuum in the discharge of presidential functions.
- Article 65 → Vice-President acts as President or discharges presidential functions in specified situations.
- Article 62 → Election to fill a vacancy in the office of President.
- Article 70 does not automatically make the Vice-President President.
- The power under Article 70 belongs to Parliament.
- It is a broad, flexible provision for dealing with unforeseen constitutional contingencies.
Conclusion
Article 70 provides Parliament with the power to make arrangements for the discharge of the President’s functions in contingencies not specifically provided for by the Constitution. It supplements the specific constitutional mechanisms dealing with presidential vacancies and temporary inability and ensures that an unforeseen situation does not create a breakdown in the functioning of the Union executive.
The key point to remember is:
Article 70 → Parliament may make provisions for the discharge of the President’s functions in any contingency not provided for by the Constitution.
