Article 70 of the Costitution of India with Case law
Article 70 of the Constitution of India – Discharge of President’s Functions in Other Contingencies
Text of Article 70:
Article 70. Discharge of President’s functions in other contingencies
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 this Chapter.
Explanation:
Purpose:
Article 70 is an enabling provision that empowers Parliament to legislate for unforeseen contingencies regarding the discharge of the functions of the President.
It covers situations not already addressed under:
Article 65: Vice-President discharging duties in absence/death of President.
Article 62: Election of new President on expiry of term or vacancy.
Contingencies may include:
If both the President and Vice-President are unable to discharge their functions (e.g., due to simultaneous illness or vacancy).
If the President is incapacitated but the Vice-President's post is also vacant.
Legislative Action:
Parliament used its power under Article 70 while enacting:
The President (Discharge of Functions) Act, 1969, which outlines who shall discharge the President’s functions under rare contingencies.
Case Law Related to Article 70:
While no landmark judgment directly interprets Article 70 alone, it has been referred to in broader constitutional contexts involving presidential powers, emergency provisions, and constitutional machinery.
However, related cases that highlight the importance of maintaining continuity in the highest constitutional office include:
**1. Shamsher Singh v. State of Punjab (1974) 2 SCC 831
Though this case primarily dealt with President’s role in a parliamentary democracy, the importance of the office and the continuity of governance was underlined.
By implication, Article 70 ensures that vacuum in the top executive office does not paralyze the government.
2. U.N. Rao v. Indira Gandhi (1971 AIR 1002)
This case discussed the validity of actions during a temporary vacancy in the office of the Prime Minister and extended principles regarding interim authority and constitutional functionality.
While not directly under Article 70, the reasoning supports the need for constitutional mechanisms (like Article 70) for uninterrupted governance.
Conclusion:
Article 70 serves as a safety valve for unforeseen constitutional crises concerning the office of the President. It empowers Parliament to legislate for continuity of executive authority and prevent any governance paralysis due to gaps in constitutional provisions.
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