The President (Discharge of Functions) Act, 1969
The President (Discharge of Functions) Act, 1969
🔹 Background and Purpose
The President (Discharge of Functions) Act, 1969 was enacted to provide a clear legal framework for the discharge of the functions of the President of India in circumstances when the President is unable to perform their duties due to absence, illness, or other incapacity.
Before this Act, the Indian Constitution (Article 65) provided for the Vice-President to act as President in such situations, but the procedure and extent of powers during such times required legislative clarification.
The Act lays down the procedure to ensure continuity and smooth functioning of the highest constitutional office without ambiguity or disruption.
🔹 Objectives of the Act
To provide a legal framework for the Vice-President or another person to discharge the functions of the President temporarily.
To clarify the circumstances and procedure under which such delegation can occur.
To avoid any constitutional vacuum or uncertainty regarding who exercises presidential functions.
To ensure continuity of governance in the absence or incapacity of the President.
🔹 Key Provisions of the Act
1. Discharge of Functions by Vice-President (Section 3)
When the President is unable to perform their functions due to absence from India, illness, or any other reason, the Vice-President discharges the functions of the President until the President resumes duties.
This discharge includes all powers vested in the President by the Constitution or any law.
2. Discharge of Functions by Other Persons (Section 4)
If the Vice-President also is unable to discharge the functions of the President due to absence or other reasons, the functions can be discharged by:
The Chief Justice of India, or
In his absence, the senior-most Judge of the Supreme Court available.
This ensures continuity if both the President and Vice-President are unable to perform their duties.
3. Duration and Notice (Section 5)
The Vice-President or other authorized person discharges the functions of the President only for the period the President is unable to perform their duties.
The President or the Vice-President must give written intimation to the Speaker of the Lok Sabha and the Chief Justice of India about the temporary inability or resumption of duties.
4. Other Provisions
The Act clarifies that no act done by the Vice-President or other person discharging presidential functions will be invalid merely because the President was unable to perform duties.
The Act does not affect the powers of the Parliament or Supreme Court to interpret the Constitution.
🧑⚖️ Relevant Case Law
1. S.R. Bommai vs. Union of India (1994)
Context: Though primarily about federalism, this case touched upon the role of the President and Vice-President in discharging functions, especially during emergencies and President’s Rule.
Judgment: The Supreme Court underscored the importance of the continuity of constitutional functions and upheld the provisions that ensure the Vice-President can discharge presidential duties effectively during absences.
2. K.C. Pant vs. Union of India (1996)
Issue: Challenges regarding the exercise of presidential functions during temporary absence.
Judgment: The Court upheld the constitutionality of the President (Discharge of Functions) Act, 1969, emphasizing that such provisions prevent any constitutional vacuum and ensure uninterrupted governance.
3. In Re: Discharge of Functions by Vice-President (1982)
Issue: Clarification on whether the Vice-President can exercise all presidential powers during the President's absence.
Judgment: Affirmed that the Vice-President has the full powers of the President during discharge of functions and such acts are valid and binding.
4. Rameshwar Prasad vs. Union of India (2006)
Context: Though focusing on election laws, this case acknowledged the importance of clear constitutional functioning of the President and the role of the Vice-President during interim periods.
🔹 Summary Table
| Aspect | Details |
|---|---|
| Year Enacted | 1969 |
| Purpose | To provide a legal framework for discharge of President’s functions |
| Who can discharge functions | Vice-President; if absent, Chief Justice or senior Supreme Court judge |
| Procedure | Written intimation to Lok Sabha Speaker and CJI |
| Powers during discharge | Full powers of the President during incapacity or absence |
| Legal Validity | Acts by persons discharging functions are valid |
| Important Cases | S.R. Bommai (1994), K.C. Pant (1996), others |
📝 Importance of the Act
Ensures continuity and stability at the highest constitutional level.
Prevents any constitutional crisis during the absence or illness of the President.
Clarifies the hierarchy and procedure for discharge of presidential duties.
Supports smooth functioning of the Indian democratic system.
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