Under the Constitution of India, when the Vice-President acts as President or discharges the functions of the President during a casual vacancy in the office of the President, which of the following constitutional provisions correctly applies to the Vice-President during this period?
- AThe Vice-President continues to perform the duties of the Chairman of the Council of States (Rajya Sabha) and draws the salary attached to the office of the Chairman.
- The Vice-President ceases to perform the duties of the Chairman of the Council of States and is entitled to the emoluments, privileges, and powers of the President of India.Answer
- CThe Vice-President can hold office and act as President for a maximum period of one year before an election to fill the casual vacancy must be conducted.
- DThe Vice-President exercises executive authority of the President but cannot exercise judicial powers such as granting pardons under Article 72, which remain suspended.
Answer
The Vice-President ceases to perform the duties of the Chairman of the Council of States and is entitled to the emoluments, privileges, and powers of the President of India.
Under Article 64 and Article 65(3) of the Constitution of India, whenever the Vice-President acts as President or discharges the functions of the President, they cease to perform the duties of the ex-officio Chairman of the Council of States (Rajya Sabha). During this period, the Vice-President is entitled to all powers, immunities, privileges, and emoluments associated with the office of the President of India.
Step-by-Step Solution
Key Concept
Constitutional provisions governing the Vice-President acting as President under Articles 64 and 65