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Question

Difficulty: MediumUnion Executive: President, Vice-President, PM, and Council of Ministers

When the Vice-President of India acts as President or discharges the functions of the President during a vacancy, which of the following statements correctly describes their constitutional status and entitlement to salary?

  1. They cease to perform the duties of the Chairman of the Council of States and are entitled to the salary and allowances of the President.Answer
  2. B
    They continue to perform the duties of the Chairman of the Council of States while drawing the salary of the President.
  3. C
    They draw the salary of the Governor of a State while exercising the executive powers of the Union.
  4. D
    They are appointed directly by the Chief Justice of India and receive a salary fixed by the Union Public Service Commission.

Answer

They cease to perform the duties of the Chairman of the Council of States and are entitled to the salary and allowances of the President.
According to Article 65(3) read with Article 97 of the Constitution of India, when the Vice-President acts as President or discharges the functions of the President, they enjoy all the powers, privileges, and emoluments of the President. Concurrently, they cease to perform the duties of the Ex-officio Chairman of the Council of States (Rajya Sabha) and are not entitled to the salary payable to the Chairman under Article 97.

Step-by-Step Solution

1
Analyze the constitutional provisions governing the Vice-President when acting as President.
Article 65(1) states that during a casual vacancy in the office of the President, the Vice-President acts as President until a new President assumes office.
To establish the legal framework under Part V of the Constitution.
2
Evaluate the duties and salary restrictions under Article 65(3) and Article 97.
During this period, the Vice-President is entitled to all powers, immunities, and emoluments of the President and is barred from performing the duties of the Chairman of the Council of States or drawing the Chairman's salary.
To determine the exact functional and financial adjustments required by the Constitution.

Key Concept

Constitutional provisions regarding the Vice-President acting as President (Article 65 and Article 97)
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Topics

Union Executive: President, Vice-President, PM, and Council of Ministers

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