📚 Part of: Astronomy And Indian History Mcqs: Solar System, Colonial India, And More

If President and Vice President, both are unavailable, who among the following would discharge the functions?

Category: Miscellaneous Indian Gk

Correct Answer: C) [C] Chief Justice of India.

Exam Relevance: UPSC Civil Services, IAS Prelims, IAS Mains, State PSC Exams

Difficulty: Moderate

Concept notes:

In the event of the unavailability of both the President and Vice President, the Chief Justice of India (CJI) assumes the role of discharging the functions of the President. This is a constitutional provision designed to ensure continuity in governance. The CJI acts as the President until a new President is elected.

Common Mistakes:
  • Students often confuse the order of succession, believing the Prime Minister or the Speaker of the Lok Sabha would take over.
  • Some may think the President can nominate a successor, which is incorrect.
Explanation:

In the Indian political system, the President is the head of state, and the Vice President is the second-highest constitutional position. The President's role is primarily ceremonial, but it is crucial for the functioning of the government. The Constitution of India provides for a clear order of succession in case of the unavailability of the President and Vice President.

According to Article 63 of the Constitution, there shall be a President of India. Article 75(3) states that the Vice President shall act as the President in the absence of the President. However, if both the President and Vice President are unavailable, the Constitution does not explicitly state the next person in line. Instead, it is understood through constitutional convention and interpretation that the Chief Justice of India (CJI) would assume the role of discharging the functions of the President.

The CJI is the highest judicial authority in the country and is considered a neutral and impartial figure. This makes the CJI a suitable choice to act as the President in the absence of both the President and Vice President. The CJI would continue to perform the duties of the President until a new President is elected and sworn in.

It is important to note that the CJI's role in this scenario is temporary and limited to discharging the functions of the President. The CJI does not become the President in the constitutional sense but merely acts as the President until a new President is elected. This ensures that the constitutional framework of the country remains intact and that there is no disruption in governance.

Understanding the order of succession is crucial for comprehending the constitutional framework of India and the roles of various constitutional authorities. It is a key aspect of Indian General Knowledge (GK) and is often tested in competitive examinations such as the UPSC Civil Services, IAS Prelims, IAS Mains, and State PSC Exams.

Option Analysis:
  • Option A: Incorrect. The Prime Minister does not assume the role of the President in the event of the unavailability of both the President and Vice President. The Prime Minister is the head of the government, not the state, and the role of the President is primarily ceremonial and constitutional.
  • Option B: Incorrect. The Speaker of the Lok Sabha does not assume the role of the President in the event of the unavailability of both the President and Vice President. The Speaker's role is to preside over the Lok Sabha and maintain order during parliamentary proceedings.
  • Option C: Correct. The Chief Justice of India (CJI) assumes the role of discharging the functions of the President when both the President and Vice President are unavailable. This is a constitutional provision to ensure the continuity of governance. The CJI acts as the President until a new President is elected.
  • Option D: Incorrect. The President or Vice President cannot nominate a person to discharge the functions of the President. The Constitution specifies the order of succession, and the CJI is the next in line after the President and Vice President.

Mnemonic: CJI takes charge when both top roles are vacant.

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