REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 27 ] NEW DELHI, WEDNESDAY, MAY 14, 1969/VAISAKHA 24, 1891
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
The following Bill was introduced in Lok Sabha on the 14th May, 1969:-
Bill No. 44 of 1969
A Bill to provide for the discharge of the functions of the President in
certain contingencies.
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows: —
1. This Act may be called the President (Discharge of Functions) Short title.
Act, 1969.
Defini-
tions.
2. In this Act, "President", "Vice-President" and "Second Schedule" shall mean the President of India, the Vice-President of India and the Second Schedule to the Constitution respectively.
Discharge of Presi- dent's functions in certain contin- gencies.
3. (1) In the event of the occurrence of vacancies in the offices of both the President and the Vice-President, by reason in each case of death, resignation or removal, or otherwise, the Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court of India available shall discharge the functions of the President until a new President elected in accordance with the provisions of the Constitution to fill the vacancy in the office of the President enters upon his office or a new Vice-President so elected begins to act as President under article 65 of the Constitution, whichever is earlier.
(2) When the Vice-President, while discharging the functions of the President, dies, resigns or is removed or otherwise ceases to hold office,
457
458 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIthe Chief Justice of India or, in his absence, the seniormost Judge re- ferred to in sub-section (1) shall discharge the said functions until the President resumes his duties or a new Vice-President is elected as aforesaid, whichever is earlier.
(5) When the Vice-President,—
(a) while acting as President, or
(b) while discharging the functions of the President,
is unable to discharge the functions of the President owing to absence, illness or any other cause, the Chief Justice of India or, In his absence, the seniormost Judge referred to in sub-section (1) shall discharge the said functions—
(i) in the case referred to in clause (a), until a new Presi- dent elected as aforesaid enters upon his office or until the Vice- President acting as President resumes his duties, whichever is earlier;
(ii) in the case referred to in clause (b), until the President resumes his duties, or the Vice-President resumes his duties, which- ever is earlier.
(4) The person discharging the functions of the President under this section shall, during, and in respect of, the period while he is so discharg- ing the said functions, have all the powers and immunities of. the Presi- dent and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 459STATEMENT OF OBJECTS AND REASONS
Under article 70 of the Constitution, Parliament may make such pro- vision as it thinks fit for the discharge of the functions of the President in any contingency not provided, for in Chapter T of Part V of the Consti- tution. Article 65 provides for the Vice-President acting as President or discharging his functions during casual vacancies in the office, or during the absence, of the President. The Constitution does not provide for cases where a vacancy occurs in the office of the Vice-President or where the Vice-President is unabl to discharge his functions while acting as Presi- dent or discharging the functions of the President. Government, there- fore, consider it necessary to make provision to cover such cases. The Bill accordingly seeks to provide that in such cases, the Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court avail- able shall discharge the functions of the President.
NEW DELHI;
Y. B. CHAVAN.
The 10th May, 1969.
RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. 22jlO|69.POL.I(A) dated the 14th May, 1969, from Shri Y. B. Chavan, Minister for Home Affairs to the Secretary,, Lok Sabha].
The Vice-President acting as President having been informed of the subject matter of the proposed Bill recommends under Article 117(1) and (3) of the Constitution of India the introduction of the President (Discharge of Functions) Bill 1969 to the Lok Sabha and also recommends to the Lok Sabha the consideration of the Bill.
46o THE GAZETTE OF INDIA EXTRAORDINARY [PART 11FINANCIAL MEMORANDUM
Under sub-clause (4) of clause 3 of the Bill, the person discharging the functions of the President under that clause shall, during the period while he is so discharging the said functions, be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allow- ances and privileges as are specified in the Second Schedule to the Con- stitution. In situations contemplated in sub-clauses (1) and (2) of clause 3, since both the offices of the President and the Vice-President will be vacant, no additional expenditure will be involved by reason of the Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court available discharging the functions of the President. Under sub- clause (3) of clause 3, however, there will be additional expenditure on account of the Chief Justice or the seniormost Judge of the Supreme Court discharging the functions of the President when the Vice-President is unable to discharge those functions. It is not possible to give a precise estimate of the additional expenditure involved but the expenditure on this account is not likely to exceed Rs. 30,000 in any year in which such contingency arises. There will be no non-recurring expenditure.
S. L. SHAKDHER,
Secretary.