For the first time
during the 15-days visit of Dr.Rajendra Prasad to the Soviet Union in June
1960, the then Vice- President, Dr. S.
Radhakrishnan acted as the President
owing to the ‘inability’ of the President to discharge his duties.
The power to determine when the President is unable to
discharge his duties or when he should resume his duties is understood to
belong to the President himself.
If the offices of both the President and the Vice-President
fall vacant by reason of death, resignation, and removal etc. the chief Justice
of India or in his absence the senior most Judge of the Supreme Court acts as
President.
For the first time in
1969 when the President Dr. Zakir Hussian died and the Vice-President Shri V.V.
Giri resigned, the Chief Justice Md.Hhidayatullah
acted as President.
When the Vice-President acts as President, he gets the
emoluments of the president; otherwise, he gets the salary of the Chairman of
the Rajya Sabha. When the Vice-President acts as President, the deputy Chairman
of the Rajya Sabha acts as its Chairman [Art.91].
Determination of
doubts and disputes relating to the election of a president of Vice –President
is described in Art.71 Main provisions are as follows:
·
Such disputes are decided by the Supreme Court
whose jurisdiction is exclusive and final.
·
No such dispute can be raised on the ground of
any vacancy in the elected college.
·
If the election of the President or the
vice-president is declared void by the Supreme Court. Acts done by him prior to
the date of such decision of the Supreme Court is not invalidated.
·
Matters other than the decision of such disputes
are regulated by law made by Parliament.
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