Part V - The Union • Article

Article 70 Simplified: Discharge of President's functions in other contingencies

Article 70 is a 'Just in Case' rule. If something very strange happens that isn't written in the Constitution (like both the President AND Vice-President being unable to work at the same time), Parliament has the power to decide who will take over. This led to the law where the Chief Justice of India acts as President if both top posts are vacant.

Official Text

Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.

Simple Meaning

Explain Like Ten

Imagine a school's rule book covers what happens if the principal is absent for a day or leaves permanently — but what if both the principal AND the vice-principal are gone at the same time? Article 70 is like a blank page where Parliament can write that rule. It gives Parliament the power to deal with any unexpected situation the Constitution didn't specifically plan for.

Student Mode

Article 70 is a residuary provision empowering Parliament to legislate for any contingency related to the discharge of Presidential functions not already addressed in Chapter I (Articles 52-69). It was used to enact the Presidential and Vice-Presidential Acts which specify that the Chief Justice of India (or senior-most SC judge) acts as President if both posts fall vacant simultaneously.

Example

In 1969, when President Zakir Husain died and VP V.V. Giri resigned to run for election, Chief Justice M. Hidayatullah became the Acting President because of the power given to Parliament by Article 70.

Key Takeaway

Parliament can handle any unexpected leadership crisis using this article.

FAQs

When was Article 70 actually used?

In 1969, when President Zakir Husain died in office and VP V.V. Giri resigned to contest the Presidential election, creating a dual vacancy. Chief Justice M. Hidayatullah acted as President for 35 days under this provision.

What law did Parliament pass under Article 70?

Parliament passed the President (Discharge of Functions) Act, 1969, which designates the Chief Justice of India to discharge Presidential functions in contingencies not covered elsewhere in the Constitution.

Can Parliament use Article 70 to change the rules for normal Presidential succession?

No. Article 70 only applies to contingencies NOT already provided for in Chapter I. It cannot override or modify Articles 65 or 66.

Quiz

Under Article 70, who can make provisions for discharging Presidential functions in unforeseen contingencies?

Answer: Parliament

Which judge acted as President of India under the powers given by Article 70 in 1969?

Answer: Justice M. Hidayatullah