Article 65

Vice-President Acting as President during Vacancy or Absence

Official heading: “The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 65, printed page 30
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 65 empowers the Vice-President to act as President during casual vacancies caused by death, resignation, or removal, or to discharge presidential functions during temporary illness or absence.

2. What It Means in Everyday Language

Article 65 ensures unbroken executive authority in the Republic of India. When a vacancy arises in the presidency due to death, resignation, removal, or other causes, the Vice-President acts as President until a newly elected President enters upon office.

Clause (2) deals with temporary inability: if the President is unable to discharge their duties due to absence from India, illness, or any other cause, the Vice-President discharges presidential functions until the President resumes active duties.

Clause (3) grants the Vice-President, while acting as or discharging the functions of President, all the powers, privileges, immunities, and emoluments of the President, as specified by Parliament or the Second Schedule.

3. Practical Illustrative Example

Everyday Scenario:

A sitting President undergoes major surgery requiring prolonged medical recuperation and cannot sign urgent state warrants.

Core takeaway: Under Article 65(2), the Vice-President discharges presidential duties until the President fully recovers and resumes office.

Illustrative Notice: While acting as President, the Vice-President is entitled to presidential salary and powers, but must vacate the presiding chair of Rajya Sabha under Article 64.

4. Important Limits, Qualifications & Exceptions

Article 65 provides temporary succession and functional substitution for the presidency.

Casual vacancy: Vice-President acts as President until new presidential elections are completed within 6 months.
Temporary disability: Vice-President discharges duties until the President resumes active office.
Comprehensive authority: Enjoys all constitutional powers, immunities, and emoluments of the President.
Strictly transitional: Cannot indefinitely delay the election of a new President under Article 62.

5. Operative Constitutional Text

(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office. (2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties. (3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 65, printed page 30 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource