The President (Discharge of Functions) Act, 1969

This Act may be called the President (Discharge of Functions) Act, 1969.

In this Act "President", "Vice-President" and "Second Schedule" shall mean thePresident of India, the Vice-President of India and the Second Schedule to the Constitution respectively.

(1) In the event of the occurrenceof 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 ofthe Supreme Court of India available shall discharge the functions of the President until a new Presidentelected in accordance with the provisions of the Constitution to fill the vacancy in the office of thePresident enters upon his office or a new Vice-President so elected begins to act as President underarticle 65 of the Constitution, whichever is earlier. (2) When the Vice-President, while discharging the functions of the President, dies, resigns, or isremoved or otherwise ceases to hold office, the Chief Justice of India or, in his absence, the seniormostJudge referred to in sub-section (1) shall discharge the said functions until the President resumes hisduties or a new Vice-President is elected as aforesaid, whichever is earlier. (3) 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, theChief Justice of India or, in his absence, the seniormost Judge referred to in sub-section (1) shalldischarge the said functions (i) in the case referred to in clause (a), until a new President elected as aforesaid enters uponhis 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 theVice-President resumes his duties, whichever is earlier. (4) The person discharging the functions of the President under this section shall, during, and inrespect of, the period while he is so discharging the said functions, have all the powers and immunities ofthe President and be entitled to such emoluments, allowances and privileges as may be determined byParliament by law and, until provision in that behalf is so made, such emoluments, allowances andprivileges as are specified in the Second Schedule.