Q. Consider the following statements:
1. Statement 1: In case of any delay in conducting the election of new President by any reason, the Vice-President holds office until the new President assumes charge.
2. Statement 2: The Vice-President is second in order of precedence after the President.
Which one of the following is correct in respect of the above statements?
Exp) Option d is the correct answer.
A vacancy in the President’s office can occur various ways: expiry of his tenure of five years, resignation, removal, death of the President or when he becomes disqualified to hold office or when his election is declared void.
Statement 1 is incorrect: In case of any delay in conducting the election of new President by any reason, the outgoing President (and not the Vice-President) continues to hold office (beyond his term of five years) until his successor assumes charge. This is provided by the Constitution in order to prevent an ‘interregnum’ (a period of gap in government). In this situation, the Vice-President does not get the opportunity to act as President or to discharge the functions of the President.
Statement 2 is correct: The Vice-President occupies the second highest office in the country. He is accorded a rank next to the President in the official warrant of precedence. However, he acts as the President until a new President is elected only when the vacancy occurs due to resignation, removal, death or otherwise of the President. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.
