How can this be true? The answer given is 'none'. But if both the President and Vice‑President positions are vacant, can't the CJI discharge the functions for at least six months? As a Vice President would, yes they can't act as President, but maybe for six months until elections are held.
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The answer is definitely the CJI. There's a precedent – Justice M. Hidayatullah, the only Chief Justice who later became President.
It's only the CJI.
The Constitution is the key; the succession of the CJI is actually covered in the President (Discharge of Functions) Act.
President (Discharge of Functions) Act, 1969 (in line with A‑70):
If vacancies arise in both the President and Vice‑President offices—whether due to death, resignation, removal or any other reason—the Chief Justice of India, or if he's unavailable, the senior‑most Supreme Court judge present, shall discharge the functions.
The question specifically asks 'as per the Constitution', and since it's not mentioned there, the correct choice is none of the above.
Because the question asks 'as per the Constitution of India', Article 70 doesn't mention the CJI; the power lies with Parliament. Hence the answer is none of the above.
Friends, the answer would be the CJI, but since the question stresses 'as per the Constitution', the given answer is None.
Even though the CJI would step in to discharge the President's duties, the Constitution doesn't say so. Article 65 only provides that the Vice‑President acts as President in specific situations.
Section 3 of the President (Discharge of Functions) Act 1969 actually covers the case in the question.
(I looked it up because I wasn't sure the Constitution ever mentions the CJI acting as President).
When there's a vacancy, a presidential election must be held. In cases of temporary absence—illness, etc.—after the Vice‑President, the CJI steps in, but not for a full vacancy.
It's confusing with UPSC patterns. Whenever a question says 'as per the Constitution' do we automatically treat the option as wrong? For example, I thought a political party mentioned in the Constitution in 2025 wasn't there because I hadn't read it, but I was wrong—it is actually mentioned.