#THE PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 
1. Short title. 
2. Definitions. 
3. Discharge of President’s functions in certain contingencies. 



#THE PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 

##ACT NO. 16 OF 1969 

[28th May, 1969.] 

An Act to provide for the discharge of the functions of the President in certain contingencies. 

  BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— 

1. **Short title.**—This Act may be called the President (Discharge of Functions) Act, 1969. 

2. **Definitions.**—In this Act “President”, “Vice-President” and “Second Schedule” shall mean the 
President of India, the Vice-President of India and the Second Schedule to the Constitution respectively. 

3. **Discharge of President’s functions in certain contingencies.**—(1) In the event of the occurrence 
of 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 of 
the Supreme Court of India available shall discharge the functions of the President until a new President 
elected  in  accordance  with  the  provisions  of  the  Constitution  to  fill  the  vacancy  in  the  office  of  the 
President  enters  upon  his  office  or  a  new  Vice-President  so  elected  begins  to  act  as  President  under 
article 65 of the Constitution, whichever is earlier. 

(2) When  the  Vice-President,  while  discharging  the  functions  of  the  President,  dies,  resigns,  or  is 
removed or otherwise ceases to hold office, the Chief Justice of India or, in his absence, the seniormost 
Judge  referred  to  in  sub-section  (1)  shall  discharge  the  said  functions  until  the  President  resumes  his 
duties 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,  the 
Chief  Justice  of  India  or,  in  his  absence,  the  seniormost  Judge  referred  to  in  sub-section  (1)  shall 
discharge the said functions— 

     (i) in the case referred to in clause (a), until a new President elected as aforesaid enters upon 
his 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 the 
Vice-President resumes his duties, whichever is earlier. 

(4) The person discharging the functions of the President under this section shall, during, and in 
respect of, the period while he is so discharging the said functions, 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.