A Comprehensive Guide to Article 70 of the Indian Constitution

Introduction

Article 70 of the Indian Constitution deals with situations where any function assigned to the President by the Constitution is to be performed by someone else under certain circumstances. This provision ensures continuity in governance when the President is unable to discharge their duties.

Understanding Article 70

Article 70 provides for the exercise of the President’s functions in situations where special provisions are necessary. It states:

Text of Article 70: “Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.”

Key Features of Article 70

1. Parliamentary Authority: Parliament has the power to legislate on matters concerning the discharge of presidential functions in unforeseen contingencies.
2. Ensuring Continuity: This provision ensures that governance is not disrupted due to the President’s inability to perform duties.
3. Supplementary Nature: Article 70 acts as a supplementary provision, covering situations not addressed by other articles concerning presidential functions (such as Articles 65 and 71).
4. Legislative Flexibility: The broad wording of Article 70 allows Parliament to decide on the specific measures needed to address any unexpected scenario.

Situations Where Article 70 May Apply

• Incapacitation of the President: If the President is unable to perform duties due to health reasons or other serious issues.
• Legal Disputes: If a legal challenge arises concerning the validity of the President’s election.
• Other Unforeseen Contingencies: Any situation that is not explicitly covered under existing constitutional provisions but requires an alternative mechanism for discharging presidential duties.

Comparison with Related Articles

• Article 65: Specifies that the Vice President will act as President in case of vacancy due to death, resignation, removal, or other reasons.
• Article 71: Deals with the manner of resolving disputes related to the election of the President.
• Article 70: Serves as a supplementary provision to address contingencies not covered by other articles.

Importance and Implications

1. Prevents Constitutional Crisis: Article 70 acts as a safeguard against governance paralysis in case of unforeseen events.
2. Legislative Oversight: It allows Parliament to intervene and create necessary laws when needed.
3. Broad Scope: Since it does not specify particular circumstances, it provides flexibility to address a wide range of issues.

Conclusion

Article 70 of the Indian Constitution is a crucial provision that ensures smooth functioning of the highest office in the country even during contingencies. By granting Parliament the power to legislate on such matters, the Constitution guarantees stability in governance while maintaining democratic principles. Though rarely invoked, Article 70 remains an essential backup mechanism for handling extraordinary situations.