When the offices of both the President and the Vice-President of India are…

Concept

The Constitution distinguishes an ordinary presidential vacancy from a simultaneous vacancy in the offices of President and Vice-President. Article 70 permits Parliament to provide for the discharge of the President’s functions in a contingency not otherwise covered.

Under the President (Discharge of Functions) Act, 1969, the Chief Justice of India—or, when that officeholder is unavailable, the senior-most available judge of the Supreme Court—discharges the President’s functions during such a simultaneous vacancy.

Application

The question states that both constitutional offices are vacant. Therefore, the statutory simultaneous-vacancy rule applies, and the Chief Justice of India is the relevant officeholder among the given choices.

Contrast

• The Chief Election Commissioner supervises and controls the conduct of elections through the Election Commission of India.

• The Prime Minister heads the Council of Ministers and advises the President; that office does not form the statutory line for this simultaneous vacancy.

• The Speaker presides over the Lok Sabha and performs functions connected with that House.

Cross-check

Article 65 normally makes the Vice-President act as President when only the President’s office is vacant. Because the Vice-President’s office is also vacant here, the 1969 Act governs instead.

Thus, the Chief Justice of India will discharge the functions of the President.