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President's Succession

By Sudhir Chandra Roy

Published In

Cr LJ 1969

The Rule that the Chief Justice of India may act as President of India on certain occasions, a recently envisaged, is unnecessary and undesirable from many points of view, some of which are set forth hereunder : — It is clearly stated in the Constitution of India that the Vice-President shall act as President until the date on which a new President is elected in accordance with the Constitution. (Art. 65). All doubts and disputes arising out of or in connection with the election of a President or Vice -President shall be inquired into and decided by the Supreme Court whose decision shall be final (Art. 71). The powers exercisable by the Chief Justice of India under Art. 71 of the Constitution shall be practically abrogated or suspended by an Act of Presidential Succession. A separate Act is unwarranted and uncalled for. The President of India is required under Art. 60 of the Constitution to make and subscribe in the presence of Chief Justice of ....

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