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India Today
6 days ago
- Politics
- India Today
When India's Vice-President quit mid-term and CJI had to fill in as President
Fifty-six years before Jagdeep Dhankhar's surprising resignation from the post of Vice-President on Monday, India witnessed the first resignation of a Vice-President in 1969. But far from the intrigue in the Dhankhar case, the 1969 resignation was forced by circumstances and eventually resulted in the Chief Justice of India (CJI) taking charge of the Republic as the President of the sudden death of President Zakir Husain in May 1969, Vice-President VV Giri stepped down from his post to run for the President's led to the young Republic facing a unique situation, where Giri's resignation to run for the President's post resulted in the CJI, Mohammad Hidayatullah, taking charge as the President. His tenure lasted a month, until VV Giri was elected and sworn in as the full-time President of India. For over a month, the CJI was the acting President of India, and even hosted then US President Richard Nixon at the Rashtrapati Dhankhar's resignation on Monday, citing health reasons, makes him the fourth Vice-President to quit without completing his 5-year term. While Dhankhar's case is exceptional, the others quit to run for the President's than Giri, Ramaswamy Venkataraman (1987) and Shankar Dayal Sharma (1992) were the other two who quit mid-term and contested presidential resignation provides an opportunity to revisit the VV Giri chapter and examine how the CJI became the acting Article 67(a) of the Indian Constitution, a Vice-President may resign by submitting a written notice to the President, effective immediately upon acceptance. In the absence of a Vice-President, the Deputy Chairman of the Rajya Sabha assumes interim duties, while the Chief Justice of India (CJI) may act as President if both offices are vacant, as outlined in the President (Discharge of Functions) Act, these provisions that enable transitions in India's top leadership to take place smoothly, in accordance with the OF AN INDIAN PRESIDENT, AND A FRACTURED CONGRESSOn May 3, 1969, President Zakir Husain, who had been the Vice-President between 1962-1967, died in office. A constitutional crisis was India's third President, Husain was a respected figure, and his passing left the presidency the time, the Congress party was grappling with internal party was split between the old guard, known as the Syndicate, and the faction led by then-Prime Minister Indira rift set the stage for the contentious presidential election of VV Giri, who had been serving as acting President following Husain's death, emerged as a key figure in the unfolding political Congress faced pressure to select a candidate who could have the support and unify the factions. But the divide between the Syndicate (namely the Congress Organisation) and Gandhi's supporters Congress (Requisitionists) made consensus elusive.A PRESIDENTIAL BID IN INDIA LIKE NO OTHER; VV GIRI WON BY A NARROW MARGINadvertisementThe Syndicate, a group of senior Congress leaders, including K Kamaraj and Morarji Desai, sought to assert control over the presidential favoured Neelam Sanjiva Reddy as their candidate, believing he would align with their conservative faction. Meanwhile, Indira Gandhi, pushing for greater influence within the party, backed VV Giri, who was seen as more sympathetic to her pursue the presidency, Giri, acting as the President, resigned as the Vice-President on May 13, 1969. The move was an unprecedented one as no Vice-President had election became a battleground for control of the Congress Party. Giri, running as an independent candidate with Gandhi's support, faced Reddy. Gandhi called for a "conscience vote", allowing Congress MPs to vote won the election in August 1969, by a narrow margin. He secured 4,20,077 votes against Reddy's 4,05,427, becoming India's fourth CJI WELCOMED US PRESIDENT NIXON, AS A PRESIDENTWith both the presidency and vice-presidency vacant after Giri's resignation, an interim arrangement was required. From May to August 1969, the Vice-President's post remained vacant for more than 100 President's role, temporarily assumed by Vice-President VV Giri in May, came to an end in July after he resigned, having discharged the duties of both offices for over two was then, based on the provisions of the Constitution and the President (Discharge of Functions) Act, 1969, enacted just before this crisis, the Chief Justice of India acted as the Chief Justice of India Mohammad Hidayatullah assumed the role of acting President from July 20, until Giri's inauguration on August tenure as the acting President became historic when he hosted US President Richard Nixon during his official visit to India. He even delivered a formal address at Rashtrapati Bhavan's Banquet Hall, according to the American Presidential Project, a digital archive maintained by the University of a short tenure of a month, as Article 62 of the Constitution mandates that a presidential election must be held within six months of a vacancy, Hidayatullah's stint came to an end after Giri took the oath of India's highest office on August becoming a full-time Vice-President, Hidayatullah went on to act as President thrice in the 1980s during President Zail Singh's foreign part of post-Independence lore, this precedent gains some renewed relevance in 2025. However, now, Dhankhar's resignation has paved the way for an election to fill the Vice-President's post in six months.- Ends
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First Post
6 days ago
- Politics
- First Post
Mohammad Hidayatullah: The only Indian vice-president who also officiated as President and CJI
As India's second-highest office falls vacant with the resignation of Jagdeep Dhankhar, history recalls the only man to have held the top three read more In an unprecedented development in India's constitutional history, Vice President Jagdeep Dhankhar tendered his resignation, citing health-related reasons. His exit from the second-highest constitutional office marks the first time a sitting vice president has voluntarily stepped down before completing the term. The resignation has created a temporary vacancy in the Rajya Sabha chair and prompted fresh discourse on constitutional succession. The Ministry of Home Affairs confirmed the resignation under Article 67A of the Indian Constitution, with immediate effect. Following the announcement in the Rajya Sabha by BJP MP Ghanshyam Tiwari, Deputy Chairman Harivansh Narayan Singh assumed responsibility for chairing proceedings. STORY CONTINUES BELOW THIS AD This development brings to mind a moment from 1969, when India faced a similar constitutional gap and a remarkable figure—Mohammad Hidayatullah—rose to fill it. A stalwart of the Indian judiciary and polity, Hidayatullah remains the only individual in Indian history to have held the offices of Chief Justice of India (CJI), Acting President, and Vice President. A star in the Indian judiciary Hidayatullah was elevated to the position of Chief Justice of India in February 1968, under Article 124 of the Constitution. He was the first Muslim to hold the post and earned respect for his sharp constitutional insights and erudition. Assuming the presidency in a time of crisis The summer of 1969 brought a constitutional conundrum. President Zakir Husain passed away in office and Vice-President VV Giri stepped in as acting president. However, when Giri resigned to contest the presidential election, both the top posts stood vacant. Under the provisions of Article 65 and the President (Discharge of Functions) Act, 1969, Chief Justice Hidayatullah was called upon to act as the President of India from July 20 to August 24, 1969. This was a moment of historical significance. It was the first and only time the chief justice had to act as the president due to vacancies in both the president and vice-president's offices. The Constitution, in its foresight, allowed for such an eventuality, highlighting the depth and resilience of India's legal framework. Vice-presidential tenure After retiring from the judiciary, Hidayatullah remained an influential figure in public life. In 1979, he was elected unopposed as the sixth Vice President of India, serving until 1984. His election was guided by Articles 63 to 68 of the Constitution, which regulate the post. During his tenure, he again briefly served as 'Acting President' in 1982 when President Zail Singh was abroad, reiterating his unique role in India's constitutional machinery. Landmark judgments and legal philosophy Hidayatullah's legacy as a jurist is rich with landmark cases and scholarly judgments. In the Golaknath vs State of Punjab case, he opposed Parliament's unrestrained power to amend the Constitution, especially concerning Fundamental Rights. His judgment in Ranjit D Udeshi vs State of Maharashtra also set important boundaries around freedom of expression and obscenity laws. His opinions combined legal precision with literary elegance, reflecting his vast intellectual horizon. Beyond the courtroom Hidayatullah remains a towering figure whose constitutional journey is unmatched. His ability to serve in the judiciary's highest post, temporarily hold the presidency and later serve as vice president highlights the flexibility of India's constitutional provisions and the depth of leadership they can foster. At a moment when India's vice-president's office stands vacant, reflecting on Hidayatullah's legacy provides both historical perspective and institutional reassurance. STORY CONTINUES BELOW THIS AD
