Articles 69, 70 and 71 of the Constitution of India
Articles 69, 70 and 71 form part of the constitutional framework governing the Vice-President's oath, the discharge of the President's functions in contingencies not otherwise provided for, and disputes relating to the election of the President or Vice-President.
- Article 69: oath or affirmation by the Vice-President before entering office.
- Article 70: Parliament's power to provide for discharge of the President's functions in other contingencies.
- Article 71: Supreme Court jurisdiction over doubts and disputes connected with Presidential and Vice-Presidential elections, together with related constitutional safeguards.
Article 69 - Oath or affirmation by the Vice-President
Article 69 requires every Vice-President, before entering upon office, to make and subscribe an oath or affirmation before the President, or before a person appointed by the President for that purpose.
Constitutional substance: the Vice-President solemnly undertakes to bear true faith and allegiance to the Constitution of India as by law established and faithfully to discharge the duty of the office about to be entered upon.
Meaning and purpose of Article 69
The provision makes the oath or affirmation a constitutional step that precedes entry into the office of Vice-President. It expressly identifies who administers the oath and the constitutional commitments made by the office-holder.
Article 70 - Discharge of President's functions in other contingencies
Article 70 authorises Parliament to make such provision as it considers appropriate for the discharge of the functions of the President in a contingency that is not otherwise provided for in the relevant Chapter of the Constitution.
Law made in connection with Article 70
The President (Discharge of Functions) Act, 1969 is relevant to the statutory framework for the discharge of Presidential functions in specified circumstances. Article 70 operates as the constitutional enabling provision for contingencies not otherwise dealt with in the Chapter.
Article 71 - Matters relating to election of President or Vice-President
Article 71 deals with doubts and disputes arising out of or in connection with the election of the President or Vice-President and assigns the adjudicatory role to the Supreme Court of India.
Article 71(1) - Election disputes
All doubts and disputes arising out of or in connection with the election of a President or Vice-President are to be inquired into and decided by the Supreme Court, whose decision is final.
Article 71(2) - Effect where an election is declared void
If the Supreme Court declares the election of a person as President or Vice-President void, acts already done by that person in the exercise and performance of the powers and duties of the office on or before the date of the Court's decision are not invalidated merely because of that declaration.
Article 71(3) - Parliament may regulate election-related matters
Subject to the Constitution, Parliament may by law regulate matters relating to or connected with the election of the President or Vice-President. The principal legislation is the Presidential and Vice-Presidential Elections Act, 1952, which regulates matters including nominations, polling, counting, declaration of results and election petitions.
Article 71(4) - Vacancy in electoral college
An election of the President or Vice-President cannot be called in question merely on the ground that a vacancy, for whatever reason, existed among the members of the electoral college electing that person.
Official legal resources
Legislative Department - Constitution of India
Frequently asked questions
What does Article 69 of the Constitution provide?
It requires the Vice-President to make and subscribe the prescribed oath or affirmation before entering office.
What is the purpose of Article 70?
It empowers Parliament to provide for the discharge of the President's functions in a contingency not otherwise provided for in the relevant constitutional Chapter.
Who decides disputes relating to the election of the President or Vice-President?
Under Article 71, the Supreme Court decides doubts and disputes arising out of or in connection with those elections.
Can an election be challenged merely because there was a vacancy in the electoral college?
No. Article 71(4) states that the election cannot be called in question on that ground.