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My experiences with Justice Hidayatullah, Vice President of India Acting President?
There is no substitute for patient research and a thorough knowledge of the book of rules – especially while taking a position with superiors.
There is no substitute for patient research and a thorough knowledge of the book of rules – especially while taking a position with superiors.
1982, Giani Zail Singh, the President of India, needed to undergo heart bypass surgery and was to be hospitalised for six weeks. Justice Hidayatullah was the Vice President of India.
I was posted as the Secretary to the Vice President, a posting that became a great learning process, providing, as it did a valuable opportunity for close interaction with an eminent jurist and versatile statesman.
Some years prior to that, Justice Hidayatullah was the Chief Justice of India. Neelam Sanjeeva Reddy, the President of India had completed his term and demitted office. V.V. Giri, the then Vice President had resigned from his post to contest the Presidential Election.
With the President’s position vacant and the Vice President not there, the Chief Justice of India was, in accordance with the provisions of the Constitution of India, sworn in as the acting President. When it was suggested to him that he be described as the “acting” President, he pointed out that the Constitution provides that “there shall be a President of India…”, and that he was occupying that post, having resigned from the office of the Chief Justice of India.
He was therefore the President of India - not the “acting” President. This position was accepted at that time.In 1982, as an extension of the earlier precedent, the question was whether we should ask for a seal that read “President of India”. I advised him that, this time around, there was a President who only was unable to discharge his functions.
The Constitution provides that when the President is unable to discharge his functions the Vice President will do so. Hence the Vice President can only “act” as the President.
Advice was sought of Shri Peri Sastry, then the Law Secretary of India, who confirmed the stand I took. The Vice President appreciated the position and possible embarrassment was averted.
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