If the offices of both the President and the Vice-President fall vacant, the functions of the President are discharged by the:

Under the President (Discharge of Functions) Act, 1969, made under Article 70, when the offices of both the President and the Vice-President are vacant, the Chief Justice of India discharges the functions of the President. If the Chief Justice is also not available, the senior-most available judge of the Supreme Court does so.

When this happened:

In 1969, both offices fell vacant at the same time.

Chief Justice M. Hidayatullah discharged the functions of the President from 20 July 1969 to 24 August 1969.

He is the only Chief Justice to have done so.

During this period, he received a visit from the US President Richard Nixon, whom he received as the acting head of state.

Constitutional basis:

• Article 65 provides that the Vice-President acts as President when the office of President is vacant.
• Article 70 allows Parliament to make provision for the discharge of the President's functions in contingencies not provided for in the Constitution.
• The 1969 Act was passed under Article 70 to cover the situation when both offices are vacant.

Conditions while acting:

• The person discharging the President's functions has all the powers and immunities of the President.
• He receives the emoluments, allowances and privileges of the President during that period.

After Hidayatullah:

After serving as Chief Justice, M. Hidayatullah later became the sixth Vice-President of India, from 1979 to 1984.

This makes him the only person to have served as Chief Justice, acting President and Vice-President.

About the Chief Justice of India:

• The Chief Justice is appointed by the President under Article 124.
• He heads the Supreme Court and the collegium that recommends judicial appointments.
• He administers the oath of office to the President.

Why not the other options?

• ✗The Speaker, the Prime Minister and the Deputy Chairman of the Rajya Sabha do not discharge the President's functions.