The Constitution of India
Article 70
Discharge of President's functions in other contingencies
Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.
Why this exists
The Constitution's other Articles (like Article 65) already cover common gaps, such as the Vice-President stepping in during a vacancy or the President's temporary absence or illness. But the framers knew they could not predict every possible emergency involving the presidency. Article 70 is a safety valve: it gives Parliament the power to fill in any unforeseen gap by ordinary law, rather than requiring a constitutional amendment for every new scenario.
How courts read it
There is no major Supreme Court judgment specifically interpreting Article 70, since it has rarely been the subject of litigation; its main practical effect has been through Parliament's use of this power to legislate, rather than through judicial interpretation.
Common misconceptions
- Myth: Article 70 itself names who acts as President in an emergency.
Fact: Article 70 does not name anyone; it only gives Parliament the power to make a law deciding who acts, for situations not already covered elsewhere.