9. Draft Constitution as published in the Gazette of India, dated 26th February 1948 with Dr. Ambedkar’s letter dated 21st February 1948 to Dr. Rajendra Prasad,President of the Constituent Assembly of India - Page 158

THE DRAFT CONSTITUTION 125

THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 157

Time of holding elections to fill vacancies in the office of President and the term of office of persons elected to fill casual vacancies.

The VicePresident of India.

The VicePresident to be ex-officio Chairman of the Council of States.

The VicePresident to act as President or to discharge his functions during casual vacancies in the office, or the absence, of the President.

Election of Vice-President

  1. (1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill the vacancy shall be entitled to hold office for the full term of five years as provided in article 45 of this Constitution,

  1. There shall be a Vice-President of India.

  2. The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office or position of emolument:

Provided that during any period when the VicePresident acts as President or discharges the functions of the President under article 54 of this Constitution, he shall not perform the duties of the office of Chairman of the Council of States.

  1. (1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.

(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of the, President, have all the powers and immunities of the President.

  1. (1) The Vice-President shall be elected by the members of both Houses of Parliament assembled at a joint meeting in accordance with the system of

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