Will India have a caretaker President?

N Sathiya Moorthy in Madras

Will there be a caretaker President advising a caretaker prime minister in India in a few days?

Such a situation could result if a mid-term election is called within six months and if the current stalemate goes on for a few more days.

The Election Commission has already announced plans to hold elections for the President's post after Dr Shankar Dayal Sharma's term expires on July 24. The term of Vice-President K R Narayanan expires on August 20.

The members of the Lok Sabha together constitute the single largest chunk of voters for the Presidential poll and a Presidential election would be postponed if the Lower House is dissolved.

Given the 30-day notice period required for holding of a Presidential election and the actual time the Election Commission needs to prepare for them, a July 24 deadline looks unrealistic.

The founding fathers of the Constitution had prepared for the eventuality of the general election and the Presidential poll overlapping at a time the House has been dissolved. Article 56(1)(c) of the Constitution says the outgoing President should remain till elections are held to his office, to prevent an 'interregnum'. The Constitution is clear that in such cases, the vice-president cannot take over the duties of the President, as he can when the incumbent dies in office or resigns from it.

So if the Lok Sabha election is delayed, Dr Sharma may have to continue as a 'caretaker' President, advising a 'caretaker' prime minister' till a new person is elected.

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