Question

Who is the only Chief Justice of the Supreme Court who has discharged the duties of the President of India?

• A. Justice M. Hidayatullah
• B. Justice Krishna Iyer
• C. Justice P. N. Bhagwati
• D. None of the above

Hint:

Justice M. Hidayatullah holds a unique historical record in Indian polity: he is the only individual to have headed all three distinct constitutional pillars—as Chief Justice of India (Judiciary), Acting President (Executive), and Chairman of the Rajya Sabha / Vice-President (Legislature).

Answer 1

The Correct Option is A

Concept: The constitutional line of succession in India ensures that the highest executive office of the country never remains vacant. Under Article 65 of the Constitution and the subsequent President's Discharge of Functions Act, 1969, if the offices of both the President and the Vice-President fall vacant simultaneously due to death, resignation, removal, or otherwise, the Chief Justice of India (CJI) shall discharge the duties of the President.

Step 1:
In May 1969, independent India experienced a unique constitutional crisis. The sitting President, Dr. Zakir Husain, passed away unexpectedly while in office. In accordance with the constitutional protocol, the Vice-President, Varahagiri Venkata Giri (V.V. Giri), immediately took charge as the Acting President of India.

Step 2:
However, shortly thereafter, V.V. Giri decided to resign from his post as Vice-President as well as his role as Acting President in order to independently contest the upcoming 1969 presidential elections. His resignation created a simultaneous vacancy in both of the nation's top executive positions.

Step 3:
To resolve this unprecedented situation, the Parliament invoked the newly passed protocol. Consequently, Justice Mohammad Hidayatullah, who was serving as the 11th Chief Justice of India, stepped in and officially took the oath as the Acting President of India on July 20, 1969.

Step 4:
Justice Hidayatullah discharged his executive duties with complete distinction until August 24, 1969, when the newly elected President V.V. Giri formally assumed office. Justice Hidayatullah remains the only individual in Indian history to have served as the Chief Justice of India, Acting President of India, and later, the elected 6th Vice-President of India (from 1979 to 1984).

Step 5:
Let's review the profiles of the other options:

• Justice V. R. Krishna Iyer: An eminent judge celebrated for introducing landmark human rights jurisprudence, prison reforms, and legal aid frameworks in India, but he never served as Chief Justice of India or Acting President.

• Justice P. N. Bhagwati: The 17th Chief Justice of India, widely celebrated as the pioneer of Public Interest Litigation (PIL) and the relaxation of locus standi rules, but he never assumed executive presidential duties.
Thus, option (A) is the correct answer.