Mohammad Hidayatullah: The only Indian vice-president who also officiated as President and CJI

In an unprecedented development in India’s constitutional history, Vice President Jagdeep Dhankhar tendered his resignation, citing health-related reasons. His exit from the second-highest constitutional office marks the first time a sitting vice president has voluntarily stepped down before completing the term. The resignation has created a temporary vacancy in the Rajya Sabha chair and prompted fresh discourse on constitutional succession.

The Ministry of Home Affairs confirmed the resignation under Article 67A of the Indian Constitution, with immediate effect. Following the announcement in the Rajya Sabha by BJP MP Ghanshyam Tiwari, Deputy Chairman Harivansh Narayan Singh assumed responsibility for chairing proceedings.

This development brings to mind a moment from 1969, when India faced a similar constitutional gap and a remarkable figure—Mohammad Hidayatullah—rose to fill it. A stalwart of the Indian judiciary and polity, Hidayatullah remains the only individual in Indian history to have held the offices of Chief Justice of India (CJI), Acting President, and Vice President.

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A star in the Indian judiciary

Hidayatullah was elevated to the position of Chief Justice of India in February 1968, under Article 124 of the Constitution. He was the first Muslim to hold the post and earned respect for his sharp constitutional insights and erudition.

Assuming the presidency in a time of crisis

The summer of 1969 brought a constitutional conundrum. President Zakir Husain passed away in office and Vice-President VV Giri stepped in as acting president. However, when Giri resigned to contest the presidential election, both the top posts stood vacant.

Under the provisions of Article 65 and the President (Discharge of Functions) Act, 1969, Chief Justice Hidayatullah was called upon to act as the President of India from July 20 to August  24, 1969.

This was a moment of historical significance. It was the first and only time the chief justice had to act as the president due to vacancies in both the president and vice-president’s offices. The Constitution, in its foresight, allowed for such an eventuality, highlighting the depth and resilience of India’s legal framework.

Vice-presidential tenure

After retiring from the judiciary, Hidayatullah remained an influential figure in public life. In 1979, he was elected unopposed as the sixth Vice President of India, serving until 1984.

His election was guided by Articles 63 to 68 of the Constitution, which regulate the post. During his tenure, he again briefly served as “Acting President” in 1982 when President Zail Singh was abroad, reiterating his unique role in India’s constitutional machinery.

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Landmark judgments and legal philosophy

Hidayatullah’s legacy as a jurist is rich with landmark cases and scholarly judgments. In the Golaknath vs State of Punjab case, he opposed Parliament’s unrestrained power to amend the Constitution, especially concerning Fundamental Rights.

His judgment in Ranjit D Udeshi vs State of Maharashtra also set important boundaries around freedom of expression and obscenity laws. His opinions combined legal precision with literary elegance, reflecting his vast intellectual horizon.

Beyond the courtroom

Hidayatullah remains a towering figure whose constitutional journey is unmatched. His ability to serve in the judiciary’s highest post, temporarily hold the presidency and later serve as vice president highlights the flexibility of India’s constitutional provisions and the depth of leadership they can foster.

At a moment when India’s vice-president’s office stands vacant, reflecting on Hidayatullah’s legacy provides both historical perspective and institutional reassurance.