Sir, the original Clause contains certain expressions which to my humble mind raise some amount of difficulty. I have suggested this amendment so that the House will consider the difficulty and the House or the Drafting Committee will consider them. The clause allows the Vice-President to function in certain contingencies. Sub-clause (1) refers to the absence of the President. Absence from where is not clear to me. We know that provincial ministers function even in their absence from their headquarters. Does the absence of the President mean absence from the Union, when he goes outside his area to a foreign country or when he leaves his headquarters. I suppose what is meant is “absence from the- Union”. That is what I have attempted to incorporate in my amendment, The second difficulty is that the Vice-President should act when incapacity is established. There is great difficulty. In determining what incapacity means and implies. The President may act in a certain way. One man might take the view that he has shown incapacity. The President might say that the critic has failed to appreciate, his capacity, and many others might be willing to agree with him. There is no court of law or tribunal “which can adjudicate upon the incapacity”. Then the question arises. Is the President supposed to be incapable of discharging his duty? This creates a similar uncertainty. So this uncertainty should be removed. Incapacity is a very doubtful expression which may lead to serious complications and squabbles.
