<P> Article 65 of the Indian Constitution says that the Vice-President of India will have to discharge the duties, if the Office falls vacant due to any reason other than expiry of the term . The Vice-President reverts to office when a new President is elected and enters office . When the President is unable to act because of absence, illness or any other cause, the Vice-President discharges the President's functions until the President resumes the duties . </P> <P> A Vice-President who acts as or discharges the functions of the President has all the powers and immunities of the President and is entitled to the same emoluments as the President . It should be noted here that when the Vice-President discharges the duties of the President, he / she does not function as the Chairperson of the Rajya Sabha . </P> <P> The Indian Parliament has enacted the law (The President (Discharge of Functions) Act, 1969) for the discharge of the functions of the President when vacancies occur in the offices of the President and of the Vice-President simultaneously, owing to removal, death, resignation of the incumbent or otherwise . In such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the Supreme Court of India available discharges the functions of the President until a newly elected President enters upon his office or a newly elected Vice-President begins to act as President under Article 65 of the Constitution, whichever is the earlier . For example, in 1969, when President Zakir Husain died in Office, Vice-President V.V. Giri served as the acting President of India . However, later, V.V Giri resigned from both posts (Acting President of India and Vice-President of India) as he became a candidate in the 1969 Presidential election in India . In this event, the then Chief Justice of India, Justice Mohammad Hidayatullah served as the acting President of India until the next President was elected . </P> <Table> President versus Chief Justice of India <Tr> <Th> President </Th> <Th> Chief Justice of India / Judiciary </Th> </Tr> <Tr> <Td> The duties of President under his oath is to protect, defend and preserve the constitution and the law </Td> <Td> Similar to President to uphold the Constitution and the laws (Third Schedule of the constitution) </Td> </Tr> <Tr> <Td> Oath is taken in the presence of the Chief Justice </Td> <Td> In the presence of the President </Td> </Tr> <Tr> <Td> Impeachment by Parliament with majority of not less than two - thirds of the total membership of each House of the Parliament for violation of the Constitution as per Article 61 . </Td> <Td> Impeachment by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two - thirds of the members of that House present and voting on the ground of proved misbehaviour or incapacity as per Article 124 (4) </Td> </Tr> <Tr> <Td> President can be removed by the Supreme Court per Article 71 (1) for committing electoral malpractices and upon ceasing to possess the requisite qualifications to be president . </Td> <Td> President cannot remove judges once appointed by him without impeachment process per Article 124 . </Td> </Tr> <Tr> <Td> An individual heads the autonomous institution of President . </Td> <Td> Judiciary / Supreme Court is also an autonomous institution represented by team of Supreme Court judges with Chief justice as its chief . </Td> </Tr> <Tr> <Td> President being head of Parliament, Executive and supreme commander of armed forces is fully empowered by the constitution to fulfil his judicial responsibility . He can also take the expert advise of Attorney General and also Chief Justice in performing his judicial role . It is President's duty to ensure that every state's governance is carried on in accordance with the provisions of the constitution under Articles 355 and 356 . </Td> <Td> Chief Justice / Supreme Court is also empowered by the constitution to repeal the unconstitutional activities of parliament and executive only after a fair trial . </Td> </Tr> <Tr> <Td> President's prime duty is to prevent unconstitutional decisions of union and state governments and Parliament or state assemblies by denying his compulsory assent for making them into applicable laws . He is the foremost defender of the constitution who can pre-empt the unconstitutional activities of executive and legislatures . The other duties of President are just ceremonial as head of the country which are attached to him for being protector, defender and preserver of the constitution . The institution of President becomes redundant if the president is confining to other ceremonial duties only . </Td> <Td> Can intervene or nullify the unlawful actions of union / state governments and unconstitutional laws enacted by the Parliament or a state legislative after presidential assent only . </Td> </Tr> <Tr> <Td> President has constitutional immunity for his unconstitutional, mala fides activities during their tenure but liable for judicial action / punishment for his unconstitutional activity after the term of presidency . However per Article 361 (1), President is answerable to a court designated by either house of Parliament with two - thirds majority for the investigation of a charge against him under article 61 . </Td> <Td> Chief justice / Judges of Supreme Court are also immune from punishment for not delivering correct judgements or for their incompetence and mala fides . However, Judges verdict can be repealed by a higher level bench of other judges . </Td> </Tr> <Tr> <Td> President cannot be recalled by the people of India for not fulfilling his constitutional duties in case Parliament is not impeaching the President or removed by the Supreme Court . </Td> <Td> Chief justice / Judge of Supreme Court also cannot be recalled by the people of India in case Parliament is not impeaching the judges . </Td> </Tr> </Table>

To whom the president of india gives his resignation
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