Previous Year Question
Consider the following statements:
If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?
Only one
Only two
All three
None
Correct Answer: D
Detailed Solution
Statement 1 is incorrect
Under Article 71(1), all doubts and disputes arising out of or in connection with the election of the President or Vice-President are decided by the Supreme Court, whose decision is final.
However, Article 71(2) expressly provides that if the election of a person as President or Vice-President is declared void by the Supreme Court, acts performed by that person in exercise of the powers and duties of the office before the date of the Court’s decision do not become invalid.
The purposes of this provision are:
To maintain constitutional and administrative continuity;
To preserve appointments, assents and other constitutional actions already taken by the President; and
To prevent legal uncertainty in governance because of an election dispute.
Therefore, all previously performed official acts remain valid.
Statement 2 is incorrect
A presidential election cannot be postponed merely because some State Legislative Assemblies have been dissolved or their elections are pending.
Under Article 71(4), the election of the President or Vice-President cannot be challenged on the ground of any vacancy, for whatever reason, among the members of the electoral college.
The presidential electoral college includes:
Elected members of both Houses of Parliament;
Elected members of the Legislative Assemblies of the States; and
Elected members of the Legislative Assemblies of the National Capital Territory of Delhi and Puducherry.
When a Legislative Assembly is dissolved, its elected members are unavailable, but this does not require postponement of the presidential election.
Under Article 62, an election to fill a vacancy caused by the expiry of the incumbent President’s term must be completed before that term expires.
Statement 3 is incorrect
Article 111 deals with presidential assent to Bills passed by Parliament, but it does not prescribe a definite time limit within which the President must decide.
The President may:
Assent to the Bill;
Withhold assent; or
If it is not a Money Bill, return it to Parliament for reconsideration.
If Parliament passes the Bill again and presents it to the President, the President cannot withhold assent.
Related facts:
A Money Bill cannot be returned by the President for reconsideration.
When a Constitution Amendment Bill is duly passed under Article 368 and presented to the President, the President is required to give assent.
Article 111 prescribes no time limit for action on an ordinary Bill.