Article 71 of the Indian Constitution lays down the procedure for dealing with disputes arising out of the election of the President or the Vice-President. It ensures that the process of electing these highest office holders is subject to judicial scrutiny by the highest court of the land, the Supreme Court.
Article 71(2) specifically addresses a critical aspect related to the potential nullification of such an election by the Supreme Court. It deals with the consequences of a decision by the Supreme Court that declares the election of a sitting President or Vice-President void, focusing on the validity of actions taken by that individual while in office prior to such a declaration.
Original Text
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
Detailed Explanation
Article 71(2) is a crucial provision designed to prevent administrative and governmental chaos in the event that the Supreme Court, as the sole authority for deciding such matters under Article 71(1), declares the election of a President or Vice-President invalid or void. Without this clause, such a declaration could potentially lead to a retrospective nullification of all actions, decisions, and official duties performed by that individual during their tenure in office up to the date of the Supreme Court’s decision.
The clause explicitly states that despite the election being declared void by the Supreme Court, any act performed by the person while exercising the powers and duties of the office of President or Vice-President, on or before the date of the Supreme Court’s decision, shall remain valid. This provision safeguards the continuity of the government’s functions and ensures legal certainty regarding the official actions taken during the period the individual held office, even if their election is later found to have been legally invalid. It prevents disruption to the country’s administration and upholds the principle that actions taken by an office-holder, while ostensibly in office, should not be retroactively undone to the detriment of public interest or legal order simply because their assumption of office is later challenged and overturned. The invalidation only applies to the status of the person as President or Vice-President from the date of the Supreme Court’s decision, not retrospectively to undo actions already completed.
Detailed Notes
- Covers the election of both the President and the Vice-President of India.
- Applies specifically when the Supreme Court of India declares the election of a person to either of these offices void. (Note: Under Article 71(1), the Supreme Court is the sole authority for deciding such disputes).
- Focuses on acts done by the person while holding the office.
- These acts must have been performed in the exercise of the powers and duties of the office of President or Vice-President.
- The relevant period for protection is on or before the date of the decision of the Supreme Court declaring the election void.
- States that such acts shall not be invalidated solely by reason of the declaration that the election was void.
- Purpose:
- To ensure continuity and stability in the functioning of the government.
- To prevent administrative chaos that would result from the retrospective invalidation of official actions.
- To provide legal certainty regarding the decisions and actions taken by the office holder while legally (though perhaps ultimately improperly elected) in office.
- Protects actions taken in good faith while performing constitutional duties.
- The provision does not validate actions taken after the Supreme Court’s decision declaring the election void. The individual ceases to hold office upon such a declaration.
Additional Comments
- Article 71(1) vests the exclusive jurisdiction to inquire into and decide all doubts and disputes arising out of or in connection with the election of a President or Vice-President with the Supreme Court.
- The decision of the Supreme Court in this regard is final and binding.
- This clause is a practical necessity, acknowledging that even a person whose election is later found defective performs essential state functions that must have enduring validity for the smooth running of the country.
- It reflects a principle of legal pragmatism and the need to balance the correction of an electoral irregularity with the need for governmental stability and the protection of third parties who may have been affected by the official acts.
Summary
Article 71(2) of the Constitution provides that if the Supreme Court declares the election of a person as President or Vice-President void, the official acts performed by that individual in the exercise of their powers and duties on or before the date of the Supreme Court’s decision will not be invalidated because of the declaration. This provision is crucial for ensuring governmental continuity and legal certainty by preventing the retrospective undoing of actions taken by the office holder before their election was legally challenged and voided by the Supreme Court.