Article 71 of the Indian Constitution deals with matters relating to the election of a President or Vice-President. It outlines how disputes regarding such elections are to be handled, primarily stating that all doubts and disputes shall be inquired into and decided by the Supreme Court, whose decision shall be final.
Within Article 71, clause (4) is a specific provision that addresses a potential challenge to the election outcome concerning the composition of the electoral college. This clause is crucial for ensuring the smooth and uninterrupted conduct of the Presidential and Vice-Presidential elections, safeguarding them against challenges based on procedural issues related to vacancies.
Original Text
(4) The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.
Detailed Explanation
Article 71(4) provides a vital safeguard against potential disruptions to the Presidential and Vice-Presidential elections. The electoral college for the President consists of elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States and the Union Territories of Delhi and Puducherry. For the Vice-President, the electoral college consists of members of both Houses of Parliament. Vacancies can arise in these bodies for various reasons, such as death, resignation, disqualification, or delay in conducting elections for a particular seat or state assembly.
If the existence of such vacancies could be used as a ground to challenge the validity of a Presidential or Vice-Presidential election, it could lead to significant uncertainty and instability. The election could potentially be stalled or invalidated simply because some seats in the Lok Sabha, Rajya Sabha, or a State Legislative Assembly were vacant at the time of the election.
Article 71(4) directly addresses this concern by explicitly stating that the election of the President or Vice-President cannot be challenged or called into question solely because there were vacancies in the electoral college at the time of the election, regardless of the reason for those vacancies. This provision ensures that the electoral process for these high offices can proceed and conclude decisively, even if the electoral college is not 100% full. It delinks the validity of the election from the contingent factor of vacancies in the constituent bodies of the electoral college, thereby upholding the principle of continuity and timely completion of the election process.
Detailed Notes
- Purpose: Prevents the election of a President or Vice-President from being challenged based on vacancies in the electoral college.
- Scope: Applies specifically to the election of the President and the Vice-President.
- Ground of Challenge Excluded: The existence of vacancies among the members of the electoral college is not a valid ground to question the election.
- Reason for Vacancy Irrelevant: The clause covers vacancies “for whatever reason,” meaning the cause of the vacancy (e.g., death, resignation, disqualification, non-election) does not matter; the existence of the vacancy itself cannot be the basis for challenge.
- Effect: Ensures that the election process for President and Vice-President can be completed without being stalled or invalidated due to unfilled seats in Parliament or State Assemblies.
- Constitutional Safeguard: Acts as a crucial constitutional safeguard for the smooth and timely conduct of these key elections.
- Located within Article 71: Part of the article that deals with disputes relating to presidential and vice-presidential elections, decided exclusively by the Supreme Court.
Additional Comments
- This clause reinforces the stability and continuity of the highest executive offices by preventing trivial or unavoidable circumstances like vacancies from derailing the election process.
- It assumes that the electoral college, even with some vacancies, is still a valid body capable of electing the President or Vice-President.
- The provision does not, however, shield the election from challenges based on other grounds like corruption, undue influence, or non-compliance with constitutional or statutory procedures for conducting the election itself (as long as these grounds are legally permissible under election law and relevant constitutional articles).
- Its presence is essential for avoiding potential political crises that could arise if elections could be easily challenged due to fluctuating membership in legislative bodies.
Summary
Article 71(4) of the Indian Constitution mandates that the election of a person as President or Vice-President cannot be challenged in court solely because there were vacancies within the electoral college at the time of the election. This applies regardless of the reason for the vacancies, ensuring the validity and timely conclusion of these crucial elections despite potential incomplete membership of the legislative bodies forming the electoral college.