Article 71 of the Indian Constitution lays down the procedure for resolving disputes arising from the election of the President and Vice-President of India. It vests the exclusive authority to inquire into and decide upon such matters with the Supreme Court, ensuring a high level of judicial scrutiny and finality in these crucial elections.
This article is fundamental to maintaining the integrity of the electoral process for the nation’s two highest offices. It clearly delineates the judicial body responsible for handling challenges to these elections and sets out certain important principles regarding the consequences of a disputed election.
Original Text
71. Matters relating to the election of a President or Vice-President
(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.
(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 and performance 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.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.
(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 comprises four clauses, each addressing a specific aspect related to the election of the President and Vice-President:
Clause (1): Judicial Authority
This clause unequivocally vests the exclusive jurisdiction to inquire into and decide all doubts and disputes arising from or connected with the election of a President or Vice-President in the Supreme Court of India. No other court, including High Courts, has the power to entertain such disputes. Furthermore, it states that the decision of the Supreme Court in these matters shall be final, meaning it cannot be appealed in any other court.
Clause (2): Validity of Acts Done Before Nullification
This is a crucial provision for ensuring continuity and stability in the functioning of the state. It stipulates that if the Supreme Court declares the election of a person as President or Vice-President void, any acts performed by that person in their official capacity before the date of the Supreme Court’s decision will not be invalidated solely because their election was later declared void. This protects the validity of decisions, laws, and other official actions taken during the period the person held office.
Clause (3): Parliament’s Power to Regulate
This clause empowers the Parliament to enact laws regulating any matter relating to or connected with the election of a President or Vice-President. This power is subject to the provisions of the Constitution itself. This allows Parliament to make detailed rules regarding the conduct of the election, petition procedures, expenses, etc., complementing the constitutional framework.
Clause (4): Effect of Vacancies in Electoral College
This clause prevents the election of a President or Vice-President from being challenged simply because there were vacancies in the electoral college at the time of the election. 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, it consists of members of both Houses of Parliament. This clause ensures that the absence of some electors due to death, resignation, or other reasons does not invalidate the election results.
Detailed Notes
- Article 71 deals with election disputes concerning the President and Vice-President.
- All doubts and disputes arising out of or connected with the election of a President or Vice-President shall be inquired into and decided exclusively by the Supreme Court.
- The decision of the Supreme Court regarding such election disputes is final.
- If the Supreme Court declares the election of a President or Vice-President void, the official acts performed by that person before the date of the SC’s decision are not invalidated due to that declaration.
- Parliament has the power to regulate by law any matter relating to or connected with the election of a President or Vice-President, subject to the Constitution.
- The election of a President or Vice-President cannot be challenged solely on the ground that there were vacancies in the electoral college electing them.
Additional Comments
- The exclusive jurisdiction of the Supreme Court under Article 71 is a significant feature, highlighting the importance attached to the elections for the highest offices and ensuring their disputes are handled by the apex court.
- This article provides clarity on the legal consequences of an election being declared void, preventing administrative paralysis by validating past actions of the person who held office.
- Parliament’s power under clause (3) allows for flexibility in detailing the election process through legislation, such as the Presidential and Vice-Presidential Elections Act, 1952.
- Clause (4) prevents potential disruptions to the election process caused by vacancies in the electoral college, ensuring that elections can proceed even if all seats are not filled.
- Article 71 is distinct from the provisions for challenging the elections of Members of Parliament or State Legislatures (Article 329), which are typically handled by the High Courts through election petitions.
Summary
Article 71 of the Indian Constitution mandates that all disputes and doubts concerning the election of the President and Vice-President are to be exclusively inquired into and decided by the Supreme Court, whose decision is final. It provides that official acts done by a President or Vice-President whose election is later declared void by the Supreme Court remain valid up to the date of the decision. The article also empowers Parliament to legislate on matters related to these elections and stipulates that the election cannot be questioned solely due to vacancies in the electoral college.