Actual Article
Article 71: Matters relating to, or connected with, the election of a President or Vice-President
- 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.
- 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 such declaration shall not be invalidated by reason of that declaration.
- 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.
- 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.
UPSC Notes for Article 71
Explanation:
- Judicial Authority: The Supreme Court has the exclusive authority to resolve disputes related to the election of the President and Vice-President.
- Final Decision: The Supreme Court’s decision in such matters is final and binding.
- Acts Validated: Even if an election is declared void, actions taken by the President or Vice-President before the declaration remain valid.
- Parliamentary Regulation: Parliament can legislate on matters related to the election of these high offices.
- Electoral College Vacancies: The existence of vacancies in the electoral college does not invalidate the election.
Key Points:
- Judicial Oversight: Ensures that any disputes related to the election process are handled by the highest judicial authority, maintaining the integrity of the electoral process.
- Legal Continuity: Validates the actions of the President or Vice-President even if their election is later found to be invalid, ensuring continuity in governance.
- Legislative Flexibility: Allows Parliament to regulate and address specific issues related to the election process, providing a legislative mechanism to handle evolving needs.
- Stability in Elections: Prevents the disruption of the electoral process due to vacancies, ensuring stability and continuity.
Important Cases and Commissions Related to Article 71
Cases:
- Indira Gandhi vs. Raj Narain (1975): Although primarily about the Prime Minister, this case highlighted the Supreme Court’s role in adjudicating election disputes, setting a precedent for Article 71’s application.
- Mohinder Singh Gill vs. Chief Election Commissioner (1978): Reinforced the Supreme Court’s authority in election disputes and the sanctity of the electoral process.
Commissions:
- Election Commission of India: Regularly oversees the election process for the President and Vice-President, ensuring adherence to constitutional and legal provisions.
- National Commission to Review the Working of the Constitution (2000): Examined the provisions related to the election of the President and Vice-President, recommending measures to strengthen the electoral process.
Important Reports Related to Article 71
- Election Commission Reports: Detail the procedural aspects and challenges of conducting presidential and vice-presidential elections, ensuring transparency and adherence to constitutional norms.
- Parliamentary Committee Reports: Analyze the legislative framework governing the election of the President and Vice-President, suggesting improvements and reforms.
Previous Year Prelims Questions Related to Article 71
- (UPSC Prelims 2014) Who decides the disputes regarding the election of the President of India?
- A. The Parliament
- B. The Supreme Court
- C. The Election Commission
- D. The Rajya Sabha Correct Answer: B. The Supreme Court
- (UPSC Prelims 2018) If the election of the President is declared void by the Supreme Court, the acts done by him in the exercise of his powers and duties:
- A. Are invalidated
- B. Remain valid
- C. Need approval from Parliament
- D. Require re-election Correct Answer: B. Remain valid
Previous Year Mains Questions Related to Article 71
- Mains 2016: “Discuss the role of the Supreme Court in resolving election disputes related to the President and Vice-President of India. How does Article 71 ensure the sanctity of the electoral process?”
- Mains 2020: “Analyze the significance of Article 71 in maintaining the integrity of presidential and vice-presidential elections. How does it empower Parliament and the Supreme Court in addressing election-related matters?”
Additional Insights:
- Judicial Assurance: Article 71 provides a robust mechanism for addressing election disputes, ensuring that the highest judicial authority oversees the resolution process, which adds a layer of assurance regarding the fairness and transparency of the elections.
- Legislative Empowerment: The provision for Parliament to regulate election-related matters allows for flexibility and adaptability, enabling the legislative body to respond to new challenges and requirements in the electoral process.
- Electoral Stability: By affirming that vacancies in the electoral college do not invalidate an election, Article 71 helps maintain stability and confidence in the electoral system, ensuring that elections are not easily disrupted.
Understanding Article 71 is crucial for UPSC aspirants as it highlights the mechanisms for maintaining the integrity and stability of the election process for the highest offices in India. This knowledge is essential for both preliminary and main examinations, offering insights into the judicial and legislative roles in safeguarding the electoral process.