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What Is Constitution Of India Article 71?

Answer By law4u team

Constitution Of India Article {1}[71: Matters Relating to, or Connected With, 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. ]

NOTE

1. Subs. by the Constitution (Thirty-ninth Amendment) Act, 1975, s. 2 (w.e.f 10-8-1975) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 10. (w.e.f. 20-6-1979).

Brief Detail

This article entrusts the Supreme Court with the exclusive jurisdiction to adjudicate disputes related to the election of the President or Vice-President. It also protects actions taken by an invalidly elected President or Vice-President from being nullified retrospectively.

Question & Answers

Who resolves disputes related to the election of the President or Vice-President?

The Supreme Court has the authority to resolve all disputes and doubts regarding the election of the President or Vice-President.

What happens if the election is declared void?

If the Supreme Court declares the election void, actions taken by the President or Vice-President before the declaration remain valid and unaffected.

Example

For instance, if a dispute arises claiming that certain procedures in the electoral process were not followed, the Supreme Court will examine and decide the validity of the election. Even if the election is annulled, decisions made by the President or Vice-President in their official capacity until the judgment will remain valid.

Summary

Article 71 safeguards the legitimacy of the election process for the President and Vice-President by empowering the Supreme Court to handle disputes and allowing Parliament to legislate on related matters while ensuring continuity in governance.

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