Consider the following statements:If the election of the President of India is declared void by the

Question

Consider the following statements:If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.How many of the above statements are correct?

Accepted Answer

As per Article 71 (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. Hence, statement 1 is not correct.As per Article 71 (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. Thus, postponement is not an option. Hence, statement 2 is not correct.As regards the Indian President, the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent. Hence, statement 3 is not correct.Source: Laxmikanth