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Electoral disputes arising out of Presidential and Vice-Presidential Elections are settled by :
Explanation
According to Article 71 of the Constitution of India, the Supreme Court of India holds exclusive and original jurisdiction over all doubts and disputes arising out of or in connection with the election of the President and the Vice-President [1]. While the Parliament has the authority to regulate these elections through legislation, such as the Presidential and Vice-Presidential Elections Act of 1952, the final adjudicating authority remains the Supreme Court [2]. The Court's decision in these matters is final and cannot be challenged in any other forum [4]. Furthermore, an election cannot be questioned on the grounds of any vacancy existing among the members of the electoral college [4]. Although the Election Commission of India supervises the conduct of these elections under Article 324, it does not possess the judicial power to settle disputes related to them [1].
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAPTER 31 > p. 450
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > I I Electoral Powers and Functions > p. 258
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 81: Election Laws > OTHER ACTS RELATING TO ELECTIONS > p. 581