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Q36 (IAS/2023) Polity & Governance › Union Executive › Presidential election process Official Key

Consider the following statements : 1. 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. 2. 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. 3. 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?

Result
Your answer:  ·  Correct: D
Explanation

The correct answer is Option 4 (None) because all three statements are constitutionally incorrect.

  • Statement 1 is incorrect: According to Article 71(2) of the Constitution, if the election of the President is declared void by the Supreme Court, acts done by him/her in the exercise of their powers and duties before the date of the decision are not invalidated. They remain in force.
  • Statement 2 is incorrect: The election of the President cannot be challenged or postponed on the ground of any vacancy among the members of the electoral college. Per Article 62, the election must be completed before the expiration of the term, regardless of dissolved Legislative Assemblies.
  • Statement 3 is incorrect: Article 111 states that the President shall declare assent or withhold it "as soon as possible" after a Bill is presented. The Constitution prescribes no specific time limit, leading to the concept of "Pocket Veto."

Since none of the statements are factually or legally accurate, Option 4 is the right choice.

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. If the election of the President of India is declared void by the Supreme Court of India, all act…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10

This is a classic 'Laxmikanth Sitter' that rewards depth over breadth. It targets the specific 'edge cases' of the Presidency (void elections, dissolved assemblies, veto timelines) rather than general powers. If you read the 'Notes & References' or the fine print in standard chapters, this is free marks.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Under the Constitution of India, if the Supreme Court declares the election of the President of India void, do all acts done by that person in the performance of presidential duties before the decision become invalid?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > THE UNION EXECUTIVE > p. 209
Presence: 5/5
“Determination of doubts and disputes relating to the election of a President or Vice-President is dealt with in Article 71, as follows~ (a) Such disputes shall be decided by the Supreme Court whose jurisdiction shall be exclusive and final. (b) No such dispute can be raised on the ground of any vacancy in the . electoral college which elected the President or Vice-President. (c) If the election of a President or Vice-President is declared void by the Supreme Court, acts done by him prior to the date of such decision of the Supreme Court shall not be invalidated. (d) Barring the decision of such disputes. other matters relating to the election of President or Vice-President may be regulated by law made by Parliament.”
Why this source?
  • Specifically asserts that when the Supreme Court declares the election of President or Vice‑President void, acts done by him prior to the date of the decision shall not be invalidated.
  • Links the resolution of presidential election disputes to the Supreme Court's exclusive and final jurisdiction, providing the legal context for that non‑invalidity rule.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
Presence: 4/5
“The exceptions allowed by the Indian Constitution are- (I) The President or the Governor of a state shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. (2) No criminal proceeding whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office. (3) No civil proceeding in which relief is Claimed against the President or the Governor of a state shall be instituted during his term of office in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President or Governor of such state, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be, or left at his office statin”
Why this source?
  • Provides that the President is not answerable to any court for the exercise and performance of powers and duties of office, supporting continuity and validity of official acts during tenure.
  • Notes restrictions on instituting civil or criminal proceedings against the President during term, reinforcing the protective legal status of acts done while in office.
Statement 2
Under Indian law or the Constitution of India, can the election for the President of India be postponed on the ground that some State Legislative Assemblies have been dissolved and their elections are yet to take place?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > ELECTION OF THE PRESIDENT > p. 186
Presence: 5/5
“The 104th Constitutional Amendment Act of 2019 has not extended further the nomination of Anglo-Indian members to the Lok Sabha and State Legislative Assemblies. In other words, the amendment discontinued the provision of special representation of the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies by nomination. Consequently, this provision ceased to have effect on the 25th January 2020. Further, where a n assembly is dissolved, the members cease to be qualified to vote in the presidential elect ion , even if fresh elections to th e dissolved assembly are not held before the preSidentia l election. The Constitution provides that there shall be uniformity in the scale of representation of different states as well as parity between the states as a whole and the Union at the election of the President.”
Why this source?
  • Explicitly states that when a State Assembly is dissolved, its members cease to be qualified to vote in the presidential election.
  • Adds that this disqualification applies even if fresh elections to the dissolved assembly are not held before the presidential election.
  • Implies the presidential election can proceed without postponement for missing state assembly elections.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 1. The President and the Vice-Prelideat > p. 205
Presence: 4/5
“At the head of the Union Executiye stands the President of India. Election of President. transferable vote. The President of India is elected I by indirect election, that is, by an electoral college, in accordance with the system of proportional representation by means of the single The electoratcollegeS shall consist of- (a) The elected members of both Houses of Parliament; (b) The elected members of the Legislative Assemblies of the States; and the elected members of the Legislative Assemblies of Union Territories of Delhi, Puducherry and Jammu Be Kashmir [Article 54).”
Why this source?
  • Identifies the electoral college composition for the President as elected members of State Legislative Assemblies and elected members of Parliament.
  • Shows which categories of representatives matter for the presidential vote, so absence of assembly members due to dissolution affects the electorate composition rather than mandating postponement.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ELECTION OF THE PRESIDENT > p. 186
Presence: 5/5
“The 104th Constitution Amendment Act of 2019 has not extended further the nomination of Anglo·lndian members to the Lok Sabha and State Legislative Assemblies. In other words, the amendment discontinued the provision of special representation of the Anglo·lndian community in the Lok Sabha and State Legislative Assemblies by nomination. Consequently, this provision ceased to have effect on the 25th January 2020. Further, where a n assembly is dissolved, the members cease to be qualified to vote in the presidential elect ion , even if fresh elections to th e dissolved assembly are not held before the preSidentia l election. The Constitution provides that there shall be uniformity in the scale of representation of different states as well as parity between the states as a whole and the Union at the election of the President.”
Why this source?
  • Restates that members of a dissolved assembly cease to be qualified to vote in the presidential election even if fresh elections are not held beforehand.
  • Reinforces the point that dissolution of some assemblies does not automatically require postponing the presidential election.
Statement 3
Does the Constitution of India prescribe specific time limits within which the President of India must declare assent to a Bill presented to him/her?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > g) Assent to legislation and Veto. > p. 217
Presence: 5/5
“The effect of a return by the Indian President its thus merely "suspensive" (iii) Another point to be noted is that the Constitution does not prescribe any time-limit within which the President is to declare his assent or refusal, or to return the Bill. Article III simply says that if the President wants to return the Bill, he shall do it "as soon as possible" after the Bill is presented to him. By reason of this absence of a time-limit, it seems that the Indian President would be able to exercise something like a "pocket veto", by simply keeping the Bill on”
Why this source?
  • Explicitly states the Constitution does not prescribe any time-limit for the President to declare assent or refusal.
  • Notes that Article only requires returning a Bill 'as soon as possible' and that absence of a time-limit permits a 'pocket veto'.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 289
Presence: 5/5
“But in the case of a Bill other than a Money Bill, the President may, instead of declaring his assent 01 refusing it, direct the Governor to return the Bill to the Legislature for reconsideration. In the latter case, the Legislature must reconsider the Bill within six months and if it is passed again, the Bill shall be presented to the President again. It is clear that a Bill which is reserved for the consideration of the President shall have no legal effect until the President declares his assent to it. But no time limit is imposed by the Constitution upon the President to declare whether he assents or withholds his assent.”
Why this source?
  • Clearly says no time limit is imposed by the Constitution on the President to declare assent or withhold assent.
  • Contrasts the President's discretion with the statutory requirement on the legislature to reconsider within six months when a Bill is returned.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 4: EXECUTIVE > Discretionary Powers of the President > p. 87
Presence: 5/5
“bill. This 'veto' power is limited because, if the Parliament passes the same bill again and sends it back to the President, then, the President has to give assent to that bill. However, there is no mention in the Constitution about the time limit within which the President must send the bill back for reconsideration. This means that the President can just keep the bill pending with him without any time limit. This gives the President an informal power to use the veto in a very effective manner. This is sometimes referred to as 'pocket veto'. Then, the third kind of discretion arises more out of political circumstances.”
Why this source?
  • States there is no mention in the Constitution of a time limit for sending a Bill back for reconsideration, enabling the President to keep a Bill pending.
  • Uses this absence to explain the practical effect called 'pocket veto'.
Pattern takeaway: UPSC loves 'Constitutional Silences' and 'Judicial Clarifications'. Statement 2 comes from a 1974 SC opinion (clarifying the Constitution), and Statement 3 comes from a textual silence (no time limit). Study the grey areas where the text is vague.
How you should have studied
  1. [THE VERDICT]: Sitter. Directly solvable from M. Laxmikanth (Chapter: President) or D.D. Basu. No current affairs required.
  2. [THE CONCEPTUAL TRIGGER]: The Union Executive > 'Crisis Clauses' (What happens when things go wrong? e.g., Disputes, Dissolution, Delays).
  3. [THE HORIZONTAL EXPANSION]: Memorize Article 71 (Election Disputes: SC decision final, acts NOT invalidated, vacancy NOT a ground); Article 62 (Election must be before term expiry); Article 111 vs Article 200 (President's assent vs Governor's assent); and the 1974 Supreme Court Reference case (Dissolved assembly is no bar).
  4. [THE STRATEGIC METACOGNITION]: Don't just read the 'Powers'; read the 'Limitations' and 'Procedural Gaps'. The Constitution is famous for what it *doesn't* say (e.g., no time limit in Art 111). Always ask: 'Does this silence create a power (Pocket Veto) or a problem?'
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Supreme Court's exclusive jurisdiction over President/Vice‑President election disputes (Article 71)
💡 The insight

The Constitution vests exclusive and final authority to decide disputes about Presidential and Vice‑Presidential elections in the Supreme Court.

High‑yield for constitutional law questions on election disputes and remedies; connects to judicial review and separation of powers. Mastering this enables answers on which forums decide different election contests and on post‑election legal consequences.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > THE UNION EXECUTIVE > p. 209
🔗 Anchor: "Under the Constitution of India, if the Supreme Court declares the election of t..."
📌 Adjacent topic to master
S1
👉 Validity of official acts performed before a voiding decision
💡 The insight

A judicial declaration voiding a President's election does not invalidate acts performed by that person prior to the decision.

Crucial for questions about legal continuity and state actions — shows how courts avoid disrupting governance despite later findings on legitimacy. Useful in scenarios on retrospective invalidation and administrative stability.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > THE UNION EXECUTIVE > p. 209
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
🔗 Anchor: "Under the Constitution of India, if the Supreme Court declares the election of t..."
📌 Adjacent topic to master
S1
👉 Presidential immunity from judicial proceedings during tenure
💡 The insight

The President cannot be made answerable to courts for exercise of official powers and duties during the term of office.

Important for topics on constitutional immunities (prevents immediate legal challenges to official acts), links to Articles governing executive privileges and procedural bars on suits. Helps answer questions on limits of judicial remedies against incumbents.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
🔗 Anchor: "Under the Constitution of India, if the Supreme Court declares the election of t..."
📌 Adjacent topic to master
S2
👉 Electoral college composition for Presidential election (Article 54)
💡 The insight

The President is elected by an electoral college consisting of elected members of Parliament and elected members of State Legislative Assemblies; this determines who may vote.

High-yield for questions on presidential election procedure and constitutional provisions; connects to Articles defining roles of Union and State legislatures and ties into centre-state electoral dynamics. Mastery enables answering questions about voter eligibility and consequences of vacancies/dissolution.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 1. The President and the Vice-Prelideat > p. 205
🔗 Anchor: "Under Indian law or the Constitution of India, can the election for the Presiden..."
📌 Adjacent topic to master
S2
👉 Effect of Assembly dissolution on members' qualification to vote
💡 The insight

Dissolution of a State Assembly causes its members to cease being qualified to vote in the presidential election, even if fresh assembly elections are pending.

Crucial for resolving procedural questions about timing of presidential elections versus state assembly elections; helps distinguish between altering electorate composition and postponing national elections. Useful for case-based questions on electoral timing and constitutional interpretation.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > ELECTION OF THE PRESIDENT > p. 186
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > ELECTION OF THE PRESIDENT > p. 186
🔗 Anchor: "Under Indian law or the Constitution of India, can the election for the Presiden..."
📌 Adjacent topic to master
S2
👉 Uniformity and parity in representation at Presidential election
💡 The insight

Constitutional concern for uniform representation and parity between states and the Union shapes rules for the presidential electoral process.

Important for conceptual questions on federal balance in constitutional design and how representation rules affect election mechanics; connects to centre-state relations and representation-weight calculations in competitive questions.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > ELECTION OF THE PRESIDENT > p. 186
🔗 Anchor: "Under Indian law or the Constitution of India, can the election for the Presiden..."
📌 Adjacent topic to master
S3
👉 Pocket veto (no prescribed presidential time-limit)
💡 The insight

The absence of any constitutional time-limit allows the President to withhold action on a Bill indefinitely, creating the pocket veto.

High-yield for UPSC because it explains an informal executive power that affects legislative outcomes and executive-legislative relations; it connects to comparative study (difference with US 10-day rule) and helps answer questions on types of vetoes and presidential discretion.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > g) Assent to legislation and Veto. > p. 217
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > Pocket Veto > p. 196
🔗 Anchor: "Does the Constitution of India prescribe specific time limits within which the P..."
🌑 The Hidden Trap

Since they asked about the President's time limit (Art 111), the next logical question is on the Governor's time limit (Art 200). Recent SC judgments (2023) clarified that Governors cannot sit on bills indefinitely, but the Constitution itself still sets no specific 'number of days'.

⚡ Elimination Cheat Code

Apply the 'Doctrine of Administrative Chaos'. Look at Statement 1: If all acts of a President were retroactively invalidated, every law signed and official appointed during their tenure would become illegal, collapsing the government. The Constitution never allows vacuum or chaos. Therefore, Statement 1 must be False.

🔗 Mains Connection

Connect Statement 3 (No time limit/Pocket Veto) to GS-2 Federalism. The 'silence' on time limits is currently weaponized by Governors against State Governments, leading to a breakdown in Centre-State relations. This is a perfect intro for a Mains answer on 'Gubernatorial Discretion'.

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SIMILAR QUESTIONS

CAPF · 2008 · Q40 Relevance score: 3.95

Consider the following statements : 1. When Vice-President acts as President of India, he ceases to perform the function of the Chairman of Rajya Sabha. 2. The President of India can promulgate Ordinances at any time except when both Houses of Parliament are in session. Which of the statements given above is/are correct ?

IAS · 2025 · Q54 Relevance score: 3.35

Consider the following statements : I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. Which of the statements given above is/are correct?

CDS-I · 2016 · Q61 Relevance score: 3.35

Consider the following statements : 1. The President of India shall have the §ower to appoint and remove the peaker of Lok Sabha 2. The Speaker has to discharge the functions of his office himself throughout his term and cannot delegate his functions to the Deputy Speaker during his absence from the station or during his illness Which of the statements given above is / are correct ?

IAS · 2010 · Q9 Relevance score: 3.31

Consider the following statements : The Supreme Court of India tenders advice to the President of India on matters of law or fact 1. on its own initiative (on any matter of larger public interest). 2. if he seeks such an advice. 3. only if the matters relate to the Fundamental Rights of the citizens. Which of the statements given above is/are correct ?

IAS · 2018 · Q39 Relevance score: 3.27

Consider the following statements : 1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly. 2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately. Which of the statements given above is/are correct ?