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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?
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.
PROVENANCE & STUDY PATTERN
Guest previewThis 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.
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?
- 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?
- 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?
- Specifically asserts that when the Supreme Court declares the election of President or ViceâPresident 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 nonâinvalidity rule.
- 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.
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