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Q39 (UPPCS/2023) Polity & Governance › Union Executive

With reference of the election of the Vice - President of India, which is declared void by the Supreme Court of India, which of the following statement/s is/are correct?
(1) The acts done by him as Vice - President before such declaration are considered valid.
(2) The acts done by him as Vice - President on the day of such declaration are not considered valid.
Select the correct answer from the code given below -
Code -

Result
Your answer: —  Â·  Correct: B

Explanation

According to Article 71(2) of the Constitution of India, 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 on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.

  • Statement 1 is correct: Acts performed by the Vice-President prior to the court's declaration remain valid to maintain legal and administrative continuity.
  • Statement 2 is incorrect: The phrase "on or before the date of the decision" explicitly includes the day the judgment is delivered. Therefore, acts done on the day of the declaration are also considered valid.

Under Article 71(1), the Supreme Court has the exclusive jurisdiction to inquire into and decide all doubts and disputes regarding the election of the President or Vice-President.

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