Question
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?
Correct Answer — D
Explanation
The correct option is D (None).
- Statement 1 is incorrect: Under Article 71(2) of the Constitution, if the election of a person as President is declared void by the Supreme Court, acts done by him/her in the exercise and performance of the powers and duties of the office on or before the date of the decision are not invalidated.
- Statement 2 is incorrect: Under Article 71(4), the election of a person as President or Vice-President cannot be called in question (or postponed) on the ground of the existence of any vacancy among the members of the electoral college. In In re Presidential Election, 1974, the Supreme Court confirmed that dissolution of a State Legislative Assembly is no ground for postponing the election.
- Statement 3 is incorrect: Under Article 111, when a Bill is presented to the President, the Constitution mentions that he shall declare either his assent or that he withholds assent, or return the Bill “as soon as possible”. It prescribes no specific time limit within which the President must declare assent (giving rise to the “pocket veto”).