Article 71 – Matters Relating to Election of President or Vice-President

12 Min Read

Article 71 of the Constitution of India deals with matters relating to the election of the President and Vice-President. It provides the constitutional framework for resolving disputes and questions concerning the election of these two constitutional offices.

The Article also establishes the role of the Supreme Court of India in deciding such election disputes and clarifies that an election cannot be challenged merely because there was a vacancy in the electoral college.

Meaning of Article 71

Article 71 provides rules concerning:

  • Disputes relating to the election of the President or Vice-President.
  • The authority competent to decide such disputes.
  • The finality of the Supreme Court’s decision.
  • The effect of acts performed by a person whose election is subsequently declared void.
  • Parliament’s power to regulate election-related matters by law.
  • The fact that an electoral college vacancy does not by itself invalidate an election.

Election Disputes Decided by the Supreme Court

Under Article 71(1), all doubts and disputes arising out of or in connection with the election of the President or Vice-President are inquired into and decided by the Supreme Court.

Therefore, the Supreme Court has exclusive constitutional jurisdiction over disputes concerning these elections.

This is different from ordinary election disputes, which are generally governed by the Representation of the People Act and are initially dealt with through the appropriate statutory mechanism.

Finality of the Supreme Court’s Decision

The decision of the Supreme Court under Article 71 is final.

This ensures that there is a conclusive determination of disputes relating to the election of the President or Vice-President.

There is no further constitutional election forum above the Supreme Court for deciding such disputes.

Parliament’s Power to Make Laws

Article 71(3) gives Parliament the power to make provisions by law relating to:

  • Election of the President.
  • Election of the Vice-President.
  • Matters connected with those elections.

Parliament has exercised this legislative power through laws governing presidential and vice-presidential elections.

Acts Done Before Election Is Declared Void

Article 71 also protects the continuity and validity of official acts performed by a person who has been exercising the office of President or Vice-President.

If the Supreme Court subsequently declares the election of the President or Vice-President to be void, acts performed by that person before the date of the Supreme Court’s decision are not invalid merely because the election was later declared void.

This is an important constitutional safeguard.

Example

Suppose a person is elected President and performs constitutional functions for several months.

Later, the Supreme Court declares the election invalid.

The official acts performed by that person before the Supreme Court’s decision do not automatically become invalid merely because the election was subsequently declared void.

This prevents administrative and constitutional chaos.

Vacancy in Electoral College Does Not Automatically Invalidate Election

Article 71(4) provides that the election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing such person.

This means that a vacancy in the electoral college does not, by itself, invalidate the election.

Example

Suppose a seat that forms part of the electoral college is vacant because of resignation, death or another reason.

The existence of that vacancy alone cannot be used to challenge the election of the President or Vice-President.

The purpose is to ensure that an election is not unnecessarily disrupted because the electoral college is temporarily incomplete.

Constitutional Law Notes

Why Is Article 71 Important?

Article 71 serves several important constitutional purposes.

1. Ensures an Authoritative Election Dispute Mechanism

It gives the Supreme Court the power to decide disputes concerning the election of the highest constitutional offices.

2. Ensures Finality

The Supreme Court’s decision is final.

3. Protects Constitutional Continuity

Official acts performed before an election is declared void remain protected.

4. Prevents Challenges Based Solely on Vacancies

A vacancy in the electoral college does not automatically invalidate the election.

5. Allows Parliamentary Regulation

Parliament can establish detailed statutory rules governing these elections.

Article 71 and Article 52

Article 52 establishes that:

There shall be a President of India.

Article 71 provides a mechanism for resolving disputes concerning the election to that office.

Article 71 and Article 54

Article 54 deals with the election of the President.

Article 71 deals with disputes relating to that election.

Thus:

Article 54 → Who elects the President

Article 71 → Who decides disputes concerning the election

Article 71 and Article 55

Article 55 establishes the manner of election of the President.

Article 71 provides the mechanism for resolving disputes arising out of or connected with that election.

Article 71 and Article 66

Article 66 deals with the election of the Vice-President.

Article 71 provides the dispute-resolution mechanism for the Vice-Presidential election.

Article 71 and Article 62

Article 62 deals with the timing of elections to fill vacancies in the office of President.

Article 71 deals with election disputes concerning the President or Vice-President.

Article 71 and Article 68

Article 68 deals with elections to fill vacancies in the office of Vice-President.

Article 71 provides the constitutional framework for disputes relating to the election of the President or Vice-President.

Supreme Court’s Role Under Article 71

The Supreme Court’s role under Article 71 is specifically connected to election disputes.

It does not mean that every issue concerning the President or Vice-President automatically comes under Article 71.

The dispute must arise out of or be connected with the election of the President or Vice-President.

Constitutional Protection of Official Acts

The protection given by Article 71 is significant because a later declaration that an election was invalid should not automatically undo every governmental act performed by the office-holder before the declaration.

Without such a provision, uncertainty could arise concerning numerous constitutional and administrative decisions taken during the period in which the person was exercising the office.

Article 71 therefore protects institutional continuity and legal certainty.

Article 71 at a Glance

PointConstitutional Position
ArticleArticle 71
SubjectMatters relating to election of President or Vice-President
Election disputes decided bySupreme Court
Supreme Court decisionFinal
Parliament’s roleMay regulate election matters by law
Effect of later invalid electionPrior official acts remain protected
Vacancy in electoral collegeDoes not by itself invalidate election
Applies toPresident and Vice-President

Article 71 and Related Constitutional Provisions

ArticleSubject
Article 52President of India
Article 53Executive power of the Union
Article 54Election of President
Article 55Manner of election of President
Article 56Term of office of President
Article 57Eligibility for re-election
Article 58Qualifications for election as President
Article 59Conditions of President’s office
Article 60Oath or affirmation by President
Article 61Impeachment of President
Article 62Election to fill vacancy in President’s office
Article 63Vice-President of India
Article 64Vice-President as Chairman of Rajya Sabha
Article 65Vice-President acting as President
Article 66Election of Vice-President
Article 67Term of Vice-President
Article 68Election to fill vacancy in Vice-President’s office
Article 69Oath or affirmation by Vice-President
Article 70Other contingencies relating to President
Article 71Election disputes

Common Confusions

Who Decides Disputes Regarding Presidential Elections?

The Supreme Court of India.

Who Decides Disputes Regarding Vice-Presidential Elections?

The Supreme Court of India.

Is the Supreme Court’s Decision Final?

Yes.

Article 71 expressly provides that the Supreme Court’s decision is final.

Does a Vacancy in the Electoral College Invalidate the Election?

No.

An election cannot be challenged merely because a vacancy exists among members of the electoral college.

What Happens to Official Acts if an Election Is Later Declared Void?

Acts performed before the date of the Supreme Court’s decision are not invalid merely because the election is subsequently declared void.

Can Parliament Make Laws Regarding These Elections?

Yes.

Article 71(3) expressly empowers Parliament to make provisions by law relating to the election of the President and Vice-President and matters connected with those elections.

Does Article 71 Conduct the Election?

No.

The election itself is governed by other constitutional provisions, particularly Articles 54–55 for the President and Article 66 for the Vice-President.

Article 71 primarily deals with disputes and related matters.

Quick Revision

  • Article 71 → Matters relating to election of President or Vice-President.
  • Election disputes are decided by the Supreme Court.
  • The Supreme Court’s decision is final.
  • Parliament may make laws regulating presidential and vice-presidential elections.
  • Official acts performed before an election is declared void are protected from becoming invalid merely because of the later declaration.
  • A vacancy in the electoral college does not by itself invalidate the election.
  • Article 54 → Election of President.
  • Article 55 → Manner of Presidential election.
  • Article 66 → Election of Vice-President.
  • Article 71 → Election disputes concerning both offices.

Conclusion

Article 71 provides an important constitutional mechanism for dealing with disputes arising out of or connected with the election of the President and Vice-President. It places the authority to decide such disputes with the Supreme Court and makes its decision final.

The Article also protects official acts performed before an election is declared void and prevents a presidential or vice-presidential election from being challenged merely because a vacancy existed in the electoral college.

The key point to remember is:

Article 71 → The Supreme Court decides all doubts and disputes relating to the election of the President or Vice-President, its decision is final, and an electoral college vacancy alone cannot invalidate the election.

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