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.
- Meaning of Article 71
- Election Disputes Decided by the Supreme Court
- Finality of the Supreme Court’s Decision
- Parliament’s Power to Make Laws
- Acts Done Before Election Is Declared Void
- Vacancy in Electoral College Does Not Automatically Invalidate Election
- Why Is Article 71 Important?
- Article 71 and Article 52
- Article 71 and Article 54
- Article 71 and Article 55
- Article 71 and Article 66
- Article 71 and Article 62
- Article 71 and Article 68
- Supreme Court’s Role Under Article 71
- Constitutional Protection of Official Acts
- Article 71 at a Glance
- Article 71 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
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.
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
| Point | Constitutional Position |
|---|---|
| Article | Article 71 |
| Subject | Matters relating to election of President or Vice-President |
| Election disputes decided by | Supreme Court |
| Supreme Court decision | Final |
| Parliament’s role | May regulate election matters by law |
| Effect of later invalid election | Prior official acts remain protected |
| Vacancy in electoral college | Does not by itself invalidate election |
| Applies to | President and Vice-President |
Article 71 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 52 | President of India |
| Article 53 | Executive power of the Union |
| Article 54 | Election of President |
| Article 55 | Manner of election of President |
| Article 56 | Term of office of President |
| Article 57 | Eligibility for re-election |
| Article 58 | Qualifications for election as President |
| Article 59 | Conditions of President’s office |
| Article 60 | Oath or affirmation by President |
| Article 61 | Impeachment of President |
| Article 62 | Election to fill vacancy in President’s office |
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term of Vice-President |
| Article 68 | Election to fill vacancy in Vice-President’s office |
| Article 69 | Oath or affirmation by Vice-President |
| Article 70 | Other contingencies relating to President |
| Article 71 | Election 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.
