Presidential election disputes
Also called: Article 71 · Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT
Meaning
Under Art. 71, all doubts and disputes about the election of the President or the Vice-President are decided only by the Supreme Court. If the Court declares an election void (cancelled), the acts the person did in office before that remain valid. This protects the government from confusion. The 11th Amendment (1961) added that an election cannot be challenged just because some seats in the electoral college (the group of voters) were vacant.
Example
Suppose some state assemblies are dissolved at the time of a presidential election, so their seats are empty. The election cannot be challenged in the Supreme Court on that ground alone.
Don't confuse with
- Election Commission: it conducts the election, but it does not decide disputes about the President's election. A common trap says such disputes go to the Election Commission. They go to the Supreme Court.
Related concepts
- Election of the President
- Value of votes in presidential election
- Qualifications of the President
- Impeachment of the President
- Immunity of the President and Governors