With reference of the election of the Vice- President of India, that 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 -

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  1. Both 1 and 2
  2. Only 1
  3. Only 2
  4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 2 : Only 1
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The correct answer is Only 1

Key PointsArticle 71 of the Indian Constitution:

  • Article 71. Matters relating to, or connected with, the election of a president or Vice President
  • (1) All doubts and disputes arising out of or in connection with the election of a president or vice President shall be inquired into and decided by the Supreme court whose decision shall be final
  • (2) 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 of President or Vice President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. Hence statement 1 is correct and statement 2 is incorrect
  • (3) Subject to the provisions of this constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice President
  • (4) 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 him
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