Consider the following statements: ...Read more
Consider the following statements: [2023]
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 placed
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.
Statement 1 is incorrect because, as per Article 71(2) of the Indian Constitution, the actions performed by a person in the capacity of President or Vice-President remain valid even if their election is declared void by the Supreme Court. Article 71(2) explicitly states that such acts shall not be iRead more
Statement 1 is incorrect because, as per Article 71(2) of the Indian Constitution, the actions performed by a person in the capacity of President or Vice-President remain valid even if their election is declared void by the Supreme Court. Article 71(2) explicitly states that such acts shall not be invalidated due to the court’s declaration. It reads: “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.”
Statement 2 is also incorrect. The Constitution of India does not have any provision allowing for the postponement of the Presidential election due to the dissolution of some Legislative Assemblies. The election must be held within the prescribed time, regardless of such dissolutions.
Statement 3 is incorrect because Article 111 of the Constitution, which outlines the process of granting or withholding assent to bills, does not impose a specific time limit for the President to act on a bill. Article 111 states: “When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom.” There is no mention of a time frame within which the President is required to make this decision. The President may, however, return a non-Money Bill for reconsideration by Parliament, but even here, the Constitution does not set a specific deadline for the President’s assent.
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