UPSC Prelims 2023 · Question 16 of 97

UPSC Prelims 2023 question on President Election Declared Void

Consider the following statements:

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 place.

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.

How many of the above statements are correct?

  1. Only one
  2. Only two
  3. All three
  4. None
Show answer

Answer: D. None

Verdict

All three statements are incorrect → Option (d) None.

Statement by statement

Statement 1 – INCORRECT: As per Article 71(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 on or before the date of decision shall not be invalidated by reason of that declaration.

Statement 2 – INCORRECT: As per Article 71(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. Thus postponement is not an option.

Statement 3 – INCORRECT: As regards the Indian President, the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent.

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