Article 71 of the Costitution of India with Case law
Here is the explanation of Article 71 of the Constitution of India along with relevant case law:
🔸 Article 71 – Matters relating to, or connected with, the election of a President or Vice-President
Text of Article 71:
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.
If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him before such declaration in the exercise of the powers of the office shall not be invalidated by reason of such declaration.
Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.
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.
🔹 Key Provisions Explained:
Dispute Jurisdiction: Only the Supreme Court can handle disputes related to the election of the President or Vice-President.
Finality: The Supreme Court's decision is final.
Protection of Acts: If the court invalidates the election, prior official acts remain valid.
Parliament’s Power: Parliament can make laws to regulate the election process.
Vacancies Irrelevant: A vacancy in the electoral college does not invalidate an election.
⚖️ Important Case Laws on Article 71:
1. Indira Nehru Gandhi v. Raj Narain (1975 AIR 1590)
Though this case dealt mainly with the election of a Member of Parliament and not the President, it established key principles regarding election disputes.
It affirmed the exclusive jurisdiction of courts in dealing with election-related matters, similar to what Article 71 provides for Presidential/Vice-Presidential elections.
2. Dr. Zakir Hussain's Election Case (1967)
Relevance: A challenge was made to the validity of the Presidential election.
Held: The Supreme Court dismissed the petition, reinforcing the rule that only substantial violations in the election process would justify nullification.
Connection to Article 71: Supreme Court upheld its exclusive jurisdiction and finality in Presidential election disputes.
3. Charan Lal Sahu v. Giani Zail Singh (1984 SCR Supl. (2) 6)
Facts: Petition challenging the election of President Giani Zail Singh.
Held: The Supreme Court found no grounds to interfere, reaffirming the principle that election-related disputes of the President are judicially reviewable only under Article 71.
📘 Summary:
Article 71 ensures a judicial mechanism (Supreme Court) to resolve election disputes related to the President and Vice-President.
Prior official acts remain valid even if election is later declared void.
Parliament has the authority to make laws regulating the election.
Vacancies in the electoral college do not invalidate the election.
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