Article 71 of CoI : Article 71: Matters relating to, or connected with, the election of a President or Vice-President.

Explanation using Example

Example 1:

Scenario: A candidate, Mr. Sharma, is elected as the President of India. However, another candidate, Mr. Verma, alleges that there were irregularities in the voting process and files a petition in the Supreme Court challenging the election.

Application of Article 71:

• Clause (1): The Supreme Court will inquire into the allegations made by Mr. Verma regarding the election of Mr. Sharma. The Court will examine the evidence and decide whether the election was conducted fairly. The decision of the Supreme Court will be final and binding.
• Clause (2): If the Supreme Court finds that Mr. Sharma's election was invalid due to the irregularities, it will declare the election void. However, any decisions or actions taken by Mr. Sharma in his capacity as President before the Court's decision will remain valid and will not be affected by the declaration.
• Clause (3): Parliament has the authority to create laws that regulate the election process of the President. This means that any procedural aspects or disputes not covered by the Constitution can be addressed through legislation.
• Clause (4): The challenge to Mr. Sharma's election cannot be based on the argument that there were vacancies in the electoral college (e.g., some members were absent or positions were unfilled) at the time of the election.

Example 2:

Scenario: Ms. Rao is elected as the Vice-President of India. After her election, it is discovered that she holds an office of profit under the Government of India, which could disqualify her from being elected. A petition is filed in the Supreme Court to challenge her election.

Application of Article 71:

• Clause (1): The Supreme Court will investigate the claim that Ms. Rao was ineligible to be elected as Vice-President due to holding an office of profit. The Court will review the facts and make a final decision on the matter.
• Clause (2): If the Supreme Court declares Ms. Rao's election void, any official acts she performed as Vice-President before the Court's decision will still be considered valid and will not be invalidated by the ruling.
• Clause (3): Parliament has the power to enact laws that address issues related to the election of the Vice-President, including disqualifications and other procedural matters.
• Clause (4): The validity of Ms. Rao's election cannot be questioned on the basis that there were vacancies in the electoral college at the time of her election.