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?
(a) Only one
(b) Only two
(c) All three
(d) None
Explanation:
Statement 1: Validity of Acts Done by the President of India in a Void Election
- This statement is incorrect.
- According to Article 71(2) of the Constitution of India, if the election of a person as President is declared void by the Supreme Court, acts performed by that person in the exercise of their presidential powers and duties before the court’s decision shall not be invalidated.
- Only the acts performed by the President after the date of the Supreme Court’s decision would become invalid.
Statement 2: Postponement of Elections for the President of India
- This statement is incorrect.
- According to Article 62 of the Constitution of India, the election of the President must adhere to the system of proportional representation by means of the single transferable vote, with voting conducted through secret ballot.
- The Constitution does not allow for the postponement of the election based on the dissolution of Legislative Assemblies or pending elections.
Statement 3: Time Limits for the President’s Assent to a Bill
- This statement is incorrect.
- The Constitution of India does not specify any time limits within which the President must declare their assent to a Bill.
- Article 111 of the Constitution states that when a Bill is presented to the President for assent, they can either assent to the Bill or withhold their assent.
- However, there are no prescribed time limits for the President to provide their assent.
