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 ✓ UPSC's answer
Why the answer is (d)
• Statement 1 is wrong: Article 71(2) provides that if the President's election is declared void, acts done in the exercise of the office before the decision are not invalidated.
• Statement 2 is wrong: Article 71(4) says the election cannot be challenged, and the Supreme Court has held (1974 Presidential Reference) that the election must be held on time even if some Assemblies are dissolved and their members cannot vote.
• Statement 3 is wrong: Article 111 sets no time limit for the President to assent to a Bill, which allows a 'pocket veto'; the Supreme Court's 2025 judgment on the Tamil Nadu Governor case read in reasonable timelines, but the Constitution itself prescribes none.
• Hence none of the statements is correct, option (d).
Why the other options are wrong
- (a) Only one
- None of the statements is correct.
- (b) Only two
- All three statements are wrong.
- (c) All three
- Each statement contradicts Articles 71 and 111.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2023, held on 28 May 2023. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.