Discussion
Disputes over the election of the President of India are decided by
Answer: C
Correct answer: The Supreme Court
Under Article 71 all doubts and disputes arising out of the election of the President or Vice President are inquired into and decided by the Supreme Court, whose decision is final. This is part of the Court’s original and exclusive jurisdiction. Two consequences follow. The election cannot be challenged on the ground that the electoral college was incomplete - a vacancy among the members of Parliament or a state assembly is no ground - and if an election is declared void, acts done by the President before that declaration remain valid. The Election Commission conducts the election but does not adjudicate disputes about it. Ordinary election petitions concerning members of Parliament and state legislatures follow a different route: they are tried by the relevant High Court under the Representation of the People Act, with an appeal to the Supreme Court. Indira Gandhi’s election was set aside by the Allahabad High Court in 1975 under that provision.
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