Discharge of President's functions in other contingencies
Article 70 — Discharge of President's functions in other contingencies
Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter. 71. Matters relating to, or connected with, the election of a President or Vice-President.—(1) 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. (2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. (3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President. (4) 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.]
Plain English Summary
This article allows Parliament to create rules for when the President's duties need to be performed in situations not specifically mentioned elsewhere in the Constitution. It also establishes that the Supreme Court is the final authority on any disputes related to the election of the President or Vice-President.
Key Points
- Parliament has the power to make laws to cover unforeseen circumstances regarding the President's functions.
- The Supreme Court has the final say in settling all doubts and disputes about the election of the President or Vice-President.
- Actions taken by a President before a Supreme Court decision on an election are not automatically cancelled by that decision.
- An election cannot be challenged simply because there was an empty seat in the electoral college.
Why It Matters
This ensures that the office of the President and Vice-President remains functional even in unexpected situations, while providing a clear judicial mechanism to resolve any election disputes definitively.
Landmark Judgements
No major landmark judgements.