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?
Statement 2 is incorrect. Article 62 of the Constitution mandates that an election to fill a vacancy in the office of President shall be held before the expiration of the term of office of the outgoing President. The election cannot be postponed on the ground that some Legislative Assemblies have been dissolved. The electoral college remains valid even if some state assemblies are dissolved; the election is based on the elected members existing at that time.
Statement 3 is incorrect. Article 111 of the Constitution, which deals with the President’s assent to Bills, does not prescribe any time limit within which the President must declare his/her assent or return the Bill (in case of ordinary Bills). The President can neither assent nor reject nor return the bill for an indefinite period, which is known as the ‘pocket veto’. This differs from the US President, who has a limited time frame.
– Presidential election cannot be postponed due to dissolution of State Legislative Assemblies.
– The Constitution does not prescribe a time limit for the President to give assent to an ordinary Bill.