1974 (6) TMI 59 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the election to fill the vacancy caused by the expiration of the term of office of the President must be completed before the expiry of the term, despite the dissolution of the Legislative Assembly of a State.
2. Interpretation of Articles 52, 56, 60, 62, 65, and 71 of the Constitution of India.
3. The impact of the Presidential and Vice-Presidential Elections Act, 1952 on the election process.
4. The role of the electoral college as defined in Articles 54 and 55.
5. The implications of the dissolution of a State Legislative Assembly on the Presidential election.
6. The validity and interpretation of Article 71(4) introduced by the Constitution (Eleventh Amendment) Act, 1961.
7. The advisory jurisdiction of the Supreme Court under Article 143(1) of the Constitution.

Detailed Analysis:

1. Completion of Presidential Election Before Expiry of Term:
The core issue was whether the Presidential election must be completed before the expiration of the term, even if the Legislative Assembly of a State is dissolved. The Court held that the election must be completed before the expiration of the term, as mandated by Article 62(1). This provision is considered mandatory because it reflects the dominant Constitutional purpose and intent to ensure the continuity of the office of the President. The Court emphasized that the fixed term of office mentioned in Article 56(1) and the mandate in Article 62(1) are designed to prevent any governance vacuum.

2. Interpretation of Relevant Constitutional Articles:
- Article 52: Establishes the office of the President of India.
- Article 56(1): Specifies the President's term of five years.
- Article 60: Requires the President to take an oath before assuming office.
- Article 62(1): Mandates the completion of the Presidential election before the expiration of the term.
- Article 65(1): Provides for the Vice-President to act as President in case of a vacancy.
- Article 71(4): States that the election of the President or Vice-President shall not be called into question due to any vacancy in the electoral college.

The Court interpreted these Articles to emphasize the importance of timely elections and the continuity of the Presidential office.

3. Presidential and Vice-Presidential Elections Act, 1952:
The Court examined Section 7 of the 1952 Act, which deals with the countermanding of elections in case of a candidate's death. It was clarified that the provisions of the Act are designed to ensure the completion of the election process before the expiration of the term, despite unforeseen contingencies like the death of a candidate. The Act's provisions were found to be consistent with the Constitutional mandate of timely elections.

4. Role of the Electoral College:
Articles 54 and 55 define the composition and voting process of the electoral college for the Presidential election. The Court noted that the electoral college consists of elected members of both Houses of Parliament and the Legislative Assemblies of States. The dissolution of a State Assembly does not affect the overall composition of the electoral college, as the remaining members can still participate in the election.

5. Impact of Dissolution of State Legislative Assembly:
The Court held that the dissolution of a State Legislative Assembly does not prevent the Presidential election from being held. The electoral college is considered independent of the individual legislative bodies, and the election process must proceed to ensure no interruption in the office of the President. Article 71(4) was cited to support this view, indicating that vacancies in the electoral college do not invalidate the election.

6. Validity and Interpretation of Article 71(4):
Article 71(4), introduced by the Constitution (Eleventh Amendment) Act, 1961, was upheld as valid. It ensures that the election of the President or Vice-President cannot be challenged due to vacancies in the electoral college. This provision was designed to prevent any delays or disputes arising from such vacancies, reinforcing the need for timely elections.

7. Advisory Jurisdiction under Article 143(1):
The Court acknowledged its advisory role under Article 143(1) and accepted the Reference made by the President. It emphasized that the Court is bound by the facts stated in the Reference and cannot investigate their truth or bona fides. The Court's role is to provide legal clarity on the questions posed, which are of Constitutional importance and public interest.

Conclusion:
The Supreme Court concluded that the election to fill the vacancy caused by the expiration of the term of office of the President must be completed before the expiration of the term, regardless of the dissolution of any State Legislative Assembly. The relevant Constitutional provisions and the Presidential and Vice-Presidential Elections Act, 1952, support this mandatory requirement to ensure the continuity of governance. The electoral college's composition and the validity of Article 71(4) were also affirmed, reinforcing the legal framework for Presidential elections.