Who has the power to decide disputes related to the election of the President and Vice-President of India?
Show Hint
- Election Commission
- Parliament
- Supreme Court of India
- President of India
The Correct Option is C
Solution and Explanation
To solve this, let's understand the role of the Supreme Court regarding election disputes:
1. Step 1: Role of the Supreme Court.
According to the Indian Constitution, the Supreme Court of India is the final authority when it comes to resolving disputes related to the election of the President and Vice-President. These disputes include matters concerning the validity of election results and any legal challenges arising from the election process.
2. Step 2: Election Commission and Parliament.
While the Election Commission is responsible for overseeing the election process, the resolution of election-related disputes is beyond its remit. Parliament also does not have the authority to resolve such disputes.
3. Step 3: Supreme Court's Jurisdiction.
The Supreme Court has the ultimate judicial authority to decide any issues related to the election of the President and Vice-President as per the provisions of the Constitution.
Top Questions on Indian Constitution
I may here trace the history of the shaping of the Preamble because this would show that the Preamble was in conformity with the Constitution as it was finally accepted. Not only was the Constitution framed in the light of the Preamble but the Preamble was ultimately settled in the light of the Constitution. In the earliest draft the Preamble was something formal and read: "We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution." After the plan of June 3, 1947, which led to the decision to partition the country and to set up two independent Dominions of India and Pakistan, on June 8, 1947, a joint sub-committee of the Union Constitution and Provincial Constitution Committees, took note that the objective resolution would require amendment in view of the latest announcement of the British Government. The announcement of June 3 had made it clear that full independence, in the form of Dominion Status, would be conferred on India as from August 15, 1947. After examining the implications of partition the sub-committee thought that the question of making changes in the Objectives Resolution could appropriately be considered only when effect had actually been given to the June 3 Plan. Later on July 12, 1947, the special sub-committee again postponed consideration of the matter. The Union Constitution Committee provisionally accepted the Preamble as drafted by B.N. Rao and reproduced it in its report of July 4, 1947 without any change, with the tacit recognition at that stage that the Preamble would be finally based on the Objectives Resolution. In a statement circulated to members of the Assembly on July 18, 1947 Pandit Jawaharlal Nehru inter alia, observed that the Preamble was covered more or less by the Objectives Resolution which it was intended to incorporate in the final Constitution, subject to some modification on account of the political changes resulting from partition. (327 words) [Extracted with edits and revision from B Shiva Rao's - Framing of India's Constitution]
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