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๐ Constitutional Text
Article 71 (1): All doubts and disputes arising out of or in connection with the election of a President shall be inquired into and decided by the Supreme Court.
(2): The decision of the Supreme Court shall be final.
(3): The manner of presenting such an inquiry and the procedure thereof shall be regulated by Parliament by law.
(4): The election of a person as 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.
(5): The Supreme Courtโs decision, and the law made by Parliament under clause (3), shall have effect notwithstanding anything contained in any other law for the time being in force.
๐ Simplified Explanation
Article 71 establishes the Supreme Court as the final authority to resolve disputes regarding the Presidentโs election. It ensures that the validity of the Presidentโs election cannot be challenged due to vacancies in the electoral college. Parliament can regulate the procedure, but the Supreme Courtโs ruling is binding. This provision protects the stability of the highest constitutional office and prevents frivolous litigation.
๐๏ธ Significance & Scope
Why Article 71 matters: It acts as a shield for the Presidentโs election process, ensuring that disputes don't paralyze the executive. The Supreme Courtโs jurisdiction under this article is exclusive and final, strengthening the separation of powers.
โก Key Takeaways
Only Supreme Court can adjudicate presidential election disputes.
No High Court or other tribunal has jurisdiction.
Decision is binding on all authorities.
Even if electoral college has vacancies, election remains valid.
Parliament may prescribe procedure, but cannot override SC finality.
๐ Historical Insight: The framers of the Constitution inserted Article 71 to avoid political uncertainty. Inspired by the necessity to keep the highest office free from prolonged legal battles, it upholds democratic discipline.