Question

According to Art. 71 Disputes arising in connection with the elections of a President or Vice-President are to be enquired into and decided by

• A. The Supreme Court
• B. High Court
• C. Both by High Court and Supreme Court
• D. Tribunal established for that purpose.

Hint:

Remember the specific and exclusive jurisdictions of the Supreme Court. Questions about its original jurisdiction (e.g., disputes between states, election of President/VP), appellate jurisdiction, and advisory jurisdiction (Article 143) are frequently asked in law exams.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question pertains to the constitutional provision that specifies the forum for resolving disputes related to the election of the President and Vice-President of India. This is a matter of original and exclusive jurisdiction.
Step 2: Key Formula or Approach:
The relevant constitutional provision is Article 71.
Article 71(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."
Step 3: Detailed Explanation:
The Constitution of India explicitly grants the Supreme Court the sole authority to adjudicate on disputes concerning the presidential and vice-presidential elections. This is part of the Supreme Court's original jurisdiction. No other court, including any High Court or any special tribunal, has the power to hear such matters. The decision of the Supreme Court in this regard is final and cannot be appealed.
Step 4: Final Answer:
According to Article 71, all election disputes of the President or Vice-President are to be decided exclusively by The Supreme Court.

Answer 2

This question tests a simple fact about Article 71 of the Constitution, which fixes the forum for resolving disputes over the election of the President or Vice-President. Let's look at each option against the actual text of the article.

1. The Supreme Court: Article 71(1) gives the Supreme Court sole and exclusive power to inquire into and decide all doubts and disputes about the election of the President or Vice-President, and its decision is final. This matches the article word for word.
2. High Court: High Courts have wide original and writ jurisdiction under other articles, but Article 71 does not give them any role in presidential or vice-presidential election disputes. This option is incorrect.
3. Both by High Court and Supreme Court: This would suggest a shared or overlapping jurisdiction, but Article 71 grants exclusive jurisdiction to one court only, so a shared arrangement does not exist here.
4. Tribunal established for that purpose: Unlike some election disputes that go to special tribunals, the framers chose not to set up a separate body for the highest constitutional offices. They placed this responsibility directly with the Supreme Court, so this option is also wrong.

Since Article 71 names only one forum and gives it exclusive and final authority, the correct answer is the Supreme Court.