What is Article 71 of the Indian Constitution?

What is Article 71 of the Indian Constitution?

The 11th Amendment added a new clause (4) to Article 71 of the Constitution to clarify that the election of a President or Vice-President cannot be contested on the basis of any vacancy in the relevant electoral college, for any cause. This means that if there is a vacancy in the office of the President or Vice-President, then the next in line becomes President or Vice-President.

In other words, article 71 ensures that no one can claim the presidency after another because they were elected by the electoral college when someone else was supposed to be president. The only way someone can become president is if they are chosen by the electors of the electoral college.

The amendment was proposed by Justice Rajendra Babu Pant of the Supreme Court of India and was passed by Parliament in August 1951. It came into effect on 21 January 1952, when President's rule was imposed in West Bengal due to political turmoil following the death of Emperor Haile Selassie.

Since then, it has always been applied whenever there is a vacancy in the office of the president or vice-president.

Currently, the office of the president is vacant after the death of Pranab Mukherjee on 24 May 2013.

Why is the 103rd Amendment in violation of the basic structure?

It is suggested that the 103rd amendment violates the essential structure since the logic of the current provisions of Articles 15 and 16 and the revised provisions contradicts each other. The current system of both restrictions on elected representatives and their prohibition from holding any office beyond their terms would lead to permanent governments if not checked by another amendment. Thus, it has been argued that the 103rd amendment should be repealed because its purpose has already been fulfilled.

In addition, it is claimed that the amendment is in violation of the basic structure because it prevents individuals from changing their government via their own actions or elections. It also limits the power of the people by preventing them from removing their government via revolution or armed conflict. Last, but not least, it is said to violate the basic structure because it is an example of how our constitutional system allows one branch of government to overthrow the will of the people via their own hand-picked officials.

The basic structure doctrine is the name given to the requirement that all amendments must be consistent with the framework set out in the Constitution. The framers of the Constitution believed that a strong central government was necessary for the success of our country and as such they created a framework within which amendments could be made.

What is Article 124A of the Indian Constitution?

Article 124A of the Indian Constitution establishes the National Judicial Appointments Commission. (2) No act or activity of the National Judicial Appointments Commission will be called into dispute or rendered illegal simply because of a vacancy or flaw in the Commission's constitution. The validity of the entire structure of the Commission is not affected by the failure of any one member to attend a meeting.

The Constitution provides for the establishment of this commission with the aim of ensuring that judges are not influenced by partisan considerations when making decisions on cases before them. The commission has the power to make recommendations to the President about candidates for judicial appointments, and the President can either accept or reject these recommendations. The commission also has the authority to make its own appointments to fill vacancies that may arise during its existence.

In addition to this, the Constitution provides for the appointment of additional judges by the President, with the advice of the Prime Minister. These Additional Judges would be members of the High Court or a lower court. They would serve at the discretion of the President, who could choose not to appoint them. However, they would be required to retire at the age of 70 years.

Currently, there are nine members in the commission.

What is Article 59 of the Indian Constitution?

Article 59: President's Office Conditions (2) The President shall not hold any other paid post. (4) The President's emoluments and allowances must not be reduced throughout his tenure of office.

This article was inserted by Part IV of the 12th Amendment Act, 1950 (50). It came into force on January 11, 1951. It requires the president to file a statement with the Parliament about his or her assets and liabilities. If the president fails to do so, then their salary can be reduced by 20 percent. The president can also be removed from office under this provision.

The president cannot be removed from office except by death, resignation, removal by impeachment, or otherwise as provided by law.

The president is elected by an electoral college composed of members of the House of Representatives and officials of the Senate. The election takes place in even-numbered years no later than April 1 preceding the expiration of her/his term. If the president dies before taking office, then the vice president becomes acting president until an election can be held.

Who is eligible to be president?

In order to be elected as president, one must be a natural-born citizen of India, be at least 35 years old, and have been a resident of India for more than 10 years.

About Article Author

Nicky Marguez

Nicky Marguez is a passionate and opinionated young man. He has a degree in journalism from California Polytechnic State University, but he's not afraid to get his hands dirty to get the story. Nicky loves to travel and experience new cultures.

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