Indian Presidential Election Notes - Part 2

• * If one house approves and another rejects the impeachment resolution, the resolution fails.
• * There is no provision for a joint session of Parliament in case of differing opinions on impeachment.
• * No President of India has been impeached to date.
• * In 1971, an impeachment motion was introduced against V.V. Giri but was later withdrawn.

Article 62(5): Presidential Vacancy

• >> If the office of the Indian President becomes vacant for any reason, an election must be held within 6 months.
• * The process for the new Presidential election begins 15 days before the expiry of the term of the Indian President.

Election Disputes

• >> Article 71: The Supreme Court resolves disputes related to the elections of the President and Vice-President.
• > *6.2.3. 248 Vs Union of India* case: S.C. (Supreme Court) delivered important judgments in 1957, 1974 and 30.
• >> For a petition to be filed in the SC regarding a presidential election dispute, it must be filed by a defeated candidate or a member of the 'Electoral College'.
• >> A petition must be filed within 30 days after the election is over.
• > A petition filed in the S.C. regarding a presidential election dispute must be signed by at least 20 members of the 'Electoral College'.
• >> The S.C. ruled in Dr. Khare's petition case that elections can be held even if there are vacancies in the 'Electoral College'.
• * President who personally appeared before the S.C. to present their arguments regarding a dispute over their election - V.V. Giri.

Election Authority & Process

• >> The Election Commission of India conducts the Presidential elections.
• >> The Returning Officer for the Presidential election is alternately the Lok Sabha Secretary General and then the Rajya Sabha Secretary General.
• >> In the 2007 Presidential election, the Lok Sabha Secretary General P.D.T. Achary served as the Returning Officer.