Question

Who settles disputes arising in connection with the election of the President of India?

Answer 1

Hint: The provision for the settlement of disputes arising in connection with the election of the President of India has been laid down by the 29th Constitution Amendment Act 1975 and the 44th Constitution Amendment Act, 1978.

Complete answer: At the apex of the Judicial hierarchy stands the Supreme Court. It was constituted in 1950 by raising the status of the then federal court set up under the provisions of the government of India Act of 1935 and by conferring additional jurisdiction on it. The Supreme Court consists of a Chief Justice and 29 other judges. The Supreme Court enjoys three kinds of jurisdiction - Original Jurisdiction, Appellate Jurisdiction, Advisory Jurisdiction. The original jurisdiction of the Supreme Court covers adjudication of disputes between the centre and the state, between the centre and some states or between some states. The matter of dispute must involve any question of law or fact on which the existence of a legal right depends. Article 131 while granting original jurisdiction to the Supreme Court also provides that they shall not extend to a dispute arising out of any treaty, agreement or sanad entered into before the commencement of the Indian Constitution. Under its original jurisdiction, the Supreme Court is also empowered to several disputes relating to the election of the President and Vice-President and it can also issue prerogative writs for the enforcement of fundamental rights.

Note: According to Article 138 of the Constitution, the apex court shall have any such further jurisdiction and power with respect to any matter included in the Union List as the Parliament may by law decide.