Constitution of India · Part V: The Union · The President and Vice-President
Article 71: Matters relating to, or connected with, the election of a President or Vice-President
In plain words
All doubts and disputes about the election of a President or Vice-President are decided by the Supreme Court, whose decision is final.
- If the Supreme Court declares the election void, acts done by that person in office up to the date of the decision remain valid.
- Parliament can regulate other matters about these elections by law.
- An election cannot be challenged because of a vacancy in the electoral college.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-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 electing him.]
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 71
- State of Goa & Anr. v. Fouziya Imtiaz Shaikh & Anr.
- Birbal Choudhary@ Mukhiya Jee v. State of Bihar
- K. S. Varghese & Ors. v. St. Peters & Pauls Syrian Orth. & Ors.
- Vikas Yadav v. State of U.P. and Ors. Etc. Etc.
- Tara Sfngh & Ors. v. Union of India & Ors.
- Madras Bar Association v. Union of India and Another
- Purno Agitok Sangma v. Pranab Mukherjee
- Charan Lal Sahu v. Dr. Apj Abdul Kalam and Ors.
- Union of India and Anr v. Charanjit S. Gill and Ors
- Most Rev. P.M.A. Metropolitan and Ors. Etc. v. Moran Mar Marthoma Mathews and Anr. Etc.
- Most Rev. P.Ma. Metropolitan and Ors. Etc v. Moran Mar Marthoma Mathews and Anr. Etc.
- S.R. Bommai v. Union of India and Ors.
- Mithilesh Kumar Sinha Etc. v. Returning Officer for Presidential Election and Ors. Etc.
- Charan Lal Sahu & Others v. Giani Zail Singh & Another
- Gokaraju Rangaraju Etc. v. State of Andhra Pradesh
- In Re the Special Courts Bill, 1978 v. -
- Charan Lal Sahu v. Neelam Sanjeeva Reddy
- Smt. Indira Nehru Gandhi v. Shri Raj Narain
- Special Reference No. 1 of 1974 v. Special Reference No. 1 of 1974
- Shiv Kirpal Singh v. Shri v. V. Giri
- Hari Vishnu Kamath v. Gopal Swarup Pathak
- Shri Baburao Patel & Ors. v. Dr. Zakir Husain & Ors.
- Associated Cement Companies Ltd. v. P. N. Sharma and Another
- Dr. N. B. Khare v. Election Commission of India
- Narayan Bhaskar Khare v. The Election Commission of India
- N. P. Ponnuswami v. Returning Officer, Namakkal Constituency and Others