SPECIAL REFERENCE NO. 1 OF 1974 versus SPECIAL REFERENCE NO. 1 OF 1974

Citation: [1975] 1 S.C.R. 504 · Decided: 05-06-1974 · Supreme Court of India · Bench: A.N. RAY · Disposal: Reference answered

Cited by 5 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

504 
SPECIAL REFERENCE NO. 1 OF 1974 
Jun~ 5, 1974 
[A. N. RAY, C.J., P'. JAGANMOHAN REDDY, D. G. PALEKAR, H. R. 
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KHANNA; K. K. MATHEW, M. H. BEG AND Y. V. CHANDRACHUD, JJ.] 
Constitution of India, 1950; Article 54--An electoral college consisting of 
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Constitution of India? Article 71 (4)--Disaolution of a State Legislative 
Assembly-Vacancy in ~le electoral college, if occurs on such dissolution. 
Constitution of India, 1950, Articles 54, 55 and 62-Election ,to the office 
of the Presii:knt-Completion of election before the expiration of the term in 
case of vacancy caused by the expiry of the term-Whether nzandatory, 
Presidential and Vice-Presidential Elections Act, 1952, Section 7 read lVith 
J{'Ction 4-Completion of the election before the expiration of the term-
Whethtr contemplated. 
Constitution of Jndia. 1950, Article 56(l)(c) 
''succesSJ:ir'~. n1euning a/-
President, whether can continue in office '1.ffer the expiration of his ter1n. 
Constitution of India, 1950, Article 143 ( 1 )-Statement of facts set out in 
ord~r of Reference-Supreme Court,. whether can go behind the recital~. 
The Gujarat State Legislative Assembly having been dissolved on the 15th · 
day of March, 1974; a general election for constituting a new Legislative Assem .. 
bly can be held only after the Assembly constituencies have been delimited 
afresh on the basis of the 1971 census under" article 170 of the Constitution 
of Jndia and the .provisions of the Delimitation Act, 1972. In as much as it 
will be impossible to complete the general election to the Legislative Assembly 
for the State of Gujarat before the expiration of the term of office of the 
President of India i.e. on the 14th day of August, 1974, in exercise of the 
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powers conferred, upon him by clause ( 1) of article 143 of the Constitution 
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of India, the President of India referred the following question to the Supreme 
Court of India for consideration and report its opinion thereon : · 
(I) Whether on a true and correct. interpretation of articles 54. 55, 
56, 62 and 71 of the Constitution of India the electoral coJlege 
mentioned in article 54 is to consist only of the elected members 
or such of the Legislative Assemblie~ of the States as are 
in 
existence at or before 
the expiration of the term of office of 
. President under article 56(1) of Constitution of India. 
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(2) 'Whether on a true and correct interpretation of the provisions of 
article 71(4) of the Constitution of India, when the 
Legislative 
AssembJy or Assemblies of any State or States. is or are disS"Olved 
it will amount to a vacancy or vacancies having occurred in the 
electoral college within the meaning of the said article. 
(~) '\Vhether in vjew of the provisions cOntained in, inter alia. articles 
54, 62 (I) and 71 ( 4) of t)le Constitution of India election of the 
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(4) 
(5) 
office of President must be held before the expiration of the term 
of the outgoing President notwithstanding the fact that at the time 
of such election the 
Legislative 
Assembly or Assemblies of any 
State or States .is or are dissolved. 
Whether the dissolution Of the Legislative Assembly or Assemblies 
of any State or States precludes the hoiding of election to the office 
of President. 
Where the Legislative Assembly or Assemblies of any State or States 
is or are dissolved before the expi'ration of the term of office of 
the · outgoing President under articl~ 5 6 ( 1) of the Constitution of 
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SPECIAL REFi\RENCE 
505 
India, how and when is the election to fill the vacancy in the 
office of President to be held and completed on a correct inter-
pretation of the relevant provisions of the Constitution of India to 
make the Constitution of India workable regarding the office of 
President. 
( 6) Whether in the event of the election to the office of President not 
beirig completed before the expiration of the term of office 
of 
President under article 62(1) of the Constitution, the President can 
notwithstanding the expiration of 'the term, continue to hold office 
under clause (c) of the proviso to article 56(1) of the Constitu· 
tion of India. 
HELD that : ( 1) Only such persons who are elected n1embers of both 
I-louses of' Parliament and the Legislative Assemblies of the States on the date 
of the election to fill the vacancy caused by the expiration of the term of office 
of the President will be wititled to cast their votes at the election. [523C] 
1'he members 

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