Q5 · UPPSC Prelims 2023 · Set A · General Studies

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With reference to the election of the Vice-President of India, which has been declared void by the Supreme Court of India, which of the following statement(s) is/are correct?(1)The acts done by him as Vice-President before such declaration are considered valid.(2)The acts done by him as Vice-President on the day of such declaration are not considered valid.Select the correct answer using the code given below.

A Only 1
B Only 2
C Both 1 and 2
D Neither 1 nor 2

Correct answer: (a) Only 1

Explanation

  1. A

    Only 1

    Option (a) states that only the first statement is correct, meaning acts done by the Vice-President before the Supreme Court declares his election void are considered valid. This aligns with Article 71 of the Constitution, which protects the acts done by the President or Vice-President prior to such a declaration of invalidity. Therefore, this option correctly identifies the constitutional provision regarding the protection of official acts done before the nullification.

  2. B

    Only 2

    Option (b) states that only the second statement is correct, implying that acts done on the day of declaration are not valid. Article 71 does not invalidate acts done on the day of declaration prior to the actual ruling, making this statement legally incorrect. Thus, this option fails because it misinterprets the temporal extent of immunity provided to constitutional functionaries.

  3. C

    Both 1 and 2

    Option (c) claims that both statements 1 and 2 are correct. While the first statement is accurate, the second statement is false because acts done on the day of the declaration before the ruling remain protected under constitutional provisions. Consequently, this option is incorrect as it accepts an erroneous assertion about the invalidation of daily official duties.

  4. D

    Neither 1 nor 2

    Option (d) asserts that neither statement 1 nor 2 is correct. This is wrong because statement 1 is factually and constitutionally accurate under Article 71, which validates prior official acts. Hence, this option is incorrect by dismissing a clearly valid statement.

Summary. Official key is (a) because Article 71 of the Constitution ensures that acts performed by a Vice-President before their election is declared void by the Supreme Court remain legally valid. Statement 1 is correct as it upholds this continuity of governance and protects past official actions from being reopened. Statement 2 is incorrect because acts done on the very day of the declaration prior to the judgment are also protected. Candidates often confuse the retrospective effect on elections with the immunity granted to official acts. Thus, only option (a) correctly identifies the scope of constitutional protection.