UPSC Prelims 2023 Q36: Indian Polity – Union & State Executive

UPSC Prelims 2023, General Studies Paper I · Indian Polity

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid. 2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place. 3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent. How many of the above statements are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (d) None

Explanation

Presidential Powers and Election — Facts

Statement	Claim	Verdict	Correct Position
1	If Presidential election is void, all past acts become invalid	FALSE	Article 71(2) of the Constitution: acts done by a person as President before the election is declared void remain valid — the void declaration is not retrospective.
2	Presidential election can be postponed if some Legislative Assemblies are dissolved	FALSE	Article 62(2) explicitly states that a vacancy in the President's office caused by expiry of term must be filled before the term expires — election cannot be postponed due to dissolved assemblies. The election must proceed with available electorate.
3	Constitution prescribes time limits for President's assent to Bills	FALSE	The Constitution does NOT prescribe time limits within which the President must give or withhold assent. The President can keep a Bill pending (pocket veto) — this has happened (e.g., Postal Bill, 1986).

All three statements are wrong → None.

Answer: (d) None.

Why each option is right or wrong

(a) Incorrect. 'Only one' — no statement is correct; all three describe powers/provisions that either do not exist or work the opposite way.
(b) Incorrect. 'Only two' — Statement 3 is also false; the Constitution has no time limit for Presidential assent.
(c) Incorrect. 'All three' — all three statements describe constitutional provisions that are either reversed or non-existent.
(d) CORRECT. All three statements are incorrect. Past presidential acts remain valid; election cannot be postponed; no time limit for assent exists in the Constitution.

Key point

Three key Presidential facts: (1) Void election = past acts still valid (Art 71). (2) Election cannot be postponed for dissolved assemblies (Art 62). (3) No time limit for President to give assent — pocket veto is possible. All three question statements are wrong.

Remember

All three statements about the President of India are incorrect: void elections do not invalidate past acts; Presidential elections cannot be postponed due to dissolved assemblies; and the Constitution prescribes no time limit for the President to give assent to Bills (pocket veto is possible).

Common mistakes

Thinking void election invalidates past acts — Article 71(2) specifically protects past presidential acts for administrative continuity.
Assuming Presidential election can be deferred for dissolved assemblies — the Constitution requires election before term expiry regardless.
Believing the President has a time-bound assent obligation — India has no such constitutional limit; the President can effectively pocket-veto by not acting.

Exam tip

Presidential powers memory: (1) Past acts saved even if election void. (2) No postponement for dissolved assemblies — election must happen. (3) No constitutional time limit for assent = pocket veto possible. All three are counterintuitive — hence all three in the question are false.

Sources

Constitution of India — Articles 62, 71, 111
NCERT Political Science Class 11 — Chapter 4: Executive

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