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President Election

Is it permissible to conduct the election for the post of President of India when one or more state Assemblies are dissolved? Plz Clarify what do they mean by Dissolved... do their Member of LA remain in power or not????

Comments

  • edited January 2013
    Article 55 is conspicuously silent on whether there will be representation of all or each State in the Presidential election, although there is vacancy in the electoral College. It only provides for "the different States." Since there is no guarantee to ensure non-vacancy in the Presidential Electoral College, the phrase, "the elected members of Legislative Assemblies of States" means only those who are actually in office at the time of Presidential Election.

    so,11th AMENDMENT was done in 1961 which Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college

    SO, it can be said that YES,it IS permissible to conduct the election for the post of President of India when one or more state Assemblies are dissolved?

    EXAMPLE :At the time of 1992 presidential election (in which Dr Shankar Dayal Sharma had won) the Legislative Assemblies of J&K and Nagaland were under dissolution.

    MEANING OF DISSOLUTION:

    when the rulling party losses the confidence of the house then it is dissolved by Governor ,sometimes on the advice of CM or otherwise by using discretionary powers.
    (during presidential emergency GENERALLY, the LA of concerned states is suspended.)

    After the dissolution MLAs cease to be qualified as members of LA & new election happens.

    i hope it will clear your doubts.:-D



    Nothing is IMPOSSIBLE in this beautiful world.


  • Yes please refer to 11th amendment.
    When the house is dissolved, there ceases to be members to the legislative assembly. If they are not members, they can not vote. ( if otherwise, please cite sources. It would be very helpful, thanks)
    Suspended animation is different from dissolution. The house can be revived by president.
    Members of suspended assembly are still members and hence they can vote.
  • edited August 2018
    These are the discussions that made forum really helpful .
    Yes 11th ammendment specifically issi liye thi (it clarified )
    HUSTLE
  • Yes, and the election to the office of Prez can also not be challenged on the ground that the electoral college was incomplete.
    Miles to go before I sleep..
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