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

Procedural Posture

Special Reference / Advisory Opinion

Legal Issues

1. 1 Interpretation of Articles 54, 55, 56, 62, and 71 of the Constitution regarding the composition of the electoral college for the Presidential election in the event of dissolution of a State Legislative Assembly
2. 2 Whether dissolution of a State Legislative Assembly results in a vacancy in the electoral college under Article 71(4)
3. 3 Whether election to the office of President must be completed before expiration of the outgoing President's term in case of dissolution of Legislative Assembly

Ratio Decidendi

Only elected members of Parliament and Legislative Assemblies existing on the date of the presidential election constitute the electoral college; dissolution of an Assembly creates a vacancy but does not invalidate the Presidential election nor preclude holding it. The election must be completed before expiration of the President's term; the outgoing President may continue only until the successor enters office if the election cannot be completed in time; dissolution or vacancy is addressed by Article 71(4).

Court Disposition

Reference answered

Orders

• Only elected members of both Houses of Parliament and the Legislative Assemblies of the States on the date of the election are entitled to vote.
• Vacancies caused by dissolution of Legislative Assemblies are covered by Article 71(4).