New Delhi, April 29: The Union Government has decided to seek the opinion of the Supreme Court on whether the Presidential election due before August 24, could be held despite the dissolution of the Gujarat Legislative Assembly. An announcement to this effect was made in Parliament to-day.
The following is the text of the Law Minister’s statement: “The House is aware that the term of office of the present President of India expires on August 24, 1974. Under Article 62(1) of the Constitution an election to fill a vacancy caused by the expiration of the term of office of the President is required to be completed before the expiry of the term. This House is also aware that the Gujarat State Legislative Assembly was dissolved on March 15, 1974. A question has been raised whether the election to the office of the President can be held notwithstanding the dissolution of the Gujarat Assembly. The Government is prima facie of the view that on a true and correct interpretation of Article 54, 55, 56 and 62 and 71 of the Constitution, the electoral college consists only of the elected members of such of the Legislative Assemblies of States as are in existence at or before the expiry of the term of office of the President. However, a contrary view has been expressed both inside and outside this House. Quesions of far-reaching importance have arisen as to the composition of the electoral college where Legislative Assemblies of one or more States stand dissolved and in view of the fact that a question of great public importance has arisen, the Government has decided to recommend to the President to obtain the opinion of the Supreme Court under Article 143 of the Constitution as regards the true and correct interpretation of Articles 54, 62, 71 and the relevant provisions of the Constitution so far as they concern the election of the President to fill the vacancy caused by the expiration of the term of office of the President.”
