The constitution prescribes that the members of the Vidhan Sabha of each state shall be part of the Electoral College constituted for the election of President. However, the constitution does not provide specifically whether members of Vidhan Sabha of each state shall be available during the election or not. But it was subsequently incorporated by 11th Constitutional Amendment, 1961, that the election of the president can not be challenged on the ground of any vacancy in Electoral College, constituted for the election of President.
During 1974 elections to the office of the President, the Vidhan Sabha of Gujarat was under dissolution and this matter was referred to the Supreme Court for its legal opinion on this issue. The court held the opinion that the elections to the office of president may be held even during the dissolution of the Vidhan Sabha of the state.
Read Also: