The growth of ‘Bicameralism’ in parliamentary forms of government has been functionally associated with the need for effective federal structures. This nexus between the role of ‘Second Chambers’ or Upper Houses of Parliament and better co-ordination between the Central government and those of the constituent units, was perhaps first laid down in definite terms with… Read More Role of Rajya Sabha vs Role of Upper House in the other Constitutions
The key question is whether residence was ever treated as a constitutional requirement under Article 80(4). In re: Special Reference No. 1 of 2002 [(2002) 8 SCC 237], it was observed that: “One of the known methods to discern the intention behind enacting a provision of the Constitution and also to interpret the same is… Read More Whether residence or domicile are essential ingredients of structure and composition of the Upper House.
Supreme Court of India in Kuldip Nayar vs Union Of India & Ors decided on 22 August, 2006 held : The composition of Parliament India’s Parliament is bicameral. The two Houses along with the President constitute Parliament [Article 79]. The Houses differ from each other in many respects. They are constituted on different principles, and,… Read More Indian Parliament and Fedaralism
Freedom of voting as distinct from right to vote is thus a species of freedom of expression and therefore carries with it the auxiliary and complementary rights such as right to secure information about the candidate which are conducive to the freedom… Read More A right to elect neither a fundamental right nor a common law right, is pure and simple a statutory right
No doubt, the right to vote is a statutory right but it is equally vital to recollect that this statutory right is the essence of democracy. Without this, democracy will fail to thrive. … Read More “None of the Above” (NOTA) inducted by Supreme Court in 2013