Date: 21.08.2018 The Supreme Court said the option of none of the above cannot be permitted in Rajya Sabha elections. Held : NOTA may serve as an elixir in direct elections but in respect of the election to the Council of States which is a different one as discussed above, it would not only undermine the purity of… Read More NOTA can’t be permitted in RS polls, says SC
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
THE REPRESENTATION OF THE PEOPLE ACT, 1976 (ACT NO.LXXXV OF 1976) January 4,1977 An Act to provide for the conduct of elections to the National Assembly and the Provincial Assemblies. WHEREAS It is expedient to provide for the conduct of elections to the National Assembly and the Provincial Assemblies and to guard against corrupt and… Read More THE REPRESENTATION OF THE PEOPLE ACT, 1976 [Pakistan]
KEYWORDS:-COMMON LAW-SUIT IN EQUITY- ELECTION PETITION- DATE:-18-04-1973- AIR 1973 SC 2077 : (1973) 3 SCR 1016 : (1973) 2 SCC 170 (SUPREME COURT OF INDIA) P. Malai Chami Appellant Versus M. Andi Ambalam and others Respondent (Before : D. G. Palekar And A. Alagiriswami, JJ.) Civil Appeal No. 649 of 1972, Decided on : 18-04-1973.… Read More P. Malai Chami Versus M. Andi Ambalam and others[ALL SC 1973 APRIL]
The applicant party is required to get an advertisement published in two National and two Local Dailies giving the name and address of the party, and its main office bearers, so that if anyone has any objection to the Party being registered, they can place their objections before the Commission. Section 29A in The Representation of the People… Read More Registration of political parties under section 29A of the Representation of the People Act, 1951 in India
02-01-2017 Representation of the People Act, 1951= Once this Court has addressed an issue on a substantial question of law as to the structure of the Constitution and has laid down the law, a request for revisit shall not be welcomed unless it is shown that the structural interpretation is palpably erroneous IN THE SUPREME… Read More ABHIRAM SINGH VS C.D. COMMACHEN (DEAD) BY LRS. & ORS.