the Constitution Bench in Ram Sewak Yadav Vs. Hussain Kamil Kidwai and Others, , an Election Tribunal has undoubtedly the power to direct discovery and inspection of documents within the narrow limits […]
Before upsetting an election, the Court ought to be satisfied beyond all doubt that the election is void
The law in England is that even ‘if the petitioner claims the seat or office, but the respondent does not oppose the petition, the petition ought to proceed to trial as the […]
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 […]
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 […]
Whether residence or domicile are essential ingredients of structure and composition of the Upper House.
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: […]
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 […]
A right to elect neither a fundamental right nor a common law right, is pure and simple a statutory right
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
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.
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 […]
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 […]