TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: (i) Whether section 8(4) of the Representation of the People Act, 1951 was beyond Parliament's legislative power and unconstitutional. (ii) Whether a person confined in prison or in the lawful custody of the police under section 62(5) of the Representation of the People Act, 1951 was an elector and qualified to contest elections.
Issue (i): Whether section 8(4) of the Representation of the People Act, 1951 was beyond Parliament's legislative power and unconstitutional.
Analysis: Articles 102(1)(e) and 191(1)(e) confer on Parliament the power to make one law governing disqualification for being chosen as, and for being, a member of Parliament or a State Legislature. The constitutional scheme in Articles 101(3)(a) and 190(3)(a) provides that once a sitting member becomes subject to a disqualification under Article 102 or Article 191, the seat becomes vacant. On that basis, Parliament could not postpone the effect of disqualification only for sitting members by deferring its operation until an appeal or revision was decided. The saving in section 8(4) created an impermissible departure from the constitutional command.
Conclusion: Section 8(4) of the Representation of the People Act, 1951 was held ultra vires the Constitution.
Issue (ii): Whether a person confined in prison or in the lawful custody of the police under section 62(5) of the Representation of the People Act, 1951 was an elector and qualified to contest elections.
Analysis: Under the electoral scheme, the right to vote is statutory, and only a person entitled to vote can be treated as an elector for the purpose of contesting elections. Section 62(5) withdraws the right to vote from persons confined in prison or in lawful police custody, so such persons do not satisfy the requirement of being electors under sections 4 and 5 of the Act.
Conclusion: A person in prison or in lawful police custody was not an elector and was not qualified to contest the election.
Final Conclusion: The constitutional challenge to section 8(4) succeeded, and the companion challenge concerning voting disqualification of persons in custody failed.
Ratio Decidendi: Where the Constitution fixes the same disqualification for being chosen as, and for being, a member of a legislature, Parliament cannot by ordinary law defer the effect of that disqualification for sitting members alone; a person denied the statutory right to vote cannot be treated as an elector.
TaxTMI 
TaxTMI 
