Constitutional Law: Election and Representation
This chapter explores the fundamental principles of election and representation in India's constitutional framework.
Introduction
Election and representation are crucial aspects of democratic governance in India. The Constitution of India establishes the framework for conducting free and fair elections while ensuring equal representation of citizens in the legislative process.
Legal Framework
Article 81 of the Constitution of India
Article 81 outlines the qualifications for membership of both Houses of Parliament. It states:
"No person shall be eligible to sit as a member of either House of Parliament unless he— (a) is a citizen of India, or (b) is under any acknowledgement of allegiance, obedience, or adherence to a foreign power."
Legal Section Number: Article 81, Part III, Chapter IV, Constitution of India
Article 330 of the Constitution of India
Article 330 provides for reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha. It states:
"Not less than one-third but not more than half of the total number of seats reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha shall be allotted to such of these castes or tribes as at the last census have been shown to be under-represented in the Lok Sabha."
Legal Section Number: Article 330, Part III, Chapter IV, Constitution of India
Case Law: Indira Nehru Gandhi v. Raj Narain (1975)
In this landmark case, the Supreme Court of India upheld the validity of the Election Commission's decision to disqualify Indira Gandhi from contesting elections due to her conviction in a corruption case. The court held that election laws were constitutional and could be enforced even against high-ranking officials.
Legal Citation: AIR 1975 SC 2299
Illustration
Consider the scenario where a sitting Member of Parliament is convicted of bribery during his term. In light of the Indira Nehru Gandhi case, what action can the Election Commission take?
Answer: The Election Commission can disqualify the MP from contesting future elections, as the court has ruled that election laws apply equally to all citizens, regardless of their position.
Conclusion
Election and representation are fundamental to India's democratic system. Understanding the legal framework and its application through case law is crucial for students of law and those pursuing LLB degrees. This chapter provides a foundation for exploring these concepts in greater depth.
References
- Constitution of India, Articles 81 and 330
- Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299