Kuldip Nayar vs Union Of India & Ors

The Supreme Court examined the amendments made to the Representation of People Act, 1951, through the Representation of People (Amendment) Act 40 of 2003, which removed the domicile requirement for election to the Council of States and introduced an open ballot system. The Court held that these amendments violate the principle of Federalism and the fundamental right to secrecy in voting under Article 19(1)(a) of the Constitution. Consequently, the Court ruled that the amendments are unconstitutional and infringe upon the basic structure of the Constitution.