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august 2006

Supreme Court of India · 2006-08-22

KULDIP NAYAR vs UNION OF INDIA .

Citation / case number
SC 2004/9404
Court
Supreme Court of India
Petitioner
KULDIP NAYAR
Respondent
UNION OF INDIA .
Author
Y.K. SABHARWAL,K.G. BALAKRISHNAN,S.H. KAPADIA,C.K. THAKKER P.K. BALASUBRAMANYAN
Bench
CJI Y.K. SABHARWAL,K.G. BALAKRISHNAN,S.H. KAPADIA,C.K. THAKKER P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court, in this judgment, addressed the constitutional validity of the Representation of People (Amendment) Act, 2003, which amended the Representation of People Act, 1951. The Court held that the removal of the domicile requirement for election to the Council of States does not violate the principle of Federalism, as it does not infringe upon the basic structure of the Constitution. Additionally, the introduction of the open ballot system was found to infringe upon the secrecy of voting, a fundamental aspect of free and fair elections under Article 19(1)(a). The amendments were partially upheld and partially struck down.

KULDIP NAYAR vs UNION OF INDIA . · Niyam