Blog Posts

Analyzing the Constitutionality of S 33 (7), Representation of People Act, 1951: Proposing Remedies

Deeksha Sharma Recent trends in Indian electoral politics have seen the emergence of an increasing number of candidates contesting from more than one constituency. This article highlights how the apex court of India, had already erroneously upheld the Constitutionality of this provision and also suggests some solutions for the same. This system of parliamentary elections… Continue reading Analyzing the Constitutionality of S 33 (7), Representation of People Act, 1951: Proposing Remedies

Continuing Choices: Can Simultaneous Elections be A Credible Solution?

Priyanka Rai In a parliamentary democracy like India, Good Governance is the prime responsibility but is this actually a possibility given the continued election mode our country is always in, is a question which needs assessment. The citizens, the political parties and the Election Commission are the key stakeholders in the process of decision-making and… Continue reading Continuing Choices: Can Simultaneous Elections be A Credible Solution?

Reduced to Puppets? The Enchantment of Anti-Defection

Tanmay Batham Tenth Schedule: Brief Overview Webster defines Defection as a conscious abandonment of allegiance or duty (i) while MacMillan defines it simply as an act of leaving one’s country or political party to go to another one. (ii) This understanding of the word indicates that there is a connotation of hostility attached to the… Continue reading Reduced to Puppets? The Enchantment of Anti-Defection

The Mavalankar Rule: The Selection of the Leader of Opposition

Sarvotham M Naik In the light of recent election results where the country has witnessed the formation of the government by a single political party with a sweeping majority, a debate has arisen as in who shall become the leader of opposition. The requirement of a minimum number of members for the recognition of a… Continue reading The Mavalankar Rule: The Selection of the Leader of Opposition

Back Up Plans at The Cost of Electorate

Vrinda Aggarwal On 7th February, 2018, Ashwini Kumar Upadhyay filed a writ petition in the Supreme Court of India against the Election Commission (EC) and the State, challenging the validity of S. 33(7)(a) of the Representation of People’s Act, 1951 (Act), according to which “person shall not be nominated as a candidate for election— in… Continue reading Back Up Plans at The Cost of Electorate

Need to Revisit the Right to Vote of Migrant Labourers

Advik Rijul Jha According to recent reports, approximately 60 million men and women, crisscrossing the country as migrant workers, were unable to cast their vote because their voting rights are restricted to their villages, where they have to be present to be able to vote.[i] This gives rise to a concern about the political voice-lessness of… Continue reading Need to Revisit the Right to Vote of Migrant Labourers

Transformative Constitutionalism and Role of Judiciary in India: Balancing the Interest of People with Societal Reforms

Shweta and Tauseef Ahmad Introduction The constitution is a sovereign legal document. It is a supreme document of society and it lays down the fundamental principles as well as rules of governance for the Indian society and it lays down the goals and aspiration of the people of India. It can be compared to ‘grundnorm’… Continue reading Transformative Constitutionalism and Role of Judiciary in India: Balancing the Interest of People with Societal Reforms