The Hindu : National : Change of domicile norm for Rajya Sabha poll challenged

Online edition of India's National Newspaper
Wednesday, Feb 22, 2006

National

National

Change of domicile norm for Rajya Sabha poll challenged

Legal Correspondent

New Delhi: The amendments made to the Representation of the People Act, 1951, dispensing with the requirement of domicile for candidates contesting the Rajya Sabha elections and providing for open ballot, are unconstitutional, senior counsel Rajinder Sachar argued in the Supreme Court on Tuesday.

A five-judge Bench, comprising Chief Justice Y.K. Sabharwal, Justice K.G. Balakrishnan, Justice S. H. Kapadia, Justice C.K. Thakker and Justice P.K. Balasubramanyan, is hearing a petition filed by senior journalist and former Rajya Sabha Member, Kuldip Nayar challenging the amendments.

Appearing for Mr. Nayar, Mr. Sachar submitted that federalism was a part of the "basic structure" of the Constitution and the amendments made to the Representation of the People Act in August 2003 were unconstitutional and liable to be struck down.

He said Article 84 (c) of the Constitution dealt with qualification for membership of Parliament, either prescribed in that behalf or under any law made by Parliament. Accordingly under the RP Act, a candidate should be a resident of the State from where one plans to contest to get elected to the Council of States, he said.

However, this requirement had been done away with in the amended Act and by this, Parliament had sought to change the basic structure of the Constitution, Mr. Sachar argued.

Counsel brought to the court's notice the recommendations made by the Commission to Review the Working of the Constitution, which had stipulated that a candidate should be a voter from the State which he would represent in the Rajya Sabha.

"By virtue of amendments made, States need not have their own people as representatives. This defeats the whole object of the Council of States," Mr. Sachar contended.

He also assailed another amendment by which voting had been made through the open ballot system instead of secret ballot. The arguments will continue on Wednesday.

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