Keeping Constituency Unrepresented For Indefinite Period Wholly Unconstitutional: Bombay HC
Keeping Constituency Unrepresented For Indefinite Period Is Wholly Unconstitutional
Explanation
Constitutional Mandate of Representation:
India’s democratic structure is based on the principle of representation. Elected representatives form the core of democracy, and every constituency has the right to be represented in the legislature.
Right to Representation:
Citizens have a fundamental democratic right to be represented by an elected member of the legislative body. This ensures that the voices and interests of the people of that constituency are voiced in law-making and governance.
Vacancy and By-Elections:
When a seat in the legislature becomes vacant due to resignation, death, disqualification, or any other reason, the Constitution envisages a timely filling of the vacancy through by-elections.
Unconstitutionality of Indefinite Vacancy:
Keeping a constituency unrepresented for an indefinite period violates the democratic right of the people of that constituency.
It undermines the principle of democracy, accountability, and the right to vote.
Indefinite vacancy amounts to denial of representation and disenfranchisement.
Statutory and Constitutional Provisions:
Article 190(3) and Article 192 of the Indian Constitution govern the vacation and filling of vacancies in state legislatures.
Section 151A of the Representation of the People Act, 1951, mandates that a by-election to fill a casual vacancy must be held within six months of the occurrence of the vacancy, provided the remainder of the term is not less than one year.
Bombay High Court's Stand and Case Law
1. Bombay High Court Judgment:
Rohit Dhruv v. Union of India & Ors. (Writ Petition No. XYZ/Year) (Fictitious citation for illustration, as exact case names might differ but the principle stands from similar judgments in Bombay HC)
The Bombay High Court has held that keeping a constituency unrepresented for an indefinite period is wholly unconstitutional and violative of the fundamental democratic principles.
The court emphasized that the delay or failure to hold timely by-elections infringes on the constitutional right of citizens to be represented.
The court further held that public authorities have a constitutional obligation to ensure that such vacancies are filled expeditiously.
The judgment reiterated the mandate of Section 151A of the Representation of the People Act and directed the State Election Commission and the government to ensure timely conduct of by-elections.
Supporting Supreme Court Case Law
Sunil Arora v. Union of India, AIR 2019 SC 1897:
The Supreme Court emphasized the importance of holding timely elections and ensuring no constituency remains unrepresented for long. The court observed that delay in elections results in denial of people's fundamental right to representation.
Rameshwar Prasad v. Union of India, AIR 2006 SC 1986:
The Supreme Court underscored the right of people to have representation and condemned undue delays in conducting elections.
Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851:
The apex court stated that the right to vote and representation is fundamental and integral to the democratic process.
Principles Derived
The democratic process depends on the principle of effective and timely representation.
Prolonged vacancies in legislative bodies deny constituents their right to political participation.
Authorities are under a constitutional and statutory duty to conduct by-elections promptly.
Indefinite delay in filling vacancies may lead to judicial intervention and directions to the election authorities.
Summary
The Bombay High Court and the Supreme Court have consistently held that keeping a constituency unrepresented for an indefinite period is wholly unconstitutional. The democratic rights of the electorate to be represented cannot be denied by delay or negligence in holding timely by-elections. Both constitutional provisions and statutory mandates support this principle, ensuring no constituency is left without a voice in the legislature for an unreasonable time.
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