JUDGMENT

Y.K. Sabharwal, CJI.—

Background

By this writ petition under Article 32 of the Constitution of India, petitioner seeks to challenge amendments made in the Representation of People Act, 1951 (for short, the RP Act, 1951) through Representation of People (Amendment) Act 40 of 2003 which came into force from 28th August, 2003. By the said Amendment Act 2003, the requirement of "domicile" in the State Concerned for getting elected to the Council of States is deleted which according to the petitioner violates the principle of Federalism, a basic structure of the Constitution.

2. In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballet System is introduced which, according to the petitioner, violates the principle of secrecy which, according to the petitioner, is the essence of free and fair elections as also the voters freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.

Text of the Statute before the Amending Act 40 of 2003

3. From 1951 upto 2003, Sections 3, 59, 94 and 128 as originally stood