Advocates:
SANJAY PARIKH

http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 125

CASE NO.:

Writ Petition (civil) 217 of 2004

PETITIONER:

Kuldip Nayar

RESPONDENT:

Union of India & Ors.

DATE OF JUDGMENT: 22/08/2006

BENCH:

CJI Y.K. Sabharwal,K.G. Balakrishnan,S.H. Kapadia,C.K. Thakker P.K. Balasubramanyan

JUDGMENT:

J U D G M E N T

[With Writ Petition (C) Nos.262, 266 and 305 of 2004)

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.

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 Balle