J.CHELAMESWAR, A.M.SAPRE
Rajbala – Appellant
Versus
State of Haryana – Respondent
The legal analysis of the provided document indicates the following key points:
Rights, whether constitutional or statutory, can only be curtailed or regulated to the extent permitted by law, and such regulation must be consistent with the provisions of the Constitution (!) .
The right to vote and the right to contest elections are recognized as constitutional rights. The right to vote is explicitly acknowledged as a constitutional right, while the right to contest is considered a statutory right that may be regarded as a constitutional right in the context of Part IX of the Constitution (!) (!) (!) .
The Constitution provides specific qualifications and disqualifications for contesting elections to various offices, including Parliament, State Legislatures, and other constitutional bodies. These qualifications and disqualifications are primarily aimed at ensuring the suitability and integrity of candidates and are subject to further prescriptions by law (!) (!) (!) .
The distinction between qualifications and disqualifications is largely semantic, and both serve the purpose of regulating eligibility based on criteria such as citizenship, age, education, and conduct, with the law making the final determination (!) (!) .
Certain rights, such as the right to vote and contest in elections, are recognized as constitutional rights that can be regulated or curtailed by law, but only within the framework of constitutional provisions and principles of reasonableness (!) (!) .
The legality and constitutionality of laws or amendments that impose restrictions or qualifications on electoral participation depend on whether they serve a legitimate purpose, have a reasonable nexus with the object sought, and do not create unreasonable or arbitrary classifications (!) (!) .
The courts do not have the authority to declare laws unconstitutional solely on the ground that they are arbitrary or unreasonable unless such laws violate specific constitutional provisions or principles of equality, fairness, and non-discrimination. The concept of arbitrariness alone is insufficient for invalidation (!) (!) .
Disqualifications based on criteria such as educational qualifications, indebtedness, or sanitation standards are permissible if they have a reasonable nexus to the objectives of good governance, effective administration, and public health. Such criteria are deemed to be within the legislative competence and consistent with constitutional principles (!) (!) (!) .
The law can prescribe disqualifications for certain conduct or circumstances, such as unpaid dues, lack of basic sanitation facilities, or criminal charges, provided these are reasonable and serve the larger public interest or the integrity of the electoral process (!) (!) (!) .
The courts emphasize that laws regulating electoral rights are within the domain of the legislature, and judicial review is limited to ensuring that such laws do not violate constitutional mandates, principles of equality, or fundamental rights in an unreasonable or arbitrary manner (!) (!) .
In summary, the document underscores that restrictions on electoral rights must be grounded in constitutional provisions, serve legitimate objectives, and be reasonable. Laws or amendments that impose qualifications or disqualifications are valid if they are rational, serve public interest, and are not arbitrary or discriminatory. The courts refrain from invalidating laws solely based on their harshness or perceived unfairness unless they contravene specific constitutional guarantees or principles.
JUDGMENT
Chelameswar, J.
1. The challenge is to the constitutionality of the Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), hereinafter referred to as the "IMPUGNED ACT".
2. Even prior to advent of the Constitution of India under the Government of India Act, 1935 certain local bodies with elected representatives were functioning. Such local bodies did not, however, have constitutional status. They owed their existence, constitution and functioning to statutes and had been subject to the overall control of provincial governments.
3. Article 40 of the Constitution mandates-
"40. Organisation of village panchayats - The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government." To effectuate such obligation of the State, Constitution authorised (even prior to the 73rd Amendment) State Legislatures under Article 246(3) read with Entry 5 of List II to make laws with respect to;
"5. Local government, that is to say, the constitution and powers of municipal cor
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