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Kuldip Nayar v. Union of India (2006)

Background

The case challenged amendments to the Representation of the People Act, 1951, particularly:

  • Introduction of open ballot system in Rajya Sabha elections
  • Removal of the requirement that a candidate must be an elector of the concerned state

Key Issues

  • Whether Rajya Sabha elections are part of legislative proceedings
  • Whether anti-defection law (Tenth Schedule) applies to such elections
  • Validity of open ballot and domicile removal

Judgment

The Supreme Court upheld the constitutional validity of both reforms.

Key Observations

  • Rajya Sabha elections are not proceedings of the House
    They are part of the electoral process, not legislative functioning.
  • Tenth Schedule does not apply
    Anti-defection law applies only to voting inside the House, not elections.
  • Open ballot is valid
    It promotes transparency and party discipline, without violating secrecy of voting.
  • Domicile requirement removal upheld
    Strengthens the idea of national integration over strict federal representation.

Significance

  • Clarified that election voting ≠ legislative voting
  • Established that anti-defection law cannot control Rajya Sabha elections
  • Strengthened transparency in indirect elections
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Kuldip Nayar v. Union of India (2006)

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