Prelims: Current events of national and international importance | Polity
Why in news?
Recently, the Madras HC has observed that “It is for Parliament to enact law against legislators who resign and re-contest in resultant bypolls”.
- About the case – The Madras High Court heard a PIL seeking a direction to the ECI to disqualify legislators who resign without a compelling reason and to stall the proposed bypolls in Madurantakam and Dharapuram Assembly constituencies in Tamil Nadu until the disposal of his main plea.
- Court's Decision –
- The Election Commission has no free-standing power, either under Article 324 of the Constitution or any other law, to add conditions/bar to the existing list of disqualifications.
- If the Commission itself has no such power, this Court cannot, through a writ of mandamus, confer that power upon it.
- Any proposal to prevent legislators from resigning, changing political allegiance, and re-contesting must come through a law enacted by Parliament.
- Neither the courts nor the Election Commission of India (ECI) have the authority to impose such restrictions in the absence of legislation.
- Constitutional reasoning – The bench observed that -
- “The right to resign a legislative seat is by itself a facet of the constitutional framework governing membership of a House, and cannot be burdened with extra-statutory conditions by judicial order” - the Court cannot convert an executive or legislative option into a judicial command.
- Recalling the 2004 proposal – The Court recalled that the ECI, in its 2004 proposal on electoral reforms, had recommended collection of by-election expenditure deposit from candidates who choose to contest in two constituencies and resign one of those seats if they end up winning both.
- Those recommendations were never enacted into law; therefore, the judiciary cannot impose an even stricter scheme such as a five-year disqualification.
- Articles involved
- Article 324 – Superintendence, direction and control of elections vested in the Election Commission.
- Article 14 – Equality before law; the court held that targeting only specific individuals would violate equality principles.
- Articles 190 & 191 – Deal with resignation and disqualification of State legislators.
Reference
The Hindu | Parliament to enact law against legislators who resign and re-contest
