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Showing contexts for: basic structure constitution in Arun Tyagi vs Election Commission Of India & Anr. on 4 April, 2011Matching Fragments
25. In P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626, it has been held that parliamentary democracy is a part of the basic structure of the Constitution.
26. In Gujarat Assembly Election Matter, In Re, (2002) 8 SCC 237, the Apex Court has opined thus:
"...It is no doubt true that democracy is a part of the basic structure of the Constitution and periodical, free and fair election is the substratum of democracy. If there is no free and fair periodic election, it is the end of democracy and the same was recognized in M.S. Gill v. Chief Election Commissioner - (1978) 1 SCC 405 thus:
27. In People's Union for Civil Liberties & Anr. v. Union of India & Anr., (2003) 4 SCC 399, their Lordships have stated thus:
"62. It has to be stated that in an election petition challenging the validity of election, rights of the parties are governed by the statutory provisions for setting aside the election but this would not mean that a citizen who has right to be a voter and elect his representative in the Lok Sabha or Legislative Assembly has no fundamental right. Such a voter who is otherwise eligible to cast vote to elect his representative has statutory right under the Act to be a voter and has also a fundamental right as enshrined in Chapter III. Merely because a citizen is a voter or has a right to elect his representative as per the Act, his fundamental rights could not be abridged, controlled or restricted by statutory provisions except as permissible under the Constitution. If any statutory provision abridges fundamental right, that statutory provision would be void. It also requires to be well understood that democracy based on adult franchise is part of the basic structure of the Constitution. The right of an adult to take part in election process either as a voter or a candidate could be restricted by a valid law which does not offend constitutional provisions...."