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9. By evolution of democracy in free society, right to govern oneself through one's representative is inherent. Democracy is one of the processes of governance through one's representatives. Democracy is the basic structure of the Constitution, which forestalls the manipulative politics of the democracy, respecting the rights of the individuals, minorities, against authority though it is elected. It is peaceful Governance without waging war. Democracy has inherent limitations -- be it moral, legal or on ground realities in its constitution, functioning, providing a concrete shape, methodology and mechanism to elect representatives considering the utility, viability, size, the preference for party system, ought to be represented by individual different processes can be provided. It cannot be capsuled in a fixed mould. Power is a vibrant democracy functioning within the constitutional parameters, which confers power on the Parliament and the State Legislatures to legislate to meet the exigencies arising in its functioning. All rights and their efficacy are dependent upon the efficiency and efficacy of the functioning of democracy and process of electing the representatives. Despite the democracy being the basic postulate of our Constitution, it only envisages the radical elections based on adult franchise providing a free and fair election i.e., right to freely vote and contest to be the representative.

17. While examining the validity of a law on the touchstone of the concept of basic structure, democracy presupposes the representation of people in Legislature through the methodology of election. The Parliament is constitutionally empowered to make laws and rules with respect to matters relating to or in connection with the elections, method of their enactment, the agency bound in securing its enforcement and the Tribunal to decide disputes arising out of it. The Hon'ble Supreme Court in Smt. Indira Gandhi's case (supra), noticing the definition of Max Radin and Greeks defined democracy as the rule of poor simply because they form always and necessarily, the more numerous class. The word is only used in the sense of the rule of majority of community as a whole including the "classes" and "masses" since that is the only method yet discovered for determining what is deemed to be the will of the body politic which is not unanimous. This is expressed through election of representative. Definition of democracy by C.F. Strong is to the effect that "form of Government in which rule of the poor of the Slate is legally vested not in any particular class or classes "but the members of the community as a whole. This may aptly be a description rather than a definition of democracy because it is beyond human ingenuity to foresee the possible permutations and combinations of circumstances to which a generalisation may have to be applied." It is a common man's sense of justice, which sustains the democracy. There is no dispute with the proposition of law laid down in Smt. Indira Gandhi's case (supra), as well as in R.C. Pondyal's case (supra), that right to vote is central to the right of participation in democratic process. There can again be no gain saying of the principle in Anderson's case (supra), that a restriction imposed on a candidate's eligibility to ballot imposed a burden on the voters' right to choose amongst the candidates and burden the right of the voters. The candidate's eligibility requirements on voters implicate the basic right. The people can only assert their preference through candidates or parties or both though it was observed that right to vote is heavily burdened if that vote may be cast only for major party candidates at a time when the other parties or other candidates are clamouring for a place on the ballot. The exclusion of a candidate also burdens the voters. In Reynolds v. SIMS, 377 US 533, it was observed that voters couldn't be classified in democracy. A right of equal representation irrespective of any consideration is inherent in democracy. Right of suffrage is a fundamental matter in free democratic society.

20. The right to be representative of voters has been statutorily conferred on a registered voter. The methodology of the election for free and fair election is imbibed in the Representation of People Act, 1951. Different process for nomination with different requirements has been provided by the Act of 1951, which has not been challenged.

21. In our considered view the contention of the learned Counsel for the petitioner that Sections 52 of the Act of 1951 puts an embargo on the right of a voter to be a candidate or to elect its representative cannot be sustained. In our democracy, inspite of it being an adult suffrage, only right conferred on an adult citizen is the right to be registered as voter in accordance with the Statute and form part of the Electoral College. It is process provided to elect the representative of the majority of the voters. The Legislature in the procedural methodology adopted to elect the representatives of the majority of voters. With the development of democracy by passage of time and expediency in the governance represented by the representatives constituting a common philosophy of majority of the voters, party system has come to stand by. No democracy can succeed in the absence of any party system representing a common philosophy of the electors. Individual representation, in our opinion, may result in chaotic scene and coming to the dead end of the democracy. In we may hasten to add the people can change their governance by peaceful means through party system representing one philosophy or the other. By the smooth running through the party system all over the world in a democracy that people's faith is becoming stronger and stronger in democracy.

22. Democracy, as commonly understood, is the political community and is assumed to be virtuous, good and likely to be seen in governance irrespective of the name it bears. The political sovereignty resides in representation of the citizens as a whole representing the adult population. In democracy the centre of gravity of sovereignty lies in the people. With the progressive development of the democracy people have come to know the policies pursued by a political party, the institution and the economic structure as also alt other matters vital to the success or failure of justice and injustice propagated by a political party. Inspite of the fact that polilical parties are not part of our Constitution but no democracy can afford to ignore their existence. The democracy neither can afford to ignore their existence or can work without them. It is a continuous evolution conscious of fallibility of human nature, impermanence and incompleteness of political philosophy and incapability of the man to see in future. People are hardly able to ignore the practicalities and enduring human values. The party system struggles to achieve equality, justice, abolition of complicated differences in status of our highly manipulative nature of people in the society and in order to avoid the tyrannical approach of various religions, bereft of various other isms, recognised political parties having common agendas, common thoughts, common objects to be attained for the welfare of the society arc quite essential for the smooth working of democracy which is very inherent in the voting system. In this era of scientific development public opinion can be mobilised and people can be prepared through collective work which again leads to the formation of an association of people with similar ideas, philosophies, thoughts, ideologies, objects for attainment resulting in the party system. Party system cannot be ignored. Thus in totality one can say that a recognised registered political party will form a class in itself in a political institution of governance. The Constitution itself and the laws enacted have abridged or abrogated some of the rights to be a member of electoral college and the form of the Government required to be represented. The ground realities have to be met. Democracy of representative form does not work in isolation or govern inanimate things. It deals with human beings. There cannot be absolute equality. A right to vote and to be elected is governed by the Statute enacted from time to time by the competent Legislature. It cannot be declared to be ultra vires unless it negates or ameliorates the democracy or the electoral process itself, which is not the case in hand. Section 52 of the Act of 1951 neither puts an embargo on the right to vote nor the right to be elected.