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1 - 10 of 27 (0.55 seconds)Article 324 in Constitution of India [Constitution]
Article 326 in Constitution of India [Constitution]
Indira Nehru Gandhi vs Shri Raj Narain & Anr on 7 November, 1975
53. Further, in the decision of the Supreme Court reported in
(2006) 7 SCC 1 (cited supra), the Supreme Court reiterated the
principles set out in 1975 (Supp.) SCC 1 (Indira Nehru Gandhi
vs. Raj Narain), wherein, the necessity of a free and fair election
has been emphasized in the following words:
The Representation Of The People Act, 1950
T.N.Seshan Chief Election ... vs Union Of India & Ors on 14 July, 1995
62. The Preamble of our Constitution proclaims that we are a
Democratic Republic. Democracy being the basic feature of our
constitutional set-up, there can be no two opinions that free and
fair elections to our legislative bodies alone would guarantee the
growth of a healthy democracy in the country. In order to ensure
the purity of the election process it was thought by our
Constitution makers that the responsibility to hold free and fair
elections in the country should be entrusted to an independent
body which would be insulated from political and/or executive
interference. It is inherent in a democratic set-up that the
agency which is entrusted with the task of holding elections to
the legislatures should be fully insulated so that it can function
as an independent agency free from external pressures from the
party in power or executive of the day (See T.N.Sheshan v. Union
of India vide paragraph-10). Dr.Rajendra Prasad while explaining
the importance of independence of the post of Election
Commissioner during the debate in the Constituent Assembly
said (vide page 991 of Volume X of the Constituent Assembly
Debates Official Report) :
Article 243ZG in Constitution of India [Constitution]
Article 243O in Constitution of India [Constitution]
Kuldip Nayar vs Union Of India & Ors on 22 August, 2006
In a Constitution Bench decision of the Supreme Court
reported in 2006 (7) SCC 1 (Kuldip Nayar vs. Union of India), the
Supreme Court has laid stress on free and fair elections in
paragraphs 330, 338 and 448, which read as under:
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr on 24 April, 1973
58. It has been recognised in Kesavananda Bharati's case
(supra) by many of the Judges of the Supreme Court forming the
majority that democracy is a basic right and free and fair poll
has been considered to be an essential part of the democracy.
Election is no longer considered as a mere statutory right, but it
has been accorded the elevated status of a constitutional right
and the actual casting of vote has been considered as a
fundamental right of the freedom of expression. The Election
Commission being the constitutional repository of the collective
confidence reposed by the State representing the entire citizens,
is required to ensure free and fair poll so that the basic right is
not affected.