which are
necessitous for the growth of genuine advancement and a matured
democracy.
2. The structural architecture of these writ petitions has a history,
although ... basic and vital for the sustenance of parliamentary
democracy, which is a part of the basic structure of the Constitution.
The “reasonable restrictions” are those
Dipak Misra, J.
In a respectable and elevated constitutional democracy purity of election,
probity in governance, sanctity of individual dignity, sacrosanctity of
rule ... fundamental right under Article 19(1)(a). In our view, democracy cannot
survive without free and fair election, without free and fairly informed
voters. Votes
observed that:-
“Keeping in the forefront the proper functioning of democracy, the
principal object of the Act is purity of elections. When, therefore, an
election ... disposal of an election petition is to
sustain the purity of parliamentary democracy. The concept of purity of
democracy has been emphatically stated in Rameshwar
been
referred to
Q. Conclusions 113
3
A. Introduction
In a parliamentary democracy where human rights are
placed on a high pedestal and a rights ... provisions
in many a sphere, the duty of parliamentary committee in various
democracies and also certain statutory provisions of the Indian
Evidence
corruption. However, despite this heavy
mandate prescribed by our Constitution, our Indian democracy, which
is the world's largest democracy, has seen a steady ... politics and the
entrenchment of corruption at many a level. In a
democracy, the people never intend to be governed
by persons who have criminal
vote‖ is a part of
expression of a voter in a parliamentary
democracy and it has to be recognised and
given effect ... This is the basic
requirement if the lasting values in a healthy
democracy have to be sustained, which the
Election Commission has not only recognised
proceedings and right
to vote as an elective representative; that the parliamentary democracy is the
basic feature of the Constitution of India and to sustain ... Page 4 of 29
indefeasible right to attend the Parliament; that though democracy is the
basic feature of the Constitution of India
Respondents
JUDGMENT
Dipak Misra, J.
In a respectable and elevated constitutional democracy
purity of election, probity in governance, sanctity of individual
dignity, sacrosanctity of rule ... fundamental right under Article 19(1)(a). In our
view, democracy cannot survive without free and
fair election, without free and fairly informed voters.
Votes
become an imperative and categorical mandate, the basic conception of democracy is destroyed and the democracy being an essential feature of the Constitution, the provision ... pyramided his contention by putting forth the stance that the conception of democracy at the grassroot level has been attempted to be fructified, concretised
this context, it will be appropriate to
quote a few lines from Democracy in America
by Alexis de Tocqueville:
―If I were asked … to what
