The Supreme Court emphasized on March 4 that elections to the Rajya Sabha, the upper house of Parliament, necessitate “utmost protection,” ensuring that the right to vote is exercised freely and without intimidation.
A Constitution Bench of seven judges, led by Chief Justice D.Y. Chandrachud, stated, “The Rajya Sabha or the Council of States performs an integral function in the working of our democracy, and its role is a fundamental aspect of the Constitution.” The judges highlighted the significant role of elected members of State Legislative Assemblies in electing representatives to the Rajya Sabha under Article 80, underscoring the need for measures to safeguard the integrity of the electoral process.
Chief Justice Chandrachud remarked that the unimpeded and fearless exercise of voting rights by Assembly members is essential for the dignity and effective operation of the legislative body.
The court clarified that parliamentary privilege extends beyond legislative actions during House sessions; it also encompasses other powers and responsibilities of elected officials, even when the Legislature or Parliament is not in session.
This ruling reiterates the importance of maintaining the integrity of the electoral process, particularly in the context of the Rajya Sabha, which plays a crucial role in India’s democratic framework.
Published – March 04, 2024, 08:23 pm IST
