
Rajya Sabha's Role Part Of Basic Structure, Rajya Sabha Elections Protected By Legislative Privileges Under Article 194 : Supreme Court
Live LawIn a significant development, the Supreme Court on Monday declared that Rajya Sabha elections are within the remit of Article 194 of the Constitution, clarifying its 2006 Kuldip Nayar judgment. Such processes are significant to the functioning of the legislature and in the broader structure of parliamentary democracy.” Bench clarifies Kuldip Nayar judgment on the aspect of Rajya Sabha elections falling within ambit of Article 194 Next, addressing the observation made by the five-judge bench in Kuldip Nayar, the Supreme Court has now clarified that voting for elections to the Rajya Sabha falls within the ambit of Article 194. On all other counts, the decision of the constitution bench in Kuldip Nayar remains good law.” Rajya Sabha's role part of basic structure, elections to the parliament's upper house requires utmost protection: Supreme Court Underscoring the crucial role played by Rajya Sabha elections within the framework of the Constitution, the court highlighted the significance of protecting the free and fearless exercise of franchise by legislative assembly members while electing members of the parliament's upper house. "The Rajya Sabha or the Council of States performs an integral function in the working of our democracy and the role played by the Rajya Sabha constitutes a part of the basic structure of the Constitution" “The role played by elected members of the state legislative assemblies in electing members of the Rajya Sabha under Article 80 is significant and requires utmost protection to ensure that the vote is exercised freely and without fear of legal persecution.
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