Law of Elections

Law of Elections... less

This book has been designed to present before the... more

This book has been designed to present before the readers the salient features of the law of elections. It not only deals with the elections to Parliament and the State Legislatures but also to the offices of the President and the Vice-President. Another interesting topic dealt with in the book is the powers of the Election Commission. The Election Commission, as the constitutional authority superintending the whole process of election, occupies a crucial position in the scheme of things and the role it plays in ensuring free and fair elections in a country of the size and complexities like India is indeed praiseworthy. Judicial pronouncements have lent great clarity to the role and powers of the Commission. The book also contains a chapter on the anti-defection law. This law has recently undergone drastic changes, which have been incorporated at proper places. The major judgments of the Courts as well as of Speakers relating to split at different times have been dealt with in some detail so as to enable the readers to understand the political as well as the judicial approaches towards the law on defection. This book will be found useful by the Parliamentarians, legislators, political parties, libraries, researchers and academicians and above all the lawyers wanting to know more about the law of elections.... less

This book has been designed to present before the... more

This book has been designed to present before the readers the salient features of the law of elections. It not only deals with the elections to Parliament and the State Legislatures but also to the offices of the President and the Vice-President. Another interesting topic dealt with in the book is the powers of the Election Commission. The Election Commission, as the constitutional authority superintending the whole process of election, occupies a crucial position in the scheme of things and the role it plays in ensuring free and fair elections in a country of the size and complexities like India is indeed praiseworthy. Judicial pronouncements have lent great clarity to the role and powers of the Commission. The book also contains a chapter on the anti-defection law. This law has recently undergone drastic changes, which have been incorporated at proper places. The major judgments of the Courts as well as of Speakers relating to split at different times have been dealt with in some detail so as to enable the readers to understand the political as well as the judicial approaches towards the law on defection. This book will be found useful by the Parliamentarians, legislators, political parties, libraries, researchers and academicians and above all the lawyers wanting to know more about the law of elections.... less

'Office of Profit' has generated a great deal of ... more

'Office of Profit' has generated a great deal of interest in the political circles in the past few months. This term, though not clearly understood by many, has become the subject of animated discussion.Articles 102 and 191 of the Constitution provide for the disqualification of a person from being a member of the Legislature if he holds an office of profit under the Government. However, these Articles empower the Parliament and the State Legislatures to declare by law that a particular office will not disqualify its holder. In pursuance of Article 102, Parliament enacted the Parliament (Prevention of Disqualification) Act, 1959. This Act declares that the offices listed in its various sections do not disqualify their holders. The States, too, have enacted their independent Acts.The basic problem that arises in the context of 'office of profit' is that this term has not been defined anywhere. It is interesting to note that neither the English Act nor the Indian Act has attempted to define it. A catena of cases decided by the English courts, the Indian courts and the Tribunals have analysed in clear terms the hitherto undefined term 'office of profit'. As these cases arose under diverse circumstances, each decision of the Court or Tribunal laid emphasis on one or a set of factors. Though no definition of the term is available, much of the obscurity of the law on this subject has been removed through these decisions.This book is a sincere attempt to explore the frontiers of the law on office of profit and explain it in lucid terms to enable the readers to get a clear view of it. It also traces the history of the evolution of this obscure law. To make the book comprehensive and self-contained, State Acts and the House of Commons Disqualification Act, 1975 and the Parliament (Prevention of Disqualification) Act, 1959, as amended by the 2006 Amendment Act have been given as Annexures.... less