LAWS(SC)-2003-3-104

PEOPLES UNION FOR CIVIL LIBERTIES Vs. UNION OF INDIA

Decided On March 13, 2003
PEOPLE'S UNION FOR CIVIL LIBERTIES (DELHI) Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE writ petitions under Article 32 of the Constitution of India have been filed challenging the validity of the Representation of the People (Amendment) Ordinance, 2002 (No.4 of 2002) ("Ordinance" for short) promulgated by the President of India on 24th August, 2002.

(2.) THERE was an era when a powerful or a rich or a strong or a dacoit aged more than 60 years married a beautiful young girl despite her resistance. Except to weep, she had no choice of selecting her male. To a large extent, such situation does not prevail today. Now, young persons are selecting mates of their choice after verifying full details thereof. Should we not have such a situation in selecting a candidate contesting elections? In a vibrant democracy - is it not required that a little voter should know bio-data of his/her would be Rulers, Law-makers or Destiny-maker of the Nation?

(3.) IT is equally true that right step in that direction is taken by amending the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') on the basis of judgment rendered by this Court in Union of India v. Association for Democratic Reforms [(2002) 5 SCC 294]. Still however, question to be decided is - whether it is in accordance with what has been declared in the said judgment?