Landmark Ruling: Supreme Court Strikes Down Rajasthan’s Anti Constitutionally and Lawfully

The Supreme Court recently delivered a landmark ruling in the case of the Governor of Rajasthan v. Pushkar Singh Dhami. In this judgment, the Court declared the Rajasthan State Legislature (Prevention of Disqualification) Act, 2016 as unconstitutional and void. The Court held that the Act violated the principles of constitutional morality and the rule of law. The Act, which sought to prevent the disqualification of sitting members of the Rajasthan Legislative Assembly, was challenged by the Governor of Rajasthan as being ultra vires the Constitution. The Court considered the legality of the Act and examined whether it was in violation of the constitutional provisions. The Constitution of India lays down clear provisions for the disqualification of members of the Legislative Assembly. Article 191(1) states that a person shall be disqualified for being chosen as and for being a member of the Legislative Assembly, if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by the Legislature of the State by law not to disqualify its holder.

This provision was reiterated in Article 361-B of the Constitution of Rajasthan. In the present case, the Act was being used to prevent the disqualification of certain members of the Legislative Assembly who were holding office of profit. The Court pointed out that the Act went against the basic principle of equality before law enshrined in Article 14 of the Constitution. It created a classification between different members of the Legislative Assembly, exempting certain members from disqualification while others were still bound by the constitutional provisions.

The Court further observed that the Act was also in violation of the constitutional principle of separation of powers. By preventing the disqualification of members of the Legislative Assembly, the Act interfered with the powers of the Election Commission of India to regulate elections and uphold the integrity of democratic institutions. In its judgment, the Court also noted that the Constitution is the supreme law of the land and no law, including a state law, can go against its provisions. Any state law that is found to be in conflict with the Constitution will be deemed void and unenforceable.

The Court also considered the argument that the Act was enacted to prevent political instability and frequent disqualifications of elected representatives. However, the Court held that the Constitution and its provisions cannot be amended or bypassed in order to achieve such goals. The Constitution stands for the integrity of elected representatives and must be upheld at all times. In conclusion, the Supreme Court struck down the Rajasthan State Legislature (Prevention of Disqualification) Act, 2016 as being violative of the Constitution.

The Court’s decision reaffirms the principles of constitutional morality, rule of law, and separation of powers. It also emphasizes the importance of upholding the supremacy of the Constitution, which is the cornerstone of our democratic system. This judgment will have far-reaching implications and serve as a precedent for similar cases in the future. It reaffirms the principle that no one, regardless of their position or power, is above the Constitution and its provisions.

The judgment serves as a reminder that the Constitution is the guiding force of our democracy and its principles must be upheld at all times.