Two Judge Bench of the Supreme Court of India upheld the validity of Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), which introduced the minimum educational qualification for candidates to contest the panchayat elections. The Bench consisting of Justice Chelameswar and A.M.Sapre held that both the rights, namely “Right to Vote” and “Right to Contest” aren’t fundamental Rights but only constitutional rights of the citizen.
QUESTION OF LAW
• Prescription of academic qualification isn’t irrelevant for better administration of the PANCHAYATS
• The classification can’t be said either unreasonable or without an inexpensive nexus with the thing sought to be achieved
• every one who is entitled to vote isn’t automatically entitled to contest for each office under the Constitution
• Constitution itself imposes limitations on the proper to contest depending upon the office
• It also authorises the prescription of further disqualifications/qualification with reference to the proper to contest.
Supreme Court also upheld the clauses of the Act which disqualify persons who are behind of amounts to cooperative bodies and thus the electricity bills and even if a private has no functional toilet at his place of residence.
Submitted By: Prachi Aggarwal