The Supreme Court on March 4 said the elections to the Rajya Sabha and Council of States required “utmost protection” and the right to vote should be carried out freely without fear or persecution.
“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. Therefore, 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,” a Constitution Bench of seven judges headed by Chief Justice of India D.Y. Chandrachud underscored.
Chief Justice Chandrachud said the free and fearless exercise of franchise by elected members of the legislative Assembly while electing members of the Rajya Sabha was undoubtedly necessary for the dignity and efficient functioning of the State legislative Assembly.
The court said parliamentary privilege was not to be restricted to only law-making on the floor of the House but extended to other powers and responsibilities of elected members, which took place in the Legislature or Parliament even when the House was not sitting.
