ANAND MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who claims to be a social worker, has invoked the extraordinary jurisdiction under Art.226 of the constitution by initiating so-called public interest litigation blended with the enforcement of his legal rights, though in a half-hearted manner. This Court is being asked to set at naught the process already commenced for constituting the Eighth Lok Sabha (House of the People).

(2.) The term of the Seventh Lok Sabha expires on 20th January, 1985. The President on 20th November, 1984 issued a notification published in the Gazette of India (Extraordinary) whereby in the purported exercise of powers as contained in sub-s. (2) of S.14, Representation of the People Act, 1951 (hereinafter referred to as the Act) he called upon all parliamentary constituencies (other than those within the States of Assam and Punjab) to elect members of a new House of the People. The petitioner, who appears in person, questions the jurisdiction of the President to issue such a notification before 20th January, 1985. According to the petitioner, the President could take such an action only after the life of the existing House of the People came to an end.

(3.) Part XV of the Constitution is confined to "Elections". Article 327 enables the Parliament to pass laws making provisions with respect to all matters relating to, or in connection with, elections to either House of Parliament or either House of the Legislature of a State, subject to the provisions of the Constitution. This means that the provisions of the Act will be subservient to the provisions in the Constitution. Clause (2) of Art.83 gives the House of the people a normal life of five years from the date appointed for its first meeting. This period can be cut short by the dissolution of the House by the President (Art.85 (2)(b)). It also provides that the expiration of the period of five years shall operate as a dissolution of the House. Thus, the Article contemplates the dissolution of the House of the People by two methods, one by the action of the President and the other by the natural effluxion of time. Article 83 fixes the normal tenure of the House of the People by providing that its term will commence from the date appointed for its first meeting and will end immediately after the expiration of a period of five years from that date. We have already seen that Art.85 empowers the President to dissolve the House of the People. It is, therefore, apparent that the Constitution has ensured that, unless the President resolves to dissolve the House, the normal period of five years as provided for cannot be cut short in any eventuality.