Domicile not necessary for RS MP

Press Trust Of India

New Delhi: In a relief to a number of MPs including Prime Minister Manmohan Singh, the Supreme Court on Tuesday unanimously upheld the Constitutional validity of electoral law amendments dispensing with the domicile requirement for Rajya Sabha elections and secret ballot.

A five-judge Constitution bench headed by Chief Justice Y K Sabharwal dismissed a bunch of petitions filed by some former MPs, including Kuldip Nayyar and Inderjit, seeking the striking down of amendments to sections three, 49, 94 and 128 of Representation of the People Act on the ground that it was contrary to the Constitutional scheme.

"The impugned amendment cannot be assailed as unconstitutional. Thus the validity of the law that was changed after more than half a century has been upheld by the court," said the bench, which also comprised Justices K G Balakrishnan, S H Kapadia, C K Thakker and P K Balasubrahmanyan.

The judgement will grant relief to several MPs, including the Prime Minister who was elected to the Upper House of Parliament from Assam, which is not his state of domicile.

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