(Para 204)
(R) Representation of the People Act (1951), Ss. 123 (5) and (6) –
Corrupt practice – Use of vehicles.
Per Khanna J :. – It is no doubt true that by using a vehicle for the
furtherance of the prospects of candidates in more than one constituency one
should not be allowed to circumvent the salutary provisions of the R.P. Act in
this respect. To prevent such circumvention, it is essential that evidence
should be led to show as to what was the extent of the user of the vehicle in
the constituency concerned.
(Para 243)
(S) Constitution of India, Art. 368 – ‘Constitution power’ of
Parliament – Supremacy – It is the constitution and not the
constituent power which is supreme.
Per Beg J. : – The theory advanced that the ‘Constituent power’ is a power
of a kind which is above the constitution itself cannot be accepted. If this
theory is accepted it would make it unnecessary to have a constitution
beyond one consisting of a single sentence laying down that every kind of
power is vested in the constituent bodies which may by means of a single
consolidated order or declaration of law, exercise any or all of them
themselves whenever they please whether such powers be executive,
legislative, or judicial. Both the supremacy of the constitution and separation
of powers are parts of the basic structure of the constitution. AIR 1973 SC
1461, Foll.
(Para 523)
If “constituent power’’. by itself is so transcendental and exceptional as to
be above the provisions of the Constitution itself it should not logically
speaking be bound even by the procedure of amendment prescribed by Article
368 (2).
(Para 524)
The words ‘constituent power’ were advisedly used in Art 368 (1) (as
introduced by the Constitution 24th Amendment Act) so as to clarify the
position and not to put in or to include anything beyond constitution making
power in Article 368.
(Para 576)
The ‘‘constituent power’’ is still bound by the exclusively prescribed
procedure to ‘‘amend by way of addition, variation, or repeal’’ any provision of
the Constitution. It is entirely a law making procedure elaborately set out in
clause (2). The absence of any quasi-judicial procedure, from the
comprehensively framed procedural provisions of Art. 368, seems extremely
significant. It indicates that it was the clear intention of Constitution makers
that no judicial or quasi-judicial function could be performed by parliament
whilst operating in the special constituent field of law making. An omission