us to understand what an actual democracy is. In the real word, R. A. Dahl
has pointed out that, democracies are 'polyarchies'. The term democracy has
not only a descriptive or denotative function but also a normative and
persuasive function. Therefore, the problem of defining democracy is two-fold,
requiring both a descriptive and prescriptive function. To avoid pitfalls, it is
necessary to keep in mind two things – first, that a firm distinction should be
made between the is and the ought of democracy, and, second, that the
prescriptive and the descriptive definitions of democracy must not be
confused, because the democratic ideal does not define the democratic reality
and vice versa: the real democracy is not and cannot be the same as the ideal
one. * One cannot test the validity of an ordinary law with reference to the
essential elements of an ideal democracy. It can be tested only with reference
to the principles of democracy actually incorporated in the Constitution.
349. Nor can it be tested on the touchstone of justice. The modern Pilate
asks. What is justice? and stays not for an answer. To Hans Kelsen, justice is
an irrational ideal, and regarded from the point of rational cognition, he
thinks there are only interests and hence conflict of interests. Their solution,
according to him, can be brought about by an order that satisfies one interest
at the expense of the other or seeks to achieve a compromise between
opposing interests. "General Theory of Law and State" 1946, p. 13. Mr. Allen
has said that the concept of social justice is vague and indefinite. "Aspects of
Justice" p. 31. Liberty of thought, expression, belief, faith and worship are
not absolute concepts. They are emotive words. They mean different things to
different people. Equality of status and of opportunity are concepts laden
with emotional overtones. In their absoluteness they are incapable of actual
realisation. The enacting provisions in the body of the Constitution alone give
concrete shape to these ideas and it is on the basis of these provisions that
the validity of ordinary law should be tested.
350. The democracy which our Constitution-makers established is based
on the representation of the people in the law-making organs. The method by
which this representation has to be effectuated has been provided in the
Constitution. Part XV of the Constitution deals with the topic of elections.
Article 326 provides that elections to the House of the people and to the
legislative assemblies of State should be on the basis of adult suffrage.
Articles 327 and 328 provide for making of laws with respect to all matters
relating to, or in connection with, elections to either House of Parliament or
to the House or either House of the Legislature of a State including the
preparation of electoral rolls, the delimitation of constituencies and all other
matters necessary for securing the due constitution of such House or Houses.
The validity of any law relating to the delimitation of constituencies or the
allotment of seats to the constituencies, made or purporting to be made under
Article 327 or Article 328 shall not be called in question in any court (see
Article 329 (a).
351. This would indicate that the Constitution has entrusted the task of
framing the law relating to election to parliament, and, subject to the law
made by parliament to the State legislatures. An important branch of the law
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