Sindia is a Sovereign Socialist Secular Democratic Republic country which gained independence in

the year 1947 with 29 states as of 2023. Sindian Democratic Party and Sindian Conservative party are
the two major political parties in the centre. In 2023 Sindia surpassed its neighbour Mandrina in
population and became the world's most populated country. As per UN there is tremendous growth in
population with 0.8 % per year and will continue to top table till 2070.

2. The literacy rate in the country has improved to 77% and contrary to the expectation this has not
contributed to political participation. The voter turnout since 2018 general election is 65-70 % on
average as against the 46% registered in the first general elections, which is disproportionate to the
increased population and literacy in Sindia. However, the election commission has its own share of
issues like funding problem, increasing and fluctuating population, voter turnout etc. Till date, the
country has seen 26 Chief Election Commissioners. The office of the Chief Election Commissioner is
considered the most unstable, as in the past 10 years 7 Chief Election Commissioners have vacated the
office before completing even 3 years continuously in office.

3. The opposition parties, during each election, have alleged the Government of political favourism
and bias in the appointment of Election Commissioner. Especially in 2014, huge uproar came after the
general election Chief Election Commissioner was immediately changed before the State election
covering 7 states. The country witnessed the same party rule in centre and state till 1970s, after which
few states witnessed the rise of regional parties to the extent of exclusion of national parties too.
Akalistan, Thai Nadu and Mallunadu witnessed regional parties’ growth very strongly and other states
joined later.

4. However, the fact that went on record was that no coalition government continued in office for a
second consecutive term. The government came to power in January 2023 and immediately an
Electoral Study Commission under former Supreme Court Judge Mr. Subba Rao was appointed to
consolidate and study the electoral law and submit report. The commission studied consolidated and
submitted report in October 2023. Meanwhile the Chief Election Commissioner and 10 State
Governors were replaced by the central government in October 2023.

5. In the midst of the criticism the government in line with the report by the Electoral Study
Commission, within 6 months made the Constitutional and statutory amendments which received the
assent of the President on 31st December 2023. The law minister held that “the amendment is the need
of the hour in Sindia’s journey to successful democracy with growing population”. The government
made the following amendment in the constitution marking the 106th amendment of the constitution
of Sindia.
Art 164 (1) - The Chief Minister shall be appointed by the Governor and the other Ministers shall be
appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office
during the pleasure of the Governor: Wherein no party won a majority the Governor shall in
consultation with the Election commissioner call upon the party or pre poll alliance. The article shall
have overriding effect over any law prevailing pertaining to appointment of Chief Minister. Any law
to the extent of inconsistency shall be inoperative. Provided that in the states of Chandugraha, Ranji
Pradesh, Madhya Sindia, Bhubaneswara, there shall be a Minister in charge of tribal welfare who in
addition be in charge of the Scheduled Castes and backward classes or any other work. Amendment
pertaining to Election Commission.

7. Modified- Art 324 (2)-The Election Commission shall consist of the Chief Election Commissioner
and such number of other Election Commissioners, if any, as the President may from time to time fix
and the appointment of the Chief Election Commissioner and other Election Commissioners shall,
subject to the provisions of any law made in that behalf by Parliament, be made by the President by
warrant under his hand and seal after consultation with Selection committee. The Selection Committee
will consist of the Chief Justice of Sindia or a Supreme Court judge, Chief election commissioner in
office, Prime Minister, and Leader of Opposition in both the houses.

8. (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of
office of the Election Commissioners and the Regional Commissioners shall be such as the President
may by rule determine: Provided that the Chief Election Commissioner shall not be removed from his
office except in like manner and on the like grounds as a Judge of the Supreme Court and the Article
64 shall apply as to procedure of removal of chief election commissioner and the conditions of service
of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment. The
article shall have overriding effect over any law prevailing pertaining to Chief Election Commissioner.
Any law to the extent of inconsistency shall be inoperative.

9. Amendment Pertaining to Representation of Peoples Act 1951 Added SEC 62 A-

COMPULSORYVOTING (1) All citizens eligible to vote shall vote compulsorily. However the
election commission shall be empowered to exclude certain classes or category of people from clause
(1) with reasonable consideration and enlist the legitimate exceptions for non-voting. (2) The
Returning Officer shall, at the close of each election, prepare a list of the numbers, names and
descriptions as stated in the register of electors of such electors as have failed to vote at the election
and certify the list under his hand. Notice shall be issued to the nonvoting elector. (3) A Special Court
shall be constituted in every State in consultation with High Court for hearing challenges pertaining to
non-voters. Matters pertaining to the number of courts, jurisdiction, procedure, limitation period,
appeal and any other incidental matters shall be determined by respective High court. (4) The non-
voter on receipt of notice may challenge the validity in the election court and the Election commission
shall institute case for non-voter with 4 consecutive notices. The nonvoter has to provide a legitimate
reason for his/her abstention to avoid further sanctions, if any exist. Sec 62B-The non-voter with 4
consecutive notices shall be punished with fine or declared ineligible for application and employment
in government jobs or non-issuance or confiscation of passport or Disfranchisement from the voters
list. The Provision shall have overriding effect over any law prevailing. Any law to the extent of
inconsistency shall be inoperative.
10 Lot of uproar came in country calling amendment unnecessary, colorable and incomplete. The
matter became a very big media sensation stating that the amendment as an early step for Sindia is
changing the constitutional structure and ambitions pertaining to Election Commission. Association
for Democracy, an association founded in 1977 by a founding member and former Sindian
Conservative Party member and Common Cause Association, an NGO challenged the validity of the
amendment.

It is humbly submitted to Hon’ble Supreme Court following are the issues framed and raised in the
matter of Association for Democracy Common cause Association vs. the Union of Sindia.
1. WHETHER THE AMENDMENT PERTAINING TO APPOINTMENT OF CHIEF
MINISTER AFFECTS THE CONSTITUTIONAL POITION OF GOVERNOR?

2. WHETHER THE AMENDMENT PERTAINING TO CHIEF ELECTION COMMISSIONER

TRANSGRESSES THE CONSTITUTIONAL LIMITATIONS AND PRINCIPLES?

3. WHETHER THE AMENDMENT IN THE REPRESENTATION OF PEOPLES ACT IS

CONSTITUTIONALLY VALID?