JAMIA MILLIA ISLAMIA

FACULTY OF LAW

JURISPRUDENCE ASSIGNMENT

• NAME: AYAN ANSARI

• STUDENT ID: 202202494

• COURSE: B.A.L.L.B (H) SELF FINANCE

• SESSION: 4TH SEMESTER 2023-24

TOPIC: MISUSE OF POWER VIOLATES THE BASIC

STRUCTURE DOCTRINE: A CASE STUDY OF
CHANDIGARH MAYOR ELECTION

SUBMITTED TO: DR. SOHAIL NAZIM

ACKNOWLEDGEMENT
Firstly, I would like to express my profound sense of gratitude towards the almighty ‘Allah’
for providing me with the authentic circumstances which were mandatory for the completion
of my project. Secondly, I am highly indebted to ‘Dr. Sohail Nazim’ at Faculty of Law,
Jamia Millia Islamia University at New Delhi for providing me with the constant
encouragement and guidance throughout the preparation of this project. My cardinal thanks
also for my parents, friends and all teachers of law department in our college who have
always been the source of my inspiration and motivation without which I would have never
been able to unabridged my project. Without the contribution of above the said people I could
have never completed this project.
Introduction

Modern societies are built on the dynamic interplay between power and governance, where the
balance between accountability and authority builds democratic structures from the inside out.
But when authority is exercised unfairly or against accepted conventions, it not only threatens
the democratic process but also erodes the fundamental values that form the basis of societies.
This basic premise serves as the central claim in the discussion of power abuse, especially in
relation to constitutional frameworks.

The Basic Structure Doctrine (BSD), which maintains that some essential elements of a
constitution are unchangeable and outside the purview of ephemeral political majorities, is a
cornerstone of democratic governance history. The BSD ensures that the fundamentals of
constitutionalism are upheld even in the face of political expediency, acting as a safeguard
against the weakening of democratic values.

The case study of the 2024 Chandigarh mayoral election provides a powerful example of the
dangers of power abuse in democratic institutions within this general framework. The election
played out as an isolated instance of the larger conflicts between democratic standards and
political scheming against the background of a highly contentious electoral process marked by
complex power dynamics and conflicting interests.

This paper explores the complexities of the 2024 Chandigarh mayoral election, analysing the
choices made and the events that took place to show how the abuse of power posed a threat to
the fundamental principles of democratic administration. This study seeks to unravel the
complexities of power dynamics within the realm of electoral politics.

This research attempts to provide light on the complex relationship between power and
democratic institutions by using a multidimensional analysis. With a view to promoting
increased caution and responsibility in the use of authority, this research seeks to advance
knowledge of the ways in which the abuse of power can compromise the integrity of
democratic governance.
Chandigarh Municipal Corporation and the Mayor
The Chandigarh Municipal Corporation (MCC) is the governing body of the capital cities of
Punjab and Haryana.
In accordance with the Punjab Municipal Corporation Act of 1976, the MCC was established
inside the Union Territory of Chandigarh.
In India, each town and city are governed by a municipal corporation, which is led by a
mayor. The mayor of a city is the first citizen of that city
Even though they are nominally chosen from among the corporators, city mayors are
ceremonial positions, and the state government appoints the municipal commissioner of
corporations and his staff, who are selected from the IAS cadre, to look after the executive,
financial, and administrative powers in the corporation.

Key Provisions for Urban Government in India

The 74th Constitutional Amendment Act has added a new Part IX-A to the Constitution of
India. This part is entitled as ‘The Municipalities’ and consists of provisions from Articles
243P to 243-ZG.
In addition, the act has also added a new Twelfth Schedule to the Constitution. This schedule
contains eighteen functional items of municipalities. It deals with Article 243-W.
The act gave constitutional status to the municipalities. It has brought them under the purview
of the justiciable part of the Constitution.

Election and Tenure

The method of electing mayor and their tenure varies for each city in India. Chandigarh has an
indirect election system; Mumbai, Maharashtra, has an indirect election system with a 2.5-
year term; and Bhopal, Madhya Pradesh, has a directly elected mayor with a five-year term.
In their Acts governing Municipalities, the Indian States of Haryana, Madhya Pradesh,
Jharkhand, Uttar Pradesh, Chhattisgarh, Uttarakhand, and Odisha established provisions
allowing city residents to directly elect mayors.
Indian city mayors have terms ranging from one to five years. 1

What precisely took place in the Chandigarh municipal elections

1 Information Technology Act 2000, India, available at: https://en.wikipedia.org/wiki/Mayor_(India) (last visited
on April 28, 2024)
With 16 votes, Sonkar won, and the partnership between the AAP and Congress received 12
votes. Masih declared eight votes invalid. Anil Masih, a former BJP general secretary of the
minority morcha cell and a nominated councillor, was accused by the opposition. They used
videos purporting to show his fiddling with ballot papers to approach the Supreme Court as
well as the High Courts of Punjab and Haryana.

Regulation 6 of the Chandigarh Municipal Corporation (Procedure and Conduct of

Business) Regulations 1996, a ballot can be invalid only under three circumstances:

1) More than one vote is cast.

2) There is any mark identifying the voter.

3) The marks are placed in an ambiguous manner making it doubtful to whom the vote is
cate.

How did the numbers stack up before the election?

In the Municipal Corporation, the AAP had thirteen council members while the Congress had
seven. This resulted in an advantage of 20 out of the 35 members of the House. Thanks to the
votes of the Chandigarh MP, an ex officio member of the House, and its 14 council members,
the BJP received 15 votes. The MP for Chandigarh is Kirron Kher of the BJP. The House has
one councillor from Akali Dal, a former BJP ally.
The Chandigarh Mayor is elected annually from the elected councillors of the city, serving a
one-year term.

What were the SC’s initial observations?

The Supreme Court declared on February 5 that it would "not allow democracy to be
murdered" and that "it was obvious he defaced the ballot papers" after watching the footage
of Anil Masih's actions.
On February 19, Masih was requested to appear before the court. This man ought to be
prosecuted, the bench led by Chief Justice of India DY Chandrachud had noted sharply. This
is democracy made fun of. Democracy is being murdered by him. Does an official have to
conduct elections in this manner? We are horrified by his actions. 2

Supreme Court’s Verdict: On February 20, 2024, the Supreme Court issued its decision,
nullifying the preliminary findings and announcing the opposition coalition candidate as the
legitimate winner.
The Indian Supreme Court reversed the election results by invoking Article 142 of the
Constitution.

Why did the Supreme Court invoke Article 142?

The Supreme Court invoked Article 142 to ensure justice and uphold the sanctity of the
Electoral process in the Chandigarh mayoral election.

The election was marred by irregularities because of the illegal actions of the presiding
officer, who declared the winner incorrectly by nullifying eight votes voted in favor of his
opponent.

What is Article 142 of the Indian constitution?

 Empowering the Supreme Court:

The Supreme Court is empowered under Article 142 3 to issue any decree or order required to
ensure that any case or subject that is before it receives full justice. Since these rulings or
decrees are enforceable throughout India, they are important instruments for judicial action.

 Transcending Legal Limitations:

In order to guarantee justice for all parties concerned, Article 142 empowers the Supreme

2 Hina Rohtaki,”AAP candidate winner after SC intervention:what exactly happened during the Chandigarh
mayor elections”, Indian Express,20th February 2024 available at
https://indianexpress.com/article/explained/explainedpolitics/what-happened-during-the-
chandigarhmayorelections-9169696/ (last visited on 28th April 2024)
3 The Constitution of India, art. 142. 4

The Constitution of India, art. 32.

Court to go beyond the parameters of current statutes or laws. It permits the Court
to perform duties beyond decision-making, such as
acting in executive and legislative capacities when needed.

Article 324, which guarantees the right to constitutional remedies, Article 141 4, which requires
all Indian courts to follow the Supreme Court's rulings, and Article 136, which permits the
Special Leave Petition, all provide support to Article 142.

The term "judicial activism" refers to this communal framework. This idea has frequently
resulted in the Supreme Court overturning laws passed by parliament in order to provide
"complete justice".

However, Article 142 is not without its limitations and challenges.

• It may encroach upon :

1. The Principle of separation of powers

2. The Domain of the executive and the legislature
3. May invite criticism of judicial overreach

 Intervening in Public Interest Matters:

A case involving the public interest, human rights, constitutional principles, or fundamental
rights may be taken up by the Supreme Court under this Article.
This reinforces the Court's role as a guardian of the constitution and ensures protection against
violations or infringements.

Conclusion

The Chandigarh Mayor election of 2024 stands as a stark reminder of the fragility of
democratic processes when subjected to the unchecked ambitions of those in positions of
power. At the heart of this electoral saga lies the egregious violation of democratic norms and

4 The Constitution of India, art. 141.

the subversion of constitutional principles by a presiding officer entrusted with the sacred duty
of upholding the integrity of the electoral process. The revelation of ballot paper tampering,
orchestrated by the very individual tasked with ensuring fairness and impartiality, constitutes
a flagrant abuse of power that strikes at the very core of the Basic Structure Doctrine.

By fiddling with the sanctity of the ballot papers, the presiding officer not only betrayed the
trust placed in them by the electorate but also undermined the foundational principles upon
which democratic governance rests. The act of tampering with ballots represents a direct
assault on the fundamental right of citizens to freely express their will through the electoral
process, thereby eroding the bedrock of democracy itself.

In violating the Basic Structure Doctrine, the presiding officer demonstrated a dangerous
disregard for the principles of constitutionalism and the rule of law. The doctrine, conceived
as a bulwark against arbitrary exercises of power, serves to safeguard the core tenets of the
constitution from encroachment by transient political interests. However, the blatant
manipulation of the electoral process in the Chandigarh Mayor election of 2024 illustrates the
vulnerability of democratic institutions in the face of unchecked authority.

The ramifications of such misconduct extend far beyond the confines of a single electoral
event, reverberating throughout the broader democratic landscape. They underscore the urgent
need for robust mechanisms of accountability and oversight to prevent the abuse of power and
uphold the sanctity of democratic norms. Only through steadfast adherence to the principles of
transparency, fairness, and constitutionalism can societies safeguard against the erosion of
democratic governance and ensure that the misuse of power finds no quarter within the
hallowed halls of governance.

Bibliography
Websites:

▪ Information Technology Act 2000, India, available at: https://en.wikipedia.org/wiki/Mayor_(India) (last

visited on April 28, 2024)
▪ Hina Rohtaki,” AAP candidate winner after SC intervention: what exactly happened during the
Chandigarh mayor elections”, Indian Express,20th February 2024 available at
https://indianexpress.com/article/explained/explained-politics/what-happened-
duringthechandigarhmayor-elections-9169696/ (last visited on 28th April 2024)

Book:
▪ MP Jain, Constitutional Law, (8th Ed, Lexis Nexis,2018