Presentation of Nomination Paper and

PARTIES: Kuldip Nayar v. Union of India Material Defects

COURT OF LAW: Hon’ble Supreme Court of India

CASE NUMBER: Writ Petn. (C) No. 217 with 262, 266, 305 of 2004,, decided on
22/08/2006

EQUIVALENT CITATION: (2006) 7 SCC 1

QUORUM: Hon’ble Justice Y. K. SABHARWAL,Hon’ble Justice K. G.

BALAKRISHNAN,Hon’ble Justice S. H. KAPADIA, Hon’ble Justice C. K. THAKKER,
Hon’ble Justice P. K. BALASUBRAMANYAN , JJJ

ISSUES:

o Whether it is mandatory for a candidate of the Council of States to be a

“Resident/Domicile” of the state/constituency they are contesting the elections.

SUMMARY:

I. Issue 1

o The Hon’ble Supreme Court observed that the 2003 amendments made to

section 3 of the R.P. Act was not unconstitutional. The amendments removed

the requirement of residence or domicile in the electing state as a qualification

for election to Rajya Sabha.

o The Hon’ble Supreme Court held that these amendments do not violate the

basic features of federalism and in matters of qualifications, residence becomes

a qualification only if it is expressly stated in the constitution. Residence is not

an essence of the structure of the Upper House, hence, it is not a prerequisite of

federalism.

o The Hon’ble Supreme Court also clarified the words ‘representatives of the

states’ or ‘representatives of each state’ . The domiciliary link between Rajya

Sabha MP and State is not implicit. The said words connote persons who are

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 elected by the state Assemble to represent the state concerned in the Rajya

Sabha. They do not connote in any manner that the candidate must also be an

elector in the state itself.

RELEVANCE TO:

o Section 36 of the Representation of People Act: This Section covers the scrutiny

of nomination papers and gives detailed mandates about the presentation, time

and place of submission and the criteria for acceptance of a nomination paper.

REMEMBER:

The provisions of Article 243-C and 243-R, does not imply that a qualification of
residence or domicile in the State is a constitutional requirement for membership of
the Rajya Sabha

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