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Constitution (Amendment) Bill about Voter's right to recall elected representatives was introduced in Lok Sabha by C. K. Chandrappan in 1974 and Atal Bihari Vajpayee had supported this but the bill did not pass. [23] [24] This Right has been opposed by Election Commission of India and debated and highlighted in Indian politics. [25] [26] [27] [28]
Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinions". In Indian Express v. Union of India, [10] it has been held that the press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and ...
A new constitutional device, called Schedule 9 introduced to protect against laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law. Jawaharlal Nehru: Rajendra Prasad: 2nd: Amend article 81(1)(b). [8] 2 May 1953
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]". The term "law" in this article was interpreted as including a constitutional amendment.
The term right of recall can mean: The right of citizens to recall a representative or executive Right to Recall laws in India; The right of an employee under a collective bargaining agreement to be recalled to employment within a specified period after being laid off
A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which voters can remove an elected official from office through a referendum before that official's term of office has ended. Recalls appear in the constitution in ancient Athenian democracy. [1]
All pre-constitutional laws, if they conflict wholly or in part with the constitution, shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict; the law will again come into force if it is compatible with the constitution as amended (the Doctrine of Eclipse).