On what grounds may a statutory provision be challenged before the Court?

A statutory provision can be challenged either on the ground that it has been made by a legislature which lacks legislative competence to enact the law, or on the ground that there is a violation of a Fundamental Right in Part III of the Constitution. In this petition the former was not in issue.

Representation of the People Act 1951 — s.33(7) — Constitution of India — Art.14 — Art.19 — Contesting from more than one constituency — Legislative policy — Manifest arbitrariness — Representation of the People Act 1951 — s.33(7) — Matter of legislative policy — Held: Permitting a candidate to contest from more than one seat is a matter of legislative policy on which Parliament is legitimately entitled to make choices. Absent manifest arbitrariness implicating Article 14, or a violation of Article 19, the provision cannot be struck down. (¶12) Constitution of India — Grounds on which a statute may be challenged — Held further: A statutory provision can be challenged only on the ground that the legislature lacked competence to enact it, or that it violates a Fundamental Right in Part III. Legislative competence was not in issue here. (¶11) Representation of the People Act 1951 — s.33(7) — Cost of a consequent bye-election — Held further: That success in two seats compels one to be vacated and necessitates a bye-election which drains the public exchequer does not by itself result in the invalidation of a statutory provision. Petition dismissed. (¶10, 14)

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