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Issues Involved:
1. Applicability of Article 174 to dissolved Legislative Assembly. 2. Relationship between Article 174 and the powers of the Election Commission under Article 324. 3. Time limit for holding elections after the premature dissolution of a Legislative Assembly. 4. Role of Article 356 in the context of non-compliance with Article 174. 5. Duty of the Election Commission to ensure free and fair elections. Detailed Analysis: 1. Applicability of Article 174 to Dissolved Legislative Assembly: Article 174(1) stipulates that six months shall not intervene between the last sitting in one session and the date appointed for its first sitting in the next session. The Court clarified that this provision is mandatory for an existing, live, and functional Legislative Assembly and not applicable to a dissolved Assembly. The term "its last sitting in one session and the date appointed for its first sitting in the next session" clearly indicates that the provision is meant for a functioning Assembly, not a dissolved one. Historical legislative developments and Constituent Assembly debates support this interpretation, showing that Article 174 was intended for existing Houses and not for dissolved ones. 2. Relationship Between Article 174 and the Powers of the Election Commission Under Article 324: Article 174 and Article 324 operate in different fields. Article 174 deals with the summoning, proroguing, and dissolving of the Legislative Assembly, while Article 324 grants the Election Commission the superintendence, direction, and control of elections. The Court emphasized that Article 174 does not relate to elections, and the Election Commission's duty to conduct free and fair elections under Article 324 is not subject to Article 174. Therefore, the Election Commission's powers under Article 324 are not overridden by Article 174. 3. Time Limit for Holding Elections After the Premature Dissolution of a Legislative Assembly: The Court found no explicit provision in the Constitution or the Representation of the People Act, 1951, prescribing a time limit for holding elections after the premature dissolution of a Legislative Assembly. However, the Court noted that the Election Commission should initiate immediate steps to hold elections and ensure that a new Assembly is constituted at the earliest. The practice of holding elections within six months from the date of the last sitting of the dissolved Assembly was acknowledged as a healthy convention, but it is not a constitutional mandate. 4. Role of Article 356 in the Context of Non-Compliance with Article 174: The Election Commission's suggestion that non-compliance with Article 174(1) could lead to the invocation of Article 356 was addressed. The Court clarified that Article 356, which deals with the failure of constitutional machinery in a State, is not automatically triggered by the non-compliance of Article 174. The Election Commission's written submission also clarified that the reference to Article 356 was not meant to suggest its automatic application. 5. Duty of the Election Commission to Ensure Free and Fair Elections: The Court reiterated that the Election Commission is under a constitutional duty to conduct free and fair elections at the earliest after the dissolution of the Assembly. The Commission must use all available resources to ensure the timely conduct of elections. The Court emphasized that the Election Commission's decisions should be just, reasonable, and aimed at maintaining the democratic process. The Election Commission's role in coordinating with the Union and State governments to ensure free and fair elections was highlighted, but it was clarified that Article 174 does not impose any duty on the Election Commission in this regard. Conclusion: 1. Article 174(1) is mandatory for a live and functional Legislative Assembly and not applicable to a dissolved Assembly. 2. Article 174 and Article 324 operate in different fields, and the Election Commission's powers under Article 324 are not subject to Article 174. 3. There is no explicit time limit for holding elections after the premature dissolution of a Legislative Assembly, but the Election Commission should act promptly. 4. Non-compliance with Article 174 does not automatically trigger Article 356. 5. The Election Commission must ensure free and fair elections at the earliest, using all available resources.
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