Supreme Court · 2002 INSC 445 · Decided 28 October 2002
Special Reference NO. I of 2002 v. .
- Court
- Supreme Court of India
- Citation
- 2002 INSC 445 · [2002] SUPP. 3 S.C.R. 366
- Case number
- REF. U/S 143 No. 1/2002
- Decided
- 28 October 2002
- Bench
- B.N. KIRPAL, V.N. KHARE, K.G. BALAKRISHNAN, ASHOK BHAN, ARIJIT PASAYAT (5-judge bench)
- Outcome
- Reference answered
- Acts & sections cited
- Constitution Article 174(1), 143(1)
Headnote
Constitution of India, 1950: Arti~les 174(1) and 324-Applicability of-Held, Art. 174(1) is applicable to an- existing and funCtional Legislative Assembly and not to a dissolved C Assembly -It neither relates to elections nor provides any outer limit for holding elections for constituting of the preparation of electoral roll and conduct of holding elections for constituting Legislative Assembly is in the exclusive domain of the Election Commission under Article 324-Hence, Article 174(/) and D Article 324 operate on different fields-Neither Article 174(1) is subject to Article
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