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Case Comment - In re Gujarat Assembly case:

Analysing its Relevance in light of the Bihar and West Bengal Legislative Assembly Elections amidst the Covid-19 Pandemic


Author: Deepsikha Bhowal, Student (LL.M), National Law University, Odisha, India

ABSTRACT The Constitution of India provides for an independent and impartial body to conduct free and fair elections in India, which is the Election Commission. In re Gujarat Assembly case poses some very pertinent questions with regard to the powers of the Election Commission with regard to conduct of elections, as granted under the Constitution. We are currently going through a global pandemic which has made the process of conducting elections extremely difficult as well as uncertain. The Bihar and West Bengal Legislative Assembly elections are scheduled to take place very soon and the pandemic has raised questions as to whether that would be possible or not and whether the Commission can delay the process. If so, would that result in imposing the President’s Rule? The present case too dealt with a situation in which it was not possible for the Commission to conduct fresh elections immediately after the Legislative Assembly of the State of Gujarat was dissolved. Thus, it is important to view the judgment in light of the present scenario and know how the matter was dealt with by the Supreme Court.

Keywords: Elections, Covid-19 pandemic, Gujrat Assemble case.

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