Gary Jeffrey Jacobsohn – Constitutional Principles in India: Context, Text and Subtext

In this research paper, Gary Jacobsohn analyses the 2017 judgment in Abhiram Singh v Commachen Case (Electoral Appeals Case) which dealt with the scope of “corrupt practices” under Section 123(3) of the Representation of Peoples Act, 1951. With a narrow verdict of 4:3, the majority interpreted Sec 123(3) to include ‘ascriptive’ electoral appeals made to both candidates as well as electorates. The minority opinion restricted the corrupt practices to only ascriptive appeals made by candidates. Gary Jacobsohn argues that the majority and minority opinions reflect two alternate visions of “Constitutional Identity” in India (Read More)