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Issues Involved:
1. Applicability of Article 174 to a dissolved Legislative Assembly. 2. Period of limitation for holding fresh elections after premature dissolution. 3. Powers of the Election Commission in framing the election schedule. 4. Application of Article 356 in the context of the Election Commission's order. Summary: Issue 1: Applicability of Article 174 to a Dissolved Legislative Assembly - The Supreme Court held that Article 174(1) of the Constitution, which mandates that six months shall not intervene between the last sitting in one session and the first sitting in the next session, applies only to an existing, live, and functional Legislative Assembly and not to a dissolved Assembly. The provision is mandatory for the frequency of sessions of a live Assembly but does not provide any period of limitation for holding fresh elections after the premature dissolution of the Assembly. Issue 2: Period of Limitation for Holding Fresh Elections - The Court found no express provision in the Constitution or the Representation of the People Act, 1951, prescribing a period of limitation for holding elections to constitute a new Legislative Assembly after the premature dissolution of the existing one. However, it was inferred that elections should be held within six months from the date of dissolution to maintain the democratic process. Issue 3: Powers of the Election Commission in Framing the Election Schedule - The Supreme Court affirmed that the power to frame the schedule or calendar for elections to constitute the Legislative Assembly lies exclusively with the Election Commission. This power is not subject to any law made by Parliament or State Legislature. The Election Commission's role in conducting periodic, free, and fair elections is part of the basic structure of the Constitution. Issue 4: Application of Article 356 - The Court noted that the Election Commission's reference to Article 356 in its order was a precautionary measure and not a basis for its decision. Given the interpretation of Article 174(1), the question of applying Article 356 in this context was deemed unnecessary to address further. Conclusion: - The Reference made by the President of India under Article 143(1) was answered, clarifying that Article 174(1) does not apply to a dissolved Legislative Assembly and does not set a period for holding fresh elections. The Election Commission has exclusive authority to schedule elections, and the application of Article 356 was not required to be examined in this context.
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