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Will simultaneous polls to Lok Sabha and state assemblies become a reality by Feb-March 2019?

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Will simultaneous polls to Lok Sabha and state assemblies become a reality by Feb-March 2019?

By Puneet Nicholas Yadav

Lok Sabha deputy Speaker M Thambidurai writes to CMs seeking views on holding federal and provincial polls together, EC says it’ll be ready by Sept 2018

Could Prime Minister Narendra Modi and his BJP soon set the wheels in motion for amendments to the Constitution and other legislations that govern the conduct of federal and provincial elections to ensure that simultaneous polls to the Lok Sabha and state assemblies become a reality by February-March 2019?

A letter written by Lok Sabha deputy Speaker and senior AIADMK leader M Thambidurai to the Prime Minister in August and to chief ministers of all states a few weeks later not only endorses the proposal but also proposes that simultaneous elections to the Lok Sabha and state assemblies be held by “end-February or early-March 2019”.Will simultaneous polls to Lok Sabha and state assemblies become a reality by Feb-March 2019?The Election Commission (EC) has already given clear indications that it would be ready to hold simultaneous polls by September 2018.

On Wednesday, while attending a function in Bhopal to launch the ERONet software (to check inaccuracy and duplicity in electoral rolls), Election Commissioner OP Rawat had told mediapersons that the government had sought a response from the EC on conduct of simultaneous state and national polls.

Rawat said that the EC would require around 40 lakh electronic voting machines equipped with voter-verifiable paper audit trail (VVPAT) apparatus for holding the simultaneous polls and confirmed that orders for these had been placed by two government agencies. The Election Commissioner said that the poll panel had been allocated Rs 3400 crore for procuring the additional EVMS and Rs 12000 crore for the VVPAT equipment and added that “We will be logistically ready to hold simultaneous polls by September 2018”

Rawat, however, qualified his comments by insisting that “it is up to the government to take a decision and make necessary legal amendments” for conducting the polls simultaneously.

The Election Commissioner’s comments, when read in reference to the remarks made by Thambidurai in his letter to PM Modi (datedAugust 21) and to chief ministers (dated September 13) – copies of which are in possession of APN – show that there is a clear effort to rollout the big electoral reform soon.

In his letter to the Prime Minister, Thambidurai says: “presently, there is a strong report doing the rounds on this (holding of simultaneous polls)… so, to give a bright start to this idea, end-February or early-March 2019 could be taken as the baseline for holding such simultaneous elections.”

M ThambiduraiThambidurai also addresses a key argument being made against the proposal by the likes of former chief election commissioner SY Quraishi and other election experts – what would the government or EC do if a state government fails to complete its full term in the event of failing a floor test or some other unforeseen situation? Will all state assemblies and the Lok Sabha then be dissolved to have another round of simultaneous polls?

Thambiduari suggests in his letter to Modi: “in the unfortunate event of some State (assembly) getting dissolved in between, then the elections to such states can be held only for the remaining period of the term and not for five years (the usual term of an assembly or Lok Sabha) from then on. This will be in tune with the by-elections that are held to elect MPs or MLAs where they are elected only for the remaining term of Lok Sabha or the State Assemblies and not for the five years from the date of their election.”

The Lok Sabha deputy Speaker goes on to say: “the elections to the States that are likely to go to polls from now on and till March 2019 can be postponed (till Feb-March 2019). Likewise, the elections to the States that are likely to go to polls for at least one year after 2019, can be preponed to hold simultaneous polls in 2019. Those States that are likely to go to polls beyond that period and till 2024 can have shorter Assembly terms so that they can also be taken on-board for simultaneous elections in 2024 along with the general elections”.

Thambidurai has proposed that if the government adopts his formula then “elections to all State Assemblies and the Lok Sabha can be held together simultaneously in 2024 and every five years thereafter”.

It remains to be seen whether or not the Centre and the EC adopt the Lok Sabha deputy Speaker’s formula for simultaneous polls. However, it is certain that the radical electoral reform would face stiff resistance from opposition parties, especially the likes of Congress, Trinamool Congress and CPM who are ruling various states and wouldn’t want the term of their government’s cut short to give an obvious electoral advantage to the BJP, which at least for now seems invincible in its victory march at the hustings.

There are also a host of other technical and operational problems that the poll panel will need to address before venturing out to implement the proposal.

As former CEC SY Quraishi said in an article he wrote for India Legal – APN’s sister-concern – recently: “while the idea (of simultaneous polls) is desirable, it is doubtful whether it is feasible.”

Read full article here: Simultaneous Polls: Desirable But Not Feasible

Quraishi cited multiple hurdles in implementing the reform:

“Let us first consider a practical constraint. Even if elections were to be held simultaneously, every state and every assembly will witness its own political course. What is one to do if a particular state witnesses an upturned majority in case a few of the MLAs decide to shift their “loyalty”? How are simultaneous elections to be continued in such a scenario? Or, as was the case in 1998, what happens if the Lok Sabha is dissolved within 13 days? Do we also dissolve all democratically elected state assemblies for reasons beyond the states’ boundaries?”

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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India News

Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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