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EC suggests 5 amendments to Constitution for simultaneous polls

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EC suggests 5 amendments to Constitution for simultaneous polls

Chief Election Commissioner OP Rawat, Photo Credit: Agencies

Election Commission backs proposal for simultaneous Lok Sabha and Assembly polls but says 5 Articles under the Constitution will have to be amended first

Close on the heels of Prime Minister Narendra Modi’s concerted campaign for simultaneous polls to the Lok Sabha and state assemblies, the Election Commission has written to the Union Law Ministry stating that while it backed the idea, at least five Articles under the Constitution will have to first be amended to make this major reform possible.

According to a report in the Times of India, the Election Commission has sent a detailed note to the Union Law Ministry on the legislative requirements that need to be met before the Modi government can actually go ahead with the idea of holding simultaneous elections. The details from the Election Commission were sought in response to a private member’s bill in Rajya Sabha.

The required amendments to the Constitution that the EC has pointed out pertain to five Articles which largely govern the duration and dissolution of the Lok Sabha and state assemblies.

An internal note of prepared on the issue by the law ministry after factoring in the suggestions of the Election Commission was reportedly accessed by the TOI. The TOI report says: “…EC said terms of state legislatures could be extended, or curtailed, to coincide with LS polls. Article 83, dealing with duration of Houses of Parliament may need amendment. Other Articles that may need amendment include Article 85, regarding dissolution of the Lok Sabha by the President; and Article 172, relating to duration of state legislatures, Article 174 relating to dissolution of state assemblies; and Article 356”.

Here’s what the Articles pointed out by the EC for relevant amendments state:

Article 83

“The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year as a time and not extending in any case beyond a period of six months after s the Proclamation has ceased to operate.”

(Relevant part regarding the Lok Sabha; the Article also talks about the Rajya Sabha but the amendment need not be made to the part concerning the Upper House as its term is not affected by the dissolution of the Lok Sabha or state assembly)

Article 85

Sessions of Parliament, prorogation and dissolution

(1) The President shall form time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session

(2) The President may from time to time

(a) prorogue the Houses or either House;

(b) dissolve the House of the People

Article 172

Duration of State Legislatures

“(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.”

Article 174

Sessions of the State Legislature, prorogation and dissolution

“(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session

(2) The Governor may from time to time

(a) Prorogue the House or either House;

(b) dissolve the Legislative Assembly.”

Article 356 – Outlines rules for declaration of President’s Rule in States

The TOI report also mentions that, despite the push for simultaneous polls by Prime Minister Narendra Modi and more recently also by President Ram Nath Kovind, the Election Commission has advised caution against implementing this ambitious plan without extensive discussions with all stakeholders. The report says that the Election Commission has told the Law Ministry: “Having regard to the federal structure of our system of governance, it is imperative that consensus of all state governments is obtained” on the issue of holding simultaneous polls to the Lok Sabha and state assemblies.

The poll panel has further noted: “In order to avoid premature dissolution, it may be provided that any ‘no-confidence motion’ moved against the government in office should also necessarily include a further ‘confidence motion’ in favour of a government to be headed by a named individual as the future PM and voting should take place for two motions together.”

It may be recalled that before his elevation as the Chief Election Commissioner, OP Rawat had indicated that the poll panel was in favour of the Prime Minister’s idea of conducting simultaneous elections for the Lok Sabha and state assemblies.

2024 Lok Sabha Elections

Brij Bhushan Sharan Singh’s son Karan gets BJP Lok Sabha ticket from Kaiserganj

Karan Singh Bhushan was on December 13, 1990. He competed at the national level in double trap shooting. He has a daughter and a son. Karan Singh Bhushan completed his Bachelor of Business Administration (BBA) and law from Dr Ram Manohar Lohia Avadh University.

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BJP on Thursday dropped sitting Kaiserganj MP Brij Bhushan Sharan Singh, who has been accused of sexual harassment by women wrestlers and gave a ticket to his son, Karan Bhushan Singh. Karan Bhushan, Brij Bhushan’s younger son, is the president of the Uttar Pradesh Wrestling Association. He is also the head of The Cooperative Bank in Nawabganj in Gonda district.

Karan Singh Bhushan was on December 13, 1990. He competed at the national level in double trap shooting. He has a daughter and a son. Karan Singh Bhushan completed his Bachelor of Business Administration (BBA) and law from Dr Ram Manohar Lohia Avadh University.

He has also holds a diploma in business management from Australia. Karan Bhushan Singh is presently the president of the Uttar Pradesh wrestling association. Earlier he was the senior vice president of the UP wrestling association. Elections will be take place in Kaiserganj in the 5th phase of Lok Sabha elections on May 20. Karan Bhushan Singh is likely to file his nomination from Kaiserganj on May 3.

There has been a lot of speculation and suspense on Brij Bhushan Sharan seat this time as the former Wrestling Federation of India (WFI) chief, who is also a 6-term MP, had been accused of sexual harassment by some of the India’s top wrestlers.

Many female wrestlers, including medallists, protested against the BJP leader and demanded his arrest over the charges of sexual harassment while he was serving the position of the WFI president. Wrestlers, including Sakshi Malik and Bajrang Punia, sat on a protest at the Jantar Mantar and demanded action against the Kaiseganj MP.

The Delhi Police later registered a case against Brij Bhushan Sharan Singh under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354D (stalking), 354A (sexual harassment) and 506 (criminal intimidation) of the IPC, on June 15, 2023. But he was granted bail on July 20, 2023.

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2024 Lok Sabha Elections

Rahul Gandhi criticises BJP, PM Modi for JD(S) alliance, seeking votes for a mass rapist

Rahul Gandhi was addressing an election rally in Karnataka’s Shivmogga where he said that PM Modi is seeking votes for a mass rapist. The Congress leader added that Narendra Modi, from a packed stage, supports that rapist and said: if the people of Karnataka vote for this rapist, it will help him.

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Congress leader Rahul Gandhi on Thursday said that the sex video  case involving Prajwal Revanna, the member of Parliament from Karnataka’s Hassan, is not just a mere sex scandal but of mass rape. He also criticised the BJP and Prime Minister Narendra Modi for the JD(S) and seeking votes for a mass rapist.

Rahul Gandhi was addressing an election rally in Karnataka’s Shivmogga where he said that PM Modi is seeking votes for a mass rapist. Prajwal Revanna raped a number of women and made their sex videos. The Congress leader added that Narendra Modi, from a packed stage, supports that rapist and said: if the people of Karnataka vote for this rapist, it will help him. Gandhi accused PM Modi of helping Revanna (former PM HD Deve Gowda’s grandson) escape from India.

Gandhi said even when Prajwal Revanna raped a number of women, the prime minister did not stop him from going to Germany. He said Prime Minister Narendra Modi has all the machinery, yet he allowed the mass rapist to flee to Germany. He took a sarcastic dig at PM Modi and said this is Modi’s guarantee. The Congress leader asserted that whether it’s a corrupt leader or a mass rapist, the BJP will always protect him.

Prajwal Revanna, the sitting MP from Hassan and the grandson of former PM HD Deve Gowda, has been accused of being in purported sex tapes. A number of pen drives allegedly contain his sexual assault videos which were circulated in Hassan, the Lok Sabha constituency from where he is the BJP-JD (S) candidate.

Most of the sex videos were recorded by Prajwal Revanna in his office and house. Initially, the Gowda family and the BJP termed the tapes as being doctored to tarnish the image of the family in elections but later, HD Kumaraswamy distanced himself from the tapes and said the police is investigating the matter.

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India News

SIT issues lookout notice for Prajwal Revanna in sex video case

A police officer, who is part of the SIT, confirmed to the media that a lookout circular has been issued at all the immigration points to detain Prajwal Revanna, said to be in Germany, as soon as he enters the country.

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The Special Investigation Team (SIT), probing the sex tapes case involving JD(S) Lok Sabha candidate Prajwal Revanna, on Thursday issued a lookout notice against him. The notice was issued at all immigration points all over the world. The development comes as Revanna allegedly fled to Frankfurt, Germany on April 26, as a huge cache of explicit videos and photographs showing him indulging in the sexual abuse of several women went viral on social media platforms.

Prajwal Revanna is the grandson of former prime minister and JD(S) patriarch HD Deve Gowda and son of former minister HD Revanna, is seeking re-election from Hassan on the JD(S) ticket. The JD(S) MP faces sexual assault charges and has sought 7 days to appear before the Special Investigation Team probing the matter.

Prajwal Revanna and his father, DD Revanna have been issued notices to appear before the SIT for questioning. The Hassan MP informed the SIT team that he is currently outside Bengaluru. A case has been registered against both HD Revanna and his son Prajwal Revanna at Holenarasipura based on a complaint lodged by their former cook and relative for sexually harassing her.

She alleged that Prajwal Revanna made video calls to her daughter and spoke in an objectionable manner, which forced her to block his phone number. The FIR was referred to the SIT, led by BK Singh, Additional Director-General of Police, Criminal Investigation Department, formed to probe the alleged sex scandal involving Prajwal Revanna, after many explicit videos were circulated on social media.

The National Commission for Women (NCW) has demanded a comprehensive report within 3 days from the Karnataka Police regarding allegations of sexual misconduct against Prajwal Revanna. The NCW expressed grave concern over the circulation of a number of obscene videos on social media, which showed Prajwal Revanna sexually assaulting number of women.

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