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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.

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BJP releases first list of 47 candidates for Kerala assembly polls

The BJP has released its first list of 47 candidates for the Kerala Assembly elections scheduled for April 9, including three former Union ministers.

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BJP releases list of candidates

The Bharatiya Janata Party (BJP) on Monday released its first list of 47 candidates for the upcoming Kerala Assembly elections scheduled for April 9.

Voting will take place for all 140 seats in the state assembly, with counting of votes scheduled for May 4. A party or coalition needs at least 70 seats to secure a majority in the House.

Among the candidates announced in the first list are three former Union ministers — Rajeev Chandrasekhar, V. Muraleedharan and George Kurian.

Key candidates announced

Kerala BJP chief and former Union minister Rajeev Chandrasekhar has been fielded from the Nemom assembly constituency. In the 2024 Lok Sabha election, Chandrasekhar lost the Thiruvananthapuram seat to three-time MP Shashi Tharoor, but he led in the Nemom assembly segment during that contest. The party believes this performance strengthens its prospects in the constituency.

Nemom has held political significance for the BJP since 2016, when senior leader O. Rajagopal won the seat and became the party’s first-ever MLA in the 140-member Kerala Legislative Assembly. The victory marked the BJP’s initial breakthrough in the state assembly.

However, the seat returned to the Left camp in the 2021 Assembly election when V. Sivankutty defeated BJP leader Kummanam Rajasekharan.

Former Union minister V. Muraleedharan will contest from the Kazhakoottam constituency, while George Kurian has been nominated from Kanjirappally.

Other candidates in the list

According to the list released by the party, several other candidates have also been announced for key constituencies. P. C. George will contest from Poonjar, R. Sreelekha from Vattiyoorkavu and Padmaja Venugopal from Thrissur.

The BJP has also nominated Sobha Surendran from Palakkad, Navya Haridas from Kozhikode North and Kavitha K. S. from Sulthanbathery, a reserved constituency.

Raji Prasad will contest from the Kunnathur seat reserved for Scheduled Castes, while R. Rashmi has been fielded from Kottarakkara.

Political backdrop in Kerala

Kerala’s electoral politics has traditionally alternated between the Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF). However, the BJP has been attempting to expand its presence in the state.

The alternating trend was interrupted in the 2021 Assembly election when the electorate returned the Pinarayi Vijayan-led government to power for a second consecutive term.

The BJP believes recent electoral performances and local body successes have strengthened its position as it prepares to contest the upcoming assembly polls.

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Fire in ICU at SCB medical college hospital in Cuttack kills 10 patients

Ten patients died after a fire broke out in the trauma ICU at SCB medical college hospital in Cuttack early Monday morning. Odisha Chief Minister Mohan Charan Majhi announced compensation and ordered a judicial probe.

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A major fire at the trauma care intensive care unit (ICU) of SCB Medical College and Hospital in Cuttack, Odisha, early Monday morning left ten patients dead and several hospital staff members injured.

According to officials, the fire broke out between 2:30 am and 3:00 am in the trauma ICU where critically ill patients were undergoing treatment. Emergency teams rushed to the scene soon after the incident, and multiple fire engines were deployed to control the blaze and assist in rescue operations.

Odisha Chief Minister Mohan Charan Majhi said hospital staff were injured while evacuating patients from the affected ward during the emergency.

Patients shifted as rescue operations continued

Following the fire, 23 patients were moved to other departments and wards within the hospital to ensure their safety and continued medical care.

Speaking to reporters, the Chief Minister said seven critically ill patients died while being shifted to other ICUs and wards, while three more succumbed later.

“A total of 23 patients have been shifted to other departments. Seven serious patients died while shifting to other ICUs and wards, while another three patients died later. I have directed the concerned officers for proper treatment of the injured patients,” Majhi said.

Chief minister visits hospital, announces compensation

Soon after the incident, Majhi visited the hospital along with Odisha Health Minister Mukesh Mahaling to review the situation. They also met patients who were undergoing treatment at the facility.

The Chief Minister announced financial assistance of ₹25 lakh for the families of each deceased patient.

He also ordered a judicial probe into the incident to determine the cause of the fire and examine safety measures at the hospital.

Authorities continue to monitor the condition of injured staff members and patients who were shifted from the ICU.

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Arvind Kejriwal moves Supreme Court against Delhi High Court order in excise policy case

Arvind Kejriwal has approached the Supreme Court challenging a Delhi High Court order related to proceedings in the excise policy case and alleging violation of his fundamental rights.

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Arvind Kejriwal

Aam Aadmi Party chief and former Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court of India challenging certain proceedings in the Delhi excise policy case and alleging a violation of his fundamental rights.

In a petition filed under Article 32 of the Constitution, Kejriwal has questioned a decision of the Delhi High Court that put a freeze on remarks related to the investigation conducted by the Central Bureau of Investigation.

The petition also challenges an order of the High Court Chief Justice rejecting Kejriwal’s request to transfer the case to another bench.

Plea seeks change of bench

Earlier, on March 11, Kejriwal and several others submitted a representation to Delhi High Court Chief Justice Devendra Kumar Upadhyaya seeking reassignment of the case to what they described as an “impartial” judge.

In the representation, Kejriwal stated that he had a “grave, bona fide and reasonable apprehension” that the matter may not receive an impartial hearing before the current bench.

However, the Chief Justice declined the request and said the petition had been assigned as per the existing roster.

According to the communication sent by the High Court’s Registrar General on March 13 to eight individuals including Kejriwal, the Chief Justice noted that any decision on recusal must be taken by the judge hearing the matter and that there was no reason to transfer the petition administratively.

Order on trial court proceedings also challenged

Kejriwal has also challenged a March 9 order passed by Justice Swarana Kanta Sharma of the Delhi High Court.

In that order, Justice Sharma had stayed a trial court direction that called for an investigation into a CBI officer who handled the excise policy case. The High Court had also asked the trial court to defer proceedings connected to the anti-money laundering aspect of the case.

Justice Sharma had further rejected certain observations made by the trial court while discharging Kejriwal and 22 others, stating that some of those remarks were erroneous.

Hearing expected on CBI plea

Meanwhile, Justice Sharma is scheduled to hear a petition filed by the CBI challenging the discharge of Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia and others in the excise policy case.

The matter remains under judicial consideration as the legal challenge now moves to the Supreme Court.

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