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Election Commission puts Constitutional block on BJP push for simultaneous polls

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Election Commission puts Constitutional block on BJP push for simultaneous polls

As the BJP got down in earnest to push for simultaneous polls, with party chief Amit Shah writing to Law Commission in favour of the move and the BJP thinking of having elections to 12 States along with Lok Sabha election next year, the Election Commission turned around and said ‘not possible’.

Chief Election Commissioner OP Rawat said on Tuesday, August 14, that parallel elections are not possible without a legal framework. He insisted that any extension or curtailment of the term of assemblies will require a constitutional amendment.

“If the term of some state assemblies needs to be curtailed or extended, then a constitutional amendment will be required… Logistics arrangements with regard to 100 percent availability of VVPATs (paper trail machines) will be a constraint,” Rawat told reporters to a question on whether simultaneous elections can be held anytime soon.

“On the issue of ‘one nation one poll’, the Election Commission had given inputs and suggestions in 2015 itself… Other requirements of additional police force, polling personnel would also be needed,” he said.

Rawat’s remarks came a day after the BJP made a strong pitch for simultaneous polls, with party chief Amit Shah arguing that one election would check expenditure and ensure that the nation is not in “election mode” throughout the year.

In an eight-page letter to Law Commission chairman Justice BS Chouhan, Shah said holding simultaneous polls is not only a concept but a principle that has been successfully tried in the past and can be implemented.

The BJP chief said the opposition to simultaneous elections seems to be politically motivated. Opposition parties have raised concern over the proposal, saying simultaneous elections would dilute India’s federal structure.

The CEC said the poll panel would continue to deliver its responsibility of conducting elections whenever term of the state assemblies come to an end.

The EC is still in the process of procuring new EVMs and VVPATs ahead of the 2019 Lok Sabha polls. While all required EVMs — 13.95 lakh ballot units and 9.3 lakh control units — will be delivered by September 30, 16.15 lakh VVPATs will also be delivered well before the end of November, Rawat had earlier said.

Some additional VVPATs are being procured as a cushion in case these machines malfunction and need to be replaced during polls.

Over 11 per cent of the 10,300 VVPAT machines across 10 states had developed faults and had to be replaced during the May 28 bypolls.

If simultaneous elections to the Lok Sabha and state assemblies are held in 2019, the EC will require nearly 24 lakh EVMs, double the number required to hold only the Parliamentary polls.

A paper by the Law Commission had recently recommended holding the Lok Sabha and assembly polls in two phases beginning 2019.

Congress dares PM Modi to dissolve Lok Sabha, hold general elections with state polls this year

Meanwhile, even as Modi government was contemplating holding an all-party meet on the issue after the Law Commission recommends a legal framework on the matter, the Congress dared Prime Minister Narendra Modi to dissolve the Lok Sabha early and announce general elections along with polls in four states where the terms of the assemblies end this year.

Congress general secretary Ashok Gehlot today said postponing the upcoming state assembly elections and conducting these with Lok Sabha polls in 2019 is “not possible” under the Constitution or the law.

He said elections in Mizoram, Rajasthan, Chhattisgarh and Madhya Pradesh will have to be conducted before the terms of these assemblies end. “There is only one way of holding simultaneous elections. The prime minister should dissolve the Lok Sabha and hold polls along with the four state assembly elections,” Gehlot told a press conference.

“The Congress will welcome it. We are prepared,” he said.

Rubbing it in, he said it will be in the “best interest of the country to dissolve the Lok Sabha early, given the all-pervasive atmosphere of fear, intolerance and intimidation.”

Gehlot said the ‘one nation, one election’ slogan is just a gimmick to deflect attention of people from government’s failures.

He also said the BJP was floating this idea because it fears the losing of upcoming state elections, in which case it will be in a very weak state to face the electorate in 2019 Lok Sabha elections.

Congress legal cell head Vivek Tankha said the party will move court if the government attempts to postpone upcoming state assembly elections. “This cannot be done without a constitutional amendment,” he said.

The government, seeking to evolve a consensus on holding simultaneous election to Lok Sabha and state assemblies, is considering convening an all-party meeting on the issue after the Law Commission recommends a legal framework on the matter.

The government is awaiting the report of the law panel which would lay down the legal framework of holding the two elections together. Once the report is with the government, it will have broad talking points, said media reports.

The law panel, which is examining the feasibility of holding simultaneous polls, had earlier sought the views of political parties before finalising its report.

Both the BJP and the Congress had stayed away from the consultation organised by the commission. The Congress had met the commission top brass recently where it had opposed the concept of simultaneous polls.

Political parties are divided on the issue. Besides NDA constituent Shiromani Akali Dal, the AIADMK, the Samajwadi Party and the Telangana Rashtra Samiti have supported it.

The Congress, Trinamool Congress, Aam Aadmi Party, DMK, Telugu Desam Party, Left parties and the JDS have opposed the proposal.

ABP-CVoter Survey predicts Congress majority in three State polls, BJP win in Lok Sabha

Even as these moves are on, an opinion poll survey conducted by CVOTER and news channel ABP said the BJP would lose all three of the upcoming Assembly elections in Chhattisgarh, Madhya Pradesh and Rajasthan to the Congress, but the Modi factor would help the party’s fortunes in the Lok Sabha election next year in the three states.

The survey stated that the Congress would gain a clear majority in all the three states in the elections, by winning 117 out of 230 seats in Madhya Pradesh, 54 out of 90 in Chhattisgarh and 130 out of 200 in Rajasthan. The BJP, on the other hand, would manage only 106, 33 and 57 seats in the three states respectively, the opinion poll predicted.

BJP’s way out

The opinion poll is likely to strengthen a buzz within the BJP, reported by The Indian Express, of the possibility of holding 12 state elections together in early 2019.

Under this, said the IE report quoting a BJP source, elections in Madhya Pradesh, Rajasthan, Chhattisgarh and Mizoram could be postponed and President’s rule imposed in these states as the term of these assemblies ends in November-December. This envisages the resignation of the four Chief Ministers once the term of their respective assemblies ends. This could clear the way for President’s rule and elections can then be held along with general elections in early 2019.

States like Andhra Pradesh, Telangana and Odisha vote with the Lok Sabha polls anyway. Assembly elections in Maharashtra, Haryana, Arunachal Pradesh, Sikkim and Jharkhand — all NDA-ruled — can also be advanced so that they are held along with Lok Sabha polls, sources told IE.

With this option, at least on paper, as many as a dozen states can go to polls simultaneously with Lok Sabha polls without changing any law. “The BJP Chief Ministers will honour the Constitution by resigning before their term ends. In fact, the party will get credit for such a move in the elections also,” the source added.

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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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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