English हिन्दी
Connect with us

Latest Politics News

Law Commission says simultaneous polls better, but idea needs to be debated further

Published

on

Law Commission says simultaneous polls better, but idea needs to be debated further

Putting out a draft report on feasibility of holding simultaneous polls to Lok Sabha and state assemblies a day before the end of his term as chairman of the Law Commission, Justice (Retd) BS Chauhan called for “wider consultation with the public and Constitutional experts” on the “serious issue”.

“Our term is getting over on Friday. There was no time to finalise it. This is a serious issue, and needs wider consultation with the public and Constitutional experts. But we did not want our work and research on it wasted. We are leaving it for a future Law Commission to ponder upon,” said Justice Chauhan.

The panel’s draft report on the contentious issue – a priority agenda of Prime Minister Narendra Modi and his party, the BJP – practically endorses their view, but also leaves the issue open for further debate, and possibly another round of consultation by the next Law Commission.

While Justice Chauhan told a leading newspaper that he was submitting the report endorsing simultaneous polls with a public appeal to “have further discussions and examination on the matter, involving all the stakeholders” before making final recommendations to the government, his report recommends, as a first option, that elections to 12 state assemblies and one Union Territory can be synchronised with the 2019 Lok Sabha elections.

These 12 assemblies are of the states of Madhya Pradesh, Rajasthan, Chhattisgarh, Mizoram (elections are due in these states in December), Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim, Telangana (where polls anyway coincide with Lok Sabha elections), Haryana, Jharkhand, Maharashtra and the NCT of Delhi (due for polls in the months following the general election).

Earlier this month, Shah had, in an 8-page submission to the Law Commission, lobbied for synchronising the assembly polls in these 12 States with the 2019 Lok Sabha election.

However, the law panel has also said that the intention of its report is to “intention to initiate a healthy and sustainable debate on the issue” of simultaneous polls, which it underscores are “not possible within the existing framework of the Constitution”.

Though endorsing “holding of simultaneous polls”, the law panel has also underlined that for doing so “certain inevitable Constitutional amendments” are needed. Its report states: “The Commission has ensured that the amendments to the Constitution and other statutes are kept to the barest minimum,” but also raises a critical question – whether conducting simultaneous elections would “tinker with democracy, basic structure of the Constitution or the federal polity of the country”

“Most of the participants in the consultations raised the issue that holding simultaneous elections will adversely affect the above three concepts. However, none could explain as to how and in what manner these principles would be violated…,” the panel said.

The report raises several questions that need to be resolved before a final decision on simultaneous polls.

These include questions on the appointment of the Prime Minister or Chief Minister in the event of a hung Parliament or assembly and whether in such an event the appointment can be done in a manner in which a Speaker is chosen. The report goes on to ask if that would violate the anti-defection law. The panel then asks if the anti-defection law will need to be amended if this appointment process were to be adopted.

The report echoes the Prime Minister’s views on conducting simultaneous assembly and Lok Sabha polls, stating that the exercise will save public money, help reduce the burden on the administrative set-up and security forces, ensure better implementation of government policies, and the administrative machinery will be continuously engaged in developmental activities rather than in electioneering.

It recommends amendments to Article 172 of the Constitution (term of state assemblies).

While advising synchronizing assembly polls for 12 states with the Lok Sabha election as a pilot for the exercise, the panel also states that in the remaining 16 States and one union territory, holding simultaneous elections is “impracticable”.

It says elections to these states could be synchronized for 2021, “which will be approximately midway of the term of the House of the People, assuming that the term of the 17th Lok Sabha begins in mid of 2019. In such a scenario, the maximum period by which any State Assembly is to be extended will be by thirteen months (in the case of Bihar) and the maximum period of curtailment is seventeen months (in the case of Karnataka).”

As a second option, the Law Commission suggests holding elections twice, i.e., in two batches, in a 5-year period: “The elections to twelve State Legislative Assemblies and one Union Territory (with Legislature), are synchronised along with the elections to the House of the People in 2019 and the remaining sixteen State Legislative Assemblies and one Union Territory (with Legislature) by the end of 2021, the elections will stand synchronised in such a manner that they are held only twice in five years, repeating the cycle of the elections to the House of the People and thirteen States (including one Union Territory with Legislature) in mid-2024 and elections to seventeen States (including one Union Territory with Legislature) by the end of 2026. This will result in elections only twice in a period of five years.”

Latest Politics News

Bihar Assembly witnesses uproar over Nitish Kumar’s viral national anthem video; Tejashwi Yadav says CM has made every Bihari hang their head in shame

Outside the Assembly, Tejashwi Yadav delivered a blistering critique of the Chief Minister. “Nitish Kumar ji is a senior leader I respect, but his actions yesterday have shamed every Bihari,” he told reporters, referencing the March 20 incident.

Published

on

The Bihar Legislative Council descended into chaos on Friday as Opposition members, led by the Rashtriya Janata Dal (RJD), unleashed a fierce protest over a viral video allegedly showing Chief Minister Nitish Kumar speaking during the national anthem at a public event in Patna the previous day. The uproar, which forced the Speaker to adjourn the session until 2 pm, has ignited a political firestorm, with RJD leader Tejashwi Yadav accusing Kumar of tarnishing Bihar’s pride and prompting calls for his resignation.

The drama unfolded as soon as the House convened, with Tejashwi Yadav raising the issue of Kumar’s purported disrespect toward the national anthem. Despite the Speaker’s plea to defer the matter to Zero Hour, Opposition lawmakers erupted in dissent, drowning out proceedings with slogans and demands for accountability.

State Minister Vijay Chaudhary attempted to clarify the government’s position, but the relentless clamour from RJD benches rendered the session unmanageable, leading to its abrupt suspension.

Outside the Assembly, Tejashwi Yadav delivered a blistering critique of the Chief Minister. “Nitish Kumar ji is a senior leader I respect, but his actions yesterday have shamed every Bihari,” he told reporters, referencing the March 20 incident.

“For a sitting Chief Minister to disrespect the national anthem—perhaps a first in India’s history—is unacceptable. He’s made us all hang our heads in shame.” The former Deputy CM’s remarks struck a nerve, amplifying the Opposition’s narrative of Kumar’s faltering leadership.

The outrage extended beyond Tejashwi, with former Chief Minister Rabri Devi joining the fray. “If Nitish Kumar has lost his senses, he should vacate the CM’s chair—maybe hand it to his son,” she quipped sharply to the press.

Leading a vociferous demonstration at the Legislative Council’s portico, Rabri Devi and RJD MLCs demanded a public apology, chanting slogans like “Puppet CM, resign!” and “India won’t forgive this insult to the national anthem.” The protest underscored the deepening rift between the ruling Janata Dal (United) and its RJD rivals.

Adding fuel to the fire, RJD MP Misa Bharti questioned Kumar’s fitness to govern, pointing to both his physical demeanour and recent controversies. “Watching him during the anthem, he didn’t seem mentally or physically sound,” she told ANI.

“I ask PM Modi and Amit Shah: Are you comfortable leaving Bihar in such hands? He insults women and children daily—this isn’t leadership.” Bharti’s comments hinted at broader political implications, suggesting the BJP-led central government might need to reassess its alliance with Kumar’s JDU.

The viral clip, widely circulated on social media, has thrust Kumar into an uncomfortable spotlight at a time when his government already faces criticism over governance and coalition tensions.

Earlier, Yadav, sharing the video of Kumar, said: “At least please do not insult the national anthem, Hon’ble Chief Minister. You insult youth, students, women and elderly people every day. Sometimes they clap on Mahatma Gandhi’s martyrdom day and mock his martyrdom, and sometimes they clap on the national anthem!”

Continue Reading

India News

Sambhal Court issues notice to Rahul Gandhi over fight against Indian state comment

Rahul Gandhi has been summoned by a Sambhal court over his statement that the opposition is fighting the Indian state, not just BJP or RSS.

Published

on

Rahul Gandhi addresses public at party headquarters

The District Judge Court of Sambhal has issued a notice to Congress leader and Lok Sabha Leader of Opposition Rahul Gandhi, seeking his response or appearance on April 4, in connection with a complaint filed over his controversial remark that opposition parties were not merely fighting the BJP or RSS, but the “Indian state” itself.

Statement triggers legal action

The legal proceedings stem from a statement made by Rahul Gandhi on January 15, during the inauguration of the Congress party’s new headquarters ‘Indira Bhawan’. In his address, Gandhi said, “Our ideology, like the RSS ideology, is thousands of years old, and it has been fighting the RSS ideology for thousands of years. Do not think that we are fighting a fair fight. There is no fairness in this. If you believe that we are fighting a political organisation called the BJP or RSS, you have not understood what is going on. The BJP and the RSS have captured every single institution of our country. We are now fighting the BJP, the RSS and the Indian State itself.”

He also commented on the status of Indian institutions and media, suggesting that both were no longer functioning freely or fairly.

Revision petition leads to court summons

Advocate Sachin Goyal, representing complainant Simran Gupta, explained that a case was initially filed in the special MP/MLA court seeking registration of an FIR against Gandhi. However, the Chief Judicial Magistrate (CJM) dismissed the plea citing lack of jurisdiction.

Following this, a revision petition was filed, after which the Sambhal District Judge accepted the complaint and issued a notice to Rahul Gandhi. The court has asked him to either appear in person or file a formal response on or before April 4.

Continue Reading

India News

AAP leader Satyendar Jain faces fresh Rs 7 crore CCTV fraud allegations

Delhi ACB has filed a fresh corruption case against Satyendar Jain, alleging he took a Rs 7 crore bribe to waive penalties in a Rs 571 crore CCTV project. AAP denies all charges.

Published

on

AAP Minister Satyendar Jain

The Aam Aadmi Party (AAP) finds itself mired in yet another controversy as former Delhi Health Minister Satyendar Jain faces fresh corruption allegations in connection with a Rs 571 crore CCTV installation project. The Delhi government’s Anti-Corruption Bureau (ACB) has filed a case against Jain, accusing him of taking a Rs 7 crore bribe to waive a Rs 16 crore penalty imposed due to project delays.

According to the ACB’s statement released on Wednesday, the case has been registered under Section 17 of the Prevention of Corruption Act. The allegations stem from the installation of over one lakh CCTV cameras across Delhi’s 70 Assembly segments, with a second order of an additional 1.4 lakh cameras allegedly placed after the initial delay.

The case is reportedly based on the testimony of an official from Bharat Electronics Limited (BEL), who detailed alleged irregularities and “shoddy” installations. The ruling Bharatiya Janata Party (BJP) in Delhi has criticized AAP, accusing the party of suppressing the investigation when it was in power.

BJP Attacks AAP Over Corruption Allegations

Delhi BJP chief Virendra Sachdeva has slammed AAP over the fresh charges against Jain. He alleged that the tender for the Rs 571 crore project was awarded to BEL, and Jain took a Rs 7 crore bribe to waive off financial penalties. “BJP had complained then also… but AAP tried to suppress the investigation. No matter how much you tried to hide corruption, you have to answer now,” Sachdeva stated.

Neither AAP nor Satyendar Jain has responded to the allegations yet.

More Legal Trouble for AAP Leaders

This fresh case adds to the mounting legal troubles for top AAP leaders. Satyendar Jain, who was granted bail in October last year after spending two years in custody in a money laundering case, is also facing prosecution in a disproportionate assets case.

Delhi Chief Minister Arvind Kejriwal and former Deputy CM Manish Sisodia are also battling corruption charges. Kejriwal has been accused of misusing public funds for promotional posters, while Sisodia is embroiled in an alleged Rs 2,000 crore scam linked to classroom construction in Delhi government schools. Jain is also named in this case.

The controversial Delhi liquor excise policy scam also remains under investigation. Last month, a Comptroller and Auditor-General (CAG) report stated that the state suffered a Rs 2,002 crore loss due to policy irregularities.

AAP Denies Charges, Calls It a Political Vendetta

AAP has dismissed all allegations, claiming they are politically motivated and orchestrated by the BJP to tarnish its image. The party has also denied accusations that Kejriwal misused Rs 45 crore of taxpayers’ money for renovating his official residence.

Despite its denials, AAP suffered a massive defeat in the recent Delhi Assembly elections, where the BJP secured 48 of the 70 seats, marking a significant power shift in the capital after nearly three decades.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com