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

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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.”

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Ajit Pawar’s son seeks detailed probe into Baramati plane crash

Jay Pawar has demanded a comprehensive probe and action against the aviation firm after the Baramati plane crash that killed Ajit Pawar and four others.

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Jay Pawar, the younger son of Maharashtra Deputy Chief Minister Ajit Pawar, has called for a comprehensive and impartial investigation into the plane crash near Baramati that claimed his father’s life along with four others on January 28.

In a social media post on Wednesday, Jay Pawar raised concerns over what he described as “possible serious lapses” that may have led to the fatal accident. He asserted that the aircraft’s black box is not easily destroyed and stressed that people of Maharashtra deserve to know the complete truth behind the crash.

Demand for action against aviation company

The ill-fated Learjet 45XR aircraft was operated by VSR Ventures Private Limited. Jay Pawar urged authorities to conduct a detailed probe into the firm’s operations and sought a ban on the aviation company pending investigation.

“A detailed investigation of possible serious lapses and irregularities of the aircraft firm should be done in a detailed and impartial manner,” he said.

The crash occurred near the Baramati airstrip, resulting in the deaths of Ajit Pawar and four others.

Call for CBI probe and sabotage allegations

Jay Pawar’s statement came a day after Maharashtra Deputy Chief Minister Sunetra Pawar and leaders from the Nationalist Congress Party met Chief Minister Devendra Fadnavis to demand a Central Bureau of Investigation (CBI) probe into the accident.

Separately, NCP (SP) MLA Rohit Pawar alleged there was reason to suspect sabotage in the crash and called for a multi-agency investigation involving experts.

During a press conference last week, Rohit Pawar also questioned the past record of Captain Sumit Kapoor, who was piloting the aircraft on the day of the crash. He referred to the pilot’s previous three-year suspension for alcohol consumption.

AAIB seeking support to retrieve CVR data

The Aircraft Accident Investigation Bureau (AAIB) is conducting a detailed probe into the crash. According to the agency, special technical assistance has been sought to retrieve data from the Cockpit Voice Recorder (CVR) of the Learjet 45 aircraft involved in the accident.

The investigation is ongoing.

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PM Modi sends congratulatory letter to Tarique Rahman after swearing-in

Lok Sabha Speaker Om Birla handed over Prime Minister Narendra Modi’s congratulatory letter to Bangladesh Prime Minister Tarique Rahman following his swearing-in and extended an invitation to visit India.

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Tarique Rehman

Om Birla on Tuesday met Tarique Rahman and delivered a letter from Narendra Modi, congratulating him on assuming office and inviting him to visit India.

The meeting took place shortly after Rahman was sworn in as Bangladesh’s Prime Minister following his party’s victory in the recently concluded parliamentary elections.

According to details shared, Birla also spoke to Rahman over the phone to personally convey PM Modi’s congratulations.

In his letter, PM Modi extended his greetings to Rahman on the Bangladesh Nationalist Party’s win in the parliamentary elections and on his appointment as the next Prime Minister of Bangladesh.

“I extend my warmest congratulations to you on the victory of the Bangladesh Nationalist Party at the just-concluded parliamentary elections in Bangladesh and on your appointment as the next Prime Minister of Bangladesh,” the letter read.

The communication also included an invitation for the newly sworn-in leader to visit India.

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Navjot Kaur Sidhu says Rahul Gandhi disconnected from ground realities

Navjot Kaur Sidhu criticises Rahul Gandhi after exiting Congress, alleging corruption in the Punjab unit and predicting defeat in upcoming state elections.

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Rahul-Gandhi

Former Congress leader Navjot Kaur Sidhu has launched a sharp attack on Rahul Gandhi soon after her exit from the party, accusing him of being detached from ground realities and failing to address concerns within the Punjab unit.

Speaking to reporters in Coimbatore, Sidhu said that Gandhi, who serves as Leader of the Opposition in the Lok Sabha, has not worked at the grassroots level and is unaware of what is happening within the party in Punjab. She stressed that understanding “ground zero” realities is crucial for leadership and said living in a “dream world” would not help the party.

Drawing a comparison with Prime Minister Narendra Modi, Sidhu said that while Gandhi speaks well and “talks sense”, his actions do not align with his words. She claimed there is nothing personally against the Prime Minister and challenged critics to find evidence of wrongdoing against him.

Sidhu also alleged widespread corruption within the Punjab Congress leadership. She claimed she sought an appointment with Gandhi for eight months to inform him about what she described as “injustice” and internal damage to the party. According to her, party tickets had already been sold, and she warned that Congress is likely to lose the state polls next year if corrective measures are not taken.

In a direct message to Gandhi, she said that if he is unaware of developments within his own party, then he does not deserve the leadership position. She further alleged that corrupt individuals surround him while honest leaders are ignored.

Sidhu claimed that she and her family were promised key roles, including a deputy chief minister post with seven departments and a Member of Parliament position for her, but were ultimately given nothing.

Last week, Congress general secretary in charge of Punjab, Bhupesh Baghel, announced that Sidhu had been expelled from the party. The announcement followed her own declaration that she had quit.

The 62-year-old leader was earlier associated with the BJP and served as an MLA from 2012 to 2016 before joining Congress. Recently, she levelled serious allegations against Punjab Congress chief Amrinder Singh Raja Warring, claiming that ₹500 crore was being demanded in exchange for the Chief Minister’s post if the party wins the upcoming elections. She was suspended after making those remarks.

With Punjab heading towards elections next year, her allegations add to the turbulence within the state unit of the Congress.

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