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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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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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