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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.”

2024 Lok Sabha Elections

Election Commission books BJP MP Tejasvi Surya for seeking votes in the name of religion

Tejasvi Surya was booked by the Karnataka chief electoral officer for seeking votes in the name of religion in a video posted on X.

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Bengaluru South sitting MP and BJP’s candidate from the same seat Tejasvi Surya was reported to the chief election officer of Karnataka for uploading a video on X in which he asked for votes based on religion.

Karnataka Chief Election Officer tweeted on Friday during polling in the crucial seat where Tejasvi Surya MP is running against Congress’s Sowmya Reddy. He tweeted, case is booked against Tejasvi Surya MP and Candidate of Bengaluru South PC on 25.04.24 at Jayanagar PS u/s 123(3) for posting a video in ‘X’ handle and soliciting votes on the ground of religion.

Tejasvi urged people to cast votes and utilize their right to do so on multiple occasions. He released the last video at 2:00 PM, mentioning Ram Mandir in addition to border security and Article 370 in his plea to make the most of the final four hours of voting.

Earlier, Tejasvi gave an 80%–20% parallel to implore BJP supporters to turn out in large numbers at the polls. Only 20% of the BJP’s 80% voter base actually turned up to vote. C ongress’ voters are 20 % but they come out and vote 80%.  He added, in most circumstances, this is the actual situation at the polls. Telling the impportance of vote he said that every votes counts. He also urged to vote and added if you don’t, then 20% of Congress will undoubtedly be doing so.

Meanwhile, Karnataka recorded 50.93% voter turnout till 3pm, with Bengaluru South recording 40.77%. Up till 3 pm, Udupi Chikmagalur had the highest turnout (57.49%), Hassan had the next highest percentage at 55.92%, Dakshina Kannada at 58.76%, Chitradurga at 52.14%, Tumkur at 56.62%, Mandya at 57.44%, Mysore at 53.55%, Chamarajanagar at 54.82%, Bangalore Rural at 49.62%, Bangalore North at 41.12%, Bangalore Central at 40.10%, Bangalore South at 40.775, Chikkballapur 55.90%, and Kolar 54.66%.

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2024 Lok Sabha Elections

Mallikarjun Kharge writes to PM Modi seeks time to explain Congress’s Nyay Patra

Congress chief Mallikarjun Kharge wrote an open letter to PM Modi and said the Prime Minister is being misinformed by his advisors

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Congress President Mallikarjun Kharge wrote Prime Minister Narendra Modi a letter on Thursday, requesting an explanation of the ancient party’s Nyay Patra.

In support of the Congress manifesto, Kharge said that the Nyay Patra aims to give justice to marginalised people from all castes and communities, including women, children, farmers, and labourers.

The Congrss president said, PM’s  advisors are misrepresenting things to him that aren’t even included in our manifesto. Kharge said, he would be more than happy to meet with him in person to explain thehir Nyay Patra’ so that, as prime minister of the country, he dosen’t make any statements that are false.

It has become his  habit to seize on a few words taken out of context, create communal divide, Kharge added.

The Congress leader said that he is neither shocked nor surprised by the language used by the prime minister, in reference to Modi’s recent addresses.

It was expected that the PM and other leaders from his party would start speaking in this manner after he saw the dismal performance of the BJP in the first phase of the elections, he continued.

The impoverished and their rights have been a topic of discussion in Congress (nyay). We know that you and your administration do not care about the underprivileged and destitute, he remarked.

Continuing his attack on the prime minister, Kharge said, PM’s ‘suit-boot ki sarkar’ works for the corporates whose taxes you reduced while the salaried class pays higher taxes. The poor pay GST even on food and salt and the rich corporate claim GST refunds. That is why, when we talk of inequality between the rich and the poor, you are purposely equating it with Hindu and Muslim.

Following the criticisms made by the prime ministers in their recent election speeches, Kharge has responded. Modi has not held back when criticizing the main opposition party at his rallies, accusing them of scheming to redistributing assets and referring to the Congress manifesto as a “imprint of the Muslim League.

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2024 Lok Sabha Elections

Bollywood actor Neha Sharma campaigns for her father Ajit Sharma in Bhagalpur, Bihar

The Bollywood actor posted a video on her Instagram handle which showed her journey through various districts of Bihar, including Kishanganj, Banka, Purnea and Katihar. She was dressed in a traditional salwar kameez and was seen greeting and encouraging the public to cast their votes.

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Bollywood actor Neha Sharma’s recent participation in a roadshow in Bihar has taken the internet by storm. Sharma, known for her roles in films like Tum Bin 2 and Crook, was seen supporting her father, Ajit Sharma, who is contesting from Bhagalpur Lok Sabha seat on a Congress ticket. The roadshow came amid speculations that the actor might enter politics. But, it is now clear that she was just campaigning for her father.

neha sharma

The Bollywood actor posted a video on her Instagram handle which showed her journey through various districts of Bihar, including Kishanganj, Banka, Purnea and Katihar. She was dressed in a traditional salwar kameez and was seen greeting and encouraging the public to cast their votes.

The actor received a warm reception and love from a large crowd in Pirpainti and Kahalgaon during her roadshow. She wrote on Instagram that it is said when someone gives one a place in their heart, then they live there forever. She said her heart is full of all the love and support she was receiving from the people. She thanked the people for the warm welcome she got in Pirpainti and Kahalgaon. Aapka pyar sar ankhon par.

Another video, circulating on social media showed the actor actively participating in her father’s election campaign in Bhagalpur. The election to the Bhagalpur Lok Sabha seat is set to take place in the 2nd phase on April 26. Ajit Sharma is representing the Congress and is up against JDU’s Ajay Kumar Mandal in this seat.

Earlier, there had been rumours and speculations that Neha Sharma might join politics. But many reports have clarified that she is not making her political debut yet. The Bollywood actor had been offered the opportunity to join politics by her father Ajjit Sharma but she is currently focusing on her acting career.

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