logo
Former CJIs flag concern over Election Commission's powers in simultaneous polls bill

Former CJIs flag concern over Election Commission's powers in simultaneous polls bill

Meanwhile, Opposition members, including Priyanka Gandhi Vadra of the Congress and P Wilson of the DMK, raised concerns about the constitutionality of dissolving assemblies mid-term to align their polls with Lok Sabha elections, sources added.
Wilson argued that while the stated aim of the bill is to reduce election expenditure, the proposed system could result in frequent elections in case of the fall of the government at the Centre, thereby defeating its purpose. Several MPs have also flagged the issue of mid-term elections, the sources said.
Justice Khehar, they added, suggested that Parliament or the Union Council of Ministers should have a say in deciding whether an assembly election should be held, as envisaged under Section 82A(5) of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill.
The section, in its current form, states: 'If the Election Commission is of the opinion that the elections to any Legislative Assembly cannot be conducted along with the general election to the House of the People, it may make a recommendation to the President, to declare by an order, that the election to that Legislative Assembly may be conducted at a later date.'
Referring to another section of the proposed law, he said it should also specify provisions applicable in case of an Emergency.
Following the meeting, Chaudhary said, 'We want discussion on each aspect, only then the recommendation could be correct.'
'We want a transparent discussion to take place…The Parliament gave us the Bill so that it can be corrected. It was not given to us to return in the present form. We are making efforts on how simultaneous elections should be conducted in the national interest,' Chaudhary said.
The chairman also stated that the panel is seeking views from experts on the Bill and that no amendment has been made yet.
'For example, Justices Khehar and Chandrachud had come. Many members had sought clarifications and doubts. To clear those doubts, everyone sat down and discussed. We had a very good discussion. This is a very big thing. This is a very big opportunity given to the Committee for nation building,' he added.
A number of legal experts, including four former CJIs, have appeared before the Committee, which held its eighth sitting on Friday.
Senior advocate and former Rajya Sabha member EM Sudarsana Natchiappan, a former chairman of the Standing Committee on Personnel, Public Grievances, Law and Justice, also shared his views.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Dhankhar Came To President On Short Notice To Submit Resignation: Sources
Dhankhar Came To President On Short Notice To Submit Resignation: Sources

News18

timean hour ago

  • News18

Dhankhar Came To President On Short Notice To Submit Resignation: Sources

Last Updated: This unexpected development followed a discussion earlier in the day, where the Prime Minister and senior ministers were closeted in Parliament, presumably addressing this issue Vice-President Jagdeep Dhankhar was admitted to AIIMS Delhi for four days in March this year due to cardiac-related ailments. He returned from the hospital hale and hearty. But, in a surprising announcement on Monday, he cited health conditions as the reason for stepping down. At 74, Dhankhar is clearly prioritising his health and following medical advice. This unexpected development followed a discussion earlier in the day, where the Prime Minister and senior ministers were closeted in Parliament, presumably addressing this issue. Dhankhar has served less than three years as the Vice-President and chairman of the Rajya Sabha. Just around 4 pm, his office released a statement about his planned official trip to Jaipur on July 23. Dhankhar was also present in the house, where he announced receiving a letter signed by more than 50 MPs calling for the impeachment of Justice Yashwant Varma. He then instructed the Secretary-General to proceed with the matter. Sources indicate that the Vice-President came to Rashtrapati Bhavan on very short notice in the evening and submitted his resignation to the President without any prior appointment. Born in 1951 in Jhunjhunu district, Rajasthan, Dhankhar hails from a farmer's family in the Jat community. He enrolled with the Rajasthan Bar in 1979, becoming the state's senior-most advocate, practicing in the Supreme Court and various High Courts, and serving as President of the Rajasthan High Court Bar Association. Entering politics in the 1990s, he was elected as the Lok Sabha MP from Jhunjhunu with the Janata Dal and served as Minister of State for parliamentary affairs under the Chandra Shekhar government. He joined the BJP in 2003. In 2019, he was appointed West Bengal governor, where he had frequent standoffs with the Mamata Banerjee government. Dhankhar was elected as India's 14th Vice-President in 2022, taking the oath on August 11, 2022. His leadership was noted for its firmness and occasional partisan perception, leading to an unprecedented impeachment motion filed by opposition parties in December 2024. Dhankhar expressed deep disappointment with the opposition's move, saying he felt hurt. Some opposition MPs, like Kalyan Banerjee, mimicked Dhankhar at the Parliament gate, highlighting his contentious relationship with the opposition. The government now faces the task of electing a new Vice-President within the next 60 days. Dhankhar's resignation comes on the first day of the important monsoon session of Parliament, where discussions on Operation Sindoor and the impeachment proceedings against Justice Varma are scheduled. Deputy chairman of the Rajya Sabha, Harivansh, will fill in for Dhankhar for the rest of the monsoon session. The election commission will notify the poll schedule for the Vice-President soon. Only MPs of the Lok Sabha and Rajya Sabha vote in this election using a secret ballot and a proportional system. The million-dollar question remains who the government will choose as the next vice-president. About the Author Aman Sharma First Published: July 22, 2025, 06:30 IST

Jagdeep Dhankhar resigns as Vice President: What the Constitution says happens next
Jagdeep Dhankhar resigns as Vice President: What the Constitution says happens next

Time of India

timean hour ago

  • Time of India

Jagdeep Dhankhar resigns as Vice President: What the Constitution says happens next

Jagdeep Dhankhar , the 14th Vice President of India , resigned from office late on Monday. In a letter addressed to President Droupadi Murmu , he said, "To prioritise health care and abide by medical advice, I hereby resign as Vice President of India, effective immediately, in accordance with Article 67(a) of the Constitution." The resignation came just hours after he presided over the opening day of the Monsoon Session of Parliament. Dhankhar also said he had received a letter concerning the impeachment of Justice Yashwant Varma, instructing the Rajya Sabha Secretary General to take further steps. Explore courses from Top Institutes in Select a Course Category Others Project Management Product Management Degree Technology Data Analytics Finance Artificial Intelligence Leadership Cybersecurity CXO MCA others MBA Healthcare PGDM Public Policy Data Science Digital Marketing healthcare Management Design Thinking Operations Management Data Science Skills you'll gain: Duration: 9 months IIM Lucknow SEPO - IIML CHRO India Starts on undefined Get Details Skills you'll gain: Duration: 16 Weeks Indian School of Business CERT-ISB Transforming HR with Analytics & AI India Starts on undefined Get Details Skills you'll gain: Duration: 28 Weeks MICA CERT-MICA SBMPR Async India Starts on undefined Get Details Skills you'll gain: Duration: 7 Months S P Jain Institute of Management and Research CERT-SPJIMR Exec Cert Prog in AI for Biz India Starts on undefined Get Details Aged 74, Dhankhar had assumed office in August 2022 and was expected to serve until 2027. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Remember Him? Sit Down Before You See What He Looks Like Now 33 Bridges Undo Gratitude and farewell In his letter, Dhankhar also acknowledged the working relationship he shared with senior leadership during his tenure. "I extend my deepest gratitude to Your Excellency - the Hon'ble President of India for her unwavering support and the soothing, wonderful working relationship we maintained during my tenure." He further added, "Prime Minister's cooperation and support have been invaluable, and I have learned much during my time in office." Live Events Also Read: Vice President Jagdeep Dhankhar resigns 'to prioritise health' as Monsoon Session kicks off What the Constitution says The resignation of a Vice President is covered under Article 67 of the Indian Constitution. It allows the Vice President to step down at any time by submitting a written notice to the President. Once received and acknowledged, the resignation takes effect immediately. There is no formal approval process required. Now that the post lies vacant, the constitutional machinery to elect a successor must begin. Article 68(2) states that an election must be held "as soon as possible" following the occurrence of a vacancy. Who takes charge until next VP is elected? With the Vice President's office now empty, the Deputy Chairman of the Rajya Sabha steps in to preside over proceedings in the Upper House. Harivansh, who has held the Deputy Chairman role since August 2022, will now take on these duties until a new Vice President is elected and assumes office. The functioning of the Rajya Sabha remains unaffected by the resignation, owing to this established line of succession within the House. Also Read: Who will become the next Vice President of India after Jagdeep Dhankhar's resignation? What is the election procedure for new VP? The election to fill the vacancy will be conducted by the Election Commission of India , following rules laid out in the Vice-President (Election) Rules, 1997 and the Representation of the People Act. The Vice President is elected by an electoral college comprising all members of both Houses of Parliament, including nominated members. Voting takes place via secret ballot, using the single transferable vote system to ensure proportional representation. Once elected, the new Vice President will serve a full five-year term from the date they take office, not just the remainder of the previous term. This makes the role distinct from other constitutional positions where a successor may complete only the unexpired portion of a predecessor's tenure. Also Read: Why vice president Jagdeep Dhankhar resigned? Read his full resignation letter What is the eligibility criteria? To contest the election, a candidate must meet a few clear conditions: Must be a citizen of India Must be at least 35 years old Must be qualified for election to the Rajya Sabha Must not hold any office of profit under the Union or any state government These eligibility rules ensure the Vice President has the necessary qualifications and independence to hold the role effectively. What are the roles and responsibilities of India's VP? The Vice President of India holds the second-highest constitutional office after the President. One of the primary responsibilities is serving as the ex-officio Chairman of the Rajya Sabha. Although the Vice President does not hold membership in either House of Parliament, they are responsible for maintaining order and procedure in the Upper House. In certain scenarios, the Vice President may also act as President of India if the sitting President is unable to perform duties due to resignation, death or removal. Only the third VP to resign mid-term Dhankhar's resignation places him in rare company. Only two other Vice Presidents have resigned mid-term in independent India's history. The first was VV Giri, who stepped down in July 1969 to contest the presidential election after the sudden death of President Zakir Husain. The second was R Venkataraman, who resigned in July 1987 after being nominated for the presidency by the then ruling Congress party. He went on to serve as India's eighth President. What happens next With Dhankhar stepping aside, the focus now shifts to the Election Commission, which is expected to announce a timeline for the election shortly. The process is expected to unfold swiftly, with 788 members of Parliament (543 from Lok Sabha and 245 from Rajya Sabha) forming the electoral college. The Vice President's post, while largely ceremonial in some ways, holds strategic and constitutional significance. The coming days will see political parties weigh options carefully before deciding on a nominee with cross-party appeal.

Vice President Dhankhar Resigns Citing Health Reasons
Vice President Dhankhar Resigns Citing Health Reasons

Time of India

timean hour ago

  • Time of India

Vice President Dhankhar Resigns Citing Health Reasons

Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Popular in Epaper In a surprise move, Vice President Jagdeep Dhankhar resigned late on Monday citing health reasons . The 74-year-old leader had undergone a cardiac procedure in March but continued to maintain a hectic schedule since resignation had not been accepted by President Droupadi Murmu till press time his resignation letter, the lawyer-turned-politician expressed his gratitude to her, the Prime Minister, the union council of ministers and the MPs for the 'warmth, trust and affection' he had received during his tenure.'To prioritise health care and abide by medical advice, I hereby resign as the Vice President of India, effective immediately, in accordance with Article 67(a) of the Constitution,' Dhankhar wrote in his letter that he also shared on social media site who turned 74 in May, had undergone a cardiac procedure on March 9. He had been rushed to AIIMS, Delhi, after he complained of chest pain. He was back in Parliament — the budget session was ongoing at the time — after a few had chaired the sessions, albeit with some breaks. Since then, he continued to maintain a demanding public was heightened activity in the corridors of Parliament on Monday, but officials did not say if it was connected to Dhankhar's took the Treasury Benches by surprise when he mentioned in the Rajya Sabha that he received a notice from the Opposition to constitute a statutory committee for the removal of Justice Yashwant Varma and that it has been signed by more than 50 members of the Upper was expected that the government would initiate the process first in the Lok Sabha. Soon after, a meeting was held in defence minister Rajnath Singh's chamber in Parliament. Top union ministers Amit Shah, JP Nadda, Nirmala Sitharaman and S Jaishankar attended the meeting. MPs from the ruling alliance including BJP's allies then came and signed on a Congress party urged Dhankhar to withdraw his resignation and hoped PM Modi would get him to change his mind. The Opposition is expected to seek government clarification on the matter in Parliament Tuesday. 'The sudden resignation of the Vice President and chairman of Rajya Sabha is as shocking as it is inexplicable. I was with him alongside a number of other MPs till around 5 PM today and had spoken to him over the phone at 7:30 PM,' Congress chief whip in the Rajya Sabha Jairam Ramesh wrote on his X handle. "No doubt Mr Dhankar has to give topmost priority to his health. But clearly there is far more to his totally unexpected resignation than meets the eye,' he said.'We wish him the best of health but also request him to reconsider his decision. We also expect the Prime Minister to get Mr Dhankar to change his mind. This will be in the nation's interest. The farming community particularly will be greatly relieved," Ramesh has been a privilege and satisfaction to partake in India's remarkable economic progress and unprecedented exponential development during this periodOutgoing Vice President .

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store