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New Indian Express
11-07-2025
- Politics
- New Indian Express
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.
India Gazette
11-07-2025
- Politics
- India Gazette
Former CJIs Justice Chandrachud, Justice Khehar to give presentation before JPC on simultaneous polls
New Delhi [India], July 11 (ANI): Former Chief Justices of India (CJI) Justice DY Chandrachud and Justice Jagdish Singh Khehar on Friday arrived at the Parliament House Annexe to attend the meeting of a Joint Parliamentary Committee (JPC), which is examining the One Nation One Election proposal. In the meeting, the two former Chief Justices will give a presentation before the committee on the issue of simultaneous elections in the Joint Committee on the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 and the Union Territories Laws (Amendment) Bill, 2024. Earlier in the day, the Chairperson of the JPC on One Nation One Election and Bharatiya Janata Party MP, PP Chaudhary said that most people and leaders across different states support the idea of simultaneous elections in the country. After visiting five states and one Union Territory, Chaudhary said that many political leaders, civil society members, and officials backed the proposal, though some had concerns. He added that the committee is discussing the issue seriously, and former Chief Justices of India will also give their views to help understand if the idea fits within the Constitution. Speaking to ANI, Chaudhary said, 'We went on a study tour to five states and one Union Territory to gather opinions on the idea of One Nation, One Election. In Maharashtra, we met with the Chief Minister, Deputy Chief Minister, Speaker, leaders of political parties, government officials, and civil society members. Most of them supported the idea, though some political parties had concerns, mainly about national and state issues.' 'Everywhere we went, we saw that committee members from all parties are showing genuine interest in this issue. We are all thinking about what is best for the country, beyond party lines. Former Chief Justices of India, Justice Khehar and Justice DY Chandrachud, will also be speaking to us. Their guidance will help us understand if this idea fits within the Constitution,' Chaudhary said. The bill aims to conduct simultaneous elections to the legislative assemblies in the states and the Parliament. (ANI)
Hindustan Times
20-06-2025
- Politics
- Hindustan Times
Though Cong opposes ‘One Nation One Election' Bill, we gave opinion to Parl panel: Himachal CM
Chief minister Sukhvinder Singh Sukhu on Thursday said that the party opposes One Nation, One Election. He said this at the Joint Parliamentary Committee (JPC) on the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, and the Union Territories Laws (Amendment) Bill, 2024, pertaining to the proposal of One Nation-One Election, held at Fagu. Giving details, the chief minister said, 'The meeting was chaired by Member of Parliament PP Chaudhary. We were invited to share our personal and party's views on One Nation, One Election. The speaker, deputy speaker, and other stakeholders are also being called. As elected representatives, we believe it is our duty to participate in such democratic discussions.' 'Our stand is clear, we oppose One Nation, One Election. However, we gave inputs to strengthen democratic structures. We raised practical concerns what happens when a government collapses mid-term, or an MLA resigns? How will tenures align?' he said. 'If the proposal is to hold all elections in 2029, but our state elections are due in 2027, will those be deferred by two years? These are significant constitutional challenges that need thorough deliberation' Sukhu added while thanking the committee members for visiting Himachal and sharing the draft bill and scope of the proposal. People want One Nation, One Election: Chaudhary 'People want One Nation, One Election , it's not just a political issue, it's a national issue,' said Bharatiya Janata Party MP PP Chaudhary. 'In every state we visit, civil society, scholars, Padma awardees, and even those in Congress-ruled states have shown overwhelming support to one Nation One election,' said Chaudhary, while adding, 'Separate elections mean separate voter lists, multiple deployments, school closures for polling, and repeated election expenditure.' He said that the simultaneous elections were the norm until 1967, which changed only after 1970 due to early dissolution of assemblies. 'No political party can ignore the will of the people. If citizens demand it, even parties that oppose the idea may reconsider,' said Chaudhary. One Nation, One Election would be significant for hill states: Thakur Member of the committee and former Union minister Anurag Thakur said that One Nation, One Election would be significant for hill states like Himachal Pradesh. 'Simultaneous elections save time, money, and reduce disruption especially in hill states' said Anurag. 'The Joint Committee is rightly meeting political leaders, media, and intellectuals to gather diverse perspectives. Students and youth have shown great interest. If this bill becomes law, it can accelerate development and strengthen our democracy.' He said. Basic structure of Constitution must not be altered: Pathnia Himachal assembly speaker Kuldeep Singh Pathania said, 'The basic structure of constitution must not be altered. The Constitution already provides for five-year terms for both Parliament and state legislatures. But mid-term elections and breakdowns in governance have disrupted that structure. This committee is exploring whether we can return to that stability.' People want elections held together: Jai Ram Thakur Former chief minister and leader of Opposition Jai Ram Thakur said, 'The One Nation, One Election bill is a bold move. Political parties may have different opinion but the public sentiment is clear in favour of one nation one election.' 'Our party fully supports it. We believe it should be implemented as soon as possible,' added Jai Ram.
The Print
04-05-2025
- General
- The Print
What Rajasthan HC said ordering free education for 11-yr-old rape survivor till age of majority
The Rajasthan HC received three letters from Balika Grah's superintendent between November 2024 and February 2025, requesting school admission for the rape survivor. The Rajasthan HC ruling on 15 April this year referred to a lower court order from last year, emphasising her comprehensive care and support, including shelter, medical assistance, and education, until she reached the age of majority, which, under the Indian Majority Act 1875, is 18. New Delhi: The Jaipur Bench of the Rajasthan High Court, on a series of requests by the Superintendent of the state government-run Balika Grah in Gandhinagar, has granted a rape survivor free enrolment in Class 3, directing officials to give her full support for her schooling. The survivor reportedly gave birth to a child while residing at the Balika Grah, with the newborn handed over to the Central Adoption Resource Authority (CARA), after which she said she wanted to continue her education to build a better future. The single bench of Justice Anoop Kumar Dhand stressed the importance of the right to education in India, highlighting its fundamental nature, which should apply to every child, and the challenges in girls' education. The judge said: 'The Constitution (Eighty-sixth Amendment) Act, 2002, inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.' 'The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards,' it added. The girl was admitted to Balika Grah on 19 January, 2024 under a previous 17 January, 2024 lower court order. The earlier order directed necessary care for her, along with nutritious food, medical attendance, and facilities, including education. The lower court took into account the difficult family circumstances of the petitioner, a young girl, who had no one to care for her. Recognising her vulnerable situation, it deemed it appropriate to admit her to Balika Grah. The order stated she should remain at the facility until she attained the age of majority, that is, 18. For her overall well-being and development, it also instructed the superintendent and staff to look after her, providing her with nutritious food, medical care, or any other assistance she may require. Adding to this, the Rajasthan HC order said, 'Looking to her interest in studies and her wish to undergo studies, this court deems it just and proper to grant permission to the Superintendent, Government Balika Grah, Department of Child Rights, Gandhinagar, Jaipur, to admit the girl in any government school situated nearby the vicinity of Balika Grah and bear expenses of her studies and provide her necessary books and study material to continue her studies till attaining the age of majority.' The Rajasthan HC ordered the facility to ensure that the expenses of her education and materials were covered. It asked the Balika Grah superintendent, police superintendent police (rural), Jaipur district administration, and child protection officer to submit documentary proof of her school admission and annual reports in the first week of July. They should also visit the child regularly to ensure her studies continue without hurdles, the Rajasthan HC said. The ruling reinforced the commitment to ensuring educational access and support for vulnerable children in state care, aligning with constitutional mandates and the broader goal of empowering girls through education. Addressing the gender gap in education, the court said, 'Despite the benefits of girl education, many challenges remain in India. Girls often are expected to prioritise household chores and marriage over education, and many families cannot afford to send their daughters to school.' The judge said that girls are still 'lagging behind boys in enrollment, completion rates, and literacy'. The Indian government and non-governmental bodies, however, are aiming to increase access to education for girls, with some progress over the recent years. 'However, there is still a long way to go to ensure that every girl in India can receive a quality education and realise her full potential,' the Rajasthan HC said. (Edited by Madhurita Goswami) Also Read: SC asks govt to respond to divorced man's plea against Surrogacy Act. How law regulates access in India
Hans India
24-04-2025
- Politics
- Hans India
Delhi HC defers hearing on plea challenging halting of issuance of EWS certificates
New Delhi: The Delhi High Court on Thursday could not take up for hearing a plea against halting the issuance of Economically Weaker Sections (EWS) certificates in the national capital. A single-judge bench of Justice Sachin Datta, which was scheduled to hear the matter, did not assemble. As per the petitioner's counsel, the plea challenging the Delhi government's directive to stop the issuance of all EWS certificates indefinitely is likely to be heard next on April 28. 'The Government of NCT of Delhi has, pursuant to a meeting held on 09.04.2025, issued a directive to stop the issuance of all EWS certificates indefinitely. This has been done without any statutory notification, legal basis, or transparent procedure, allegedly due to apprehensions regarding misuse or irregularities,' said the plea filed through advocate Ashu Bidhuri. As a result, the petitioner and other similarly placed genuine applicants, applying for the post of Assistant Public Prosecutor, are being denied access to a constitutional benefit enshrined under Articles 15(6) and 16(6) of the Constitution, it added. 'The impugned directive, lacking any formal legal sanction, amounts to a blanket prohibition on a welfare measure enacted by Parliament, thereby violating the constitutional scheme of separation of powers. It constitutes executive overreach, frustrates the intent of the Constitution (One Hundred and Third Amendment) Act, 2019, and infringes upon the petitioner's rights under Articles 14, 16, 19(1)(g), and 21 of the Constitution,' contended the plea. It prayed to quash the executive directive halting the issuance of EWS certificates and sought a direction to the concerned authorities to issue the petitioner a valid EWS certificate in a time-bound manner to enable him to apply for the reserved post. As per the advertisement, the Union Public Service Commission (UPSC) has reserved six out of 66 vacancies for the post of Assistant Public Prosecutor (APP) for EWS candidates. The last date for submission of the application is May 1.
