Tag: CEC

CEC says ‘vacuum’ in J-K, what it means beyond gap between last elections and now?

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Chief Election Commissioner Rajiv Kumar made a significant comment about the Assembly polls in Jammu and Kashmir. He observed: “There is vacuum that needs to be filled,” and it immediately got translated into the widening duration between the elections held last in J&K, and now. Technically, this vacuum is about time. There, however, are larger issues involved, which this vacuum phrase invokes.
The last assembly polls in J&K, when it was special status state under Article 370, were held in November-December 2014. By that count, it is almost nine years between then and now. In practical terms, it’s since June 19, 2018, there has been no Assembly, first, it was kept in suspended animation, and then dissolved on November 21, 2018, in the most mysterious circumstances when a supposedly dysfunctional fax machine at Raj Bhawan, Jammu became the cause of not entertaining a plea by three parties- PDP, National Conference, and Congress, and few independents to form the government. Even if that controversial act of the then Governor Satya Pal Malik is to be condoned, the elections to the Assembly should have been held within the stipulated period of six months from the date of dissolution- that is by May 2019. Ironically, the parliamentary polls were held in April-May, 2019. It, in itself, dismissed the thesis that the elections were not possible because of the poor security situation. This logic remains beyond comprehension.
Again even if the argument is entertained that there are different sets of security covers needed for the parliamentary and Assembly polls, as the election of MLAs invokes intense electioneering and campaigning in wider areas than the Lok Sabha polls, even then some sort of date should have been announced. Prior to the abrogation of Article 370 and the split of the state into two union territories, the Election Commission of India had declared that it would take the call after the conclusion of the Amarnath Yatra. The pilgrimage to the cave shrine in the Himalayas in Kashmir, devoted to Lord Shiva at the height of 13,500 feet above sea level, however, was canceled on August 2, 2019, apparently, because it was under immediate threat of terror attacks. So that schedule got canceled with that only. As the whole landscape of the erstwhile state of Jammu and Kashmir changed on August 5, 2019, along with its political history and future outlook, the elections were not possible owing to security reasons, and also that there were apprehensions of noisy and violent street protests – holding of the polls that time would have been hara-kiri. Moreover, all the political leaders of the regional parties were put behind bars,- some under house arrest, others in detention elsewhere, and hundreds of others, stone throwers, and miscreants were also sent to jails. The issues got changed overnight from elections to Article 370 and the dismantling of the state into two union territories. In a place where the internet remained shut for almost one year, the elections were unthinkable.

There was rhetoric to show that doing away with Article 370 has brought changes that marginalized sections in society. There also was simmering against the move. There were several parties and sections of society who did not see the move as just a constitutional measure, depriving J&K of its special status and constitutional guarantees, but as something aimed at marginalizing their identity, culture, and demography.
In the hindsight, it’s clear now that the constitution of the Delimitation Commission in March 2020, was a move to gain time to test the ground for the political outcome. It was not without a reason that the Jammu region, perceived to be BJP bastion, got an increase of six seats from 37 to 43, while Kashmir, having more population, got just one more seat – 46 to 47. The Delimitation Commission report came out in May 2022- a delay of 14 months due to the Covid pandemic. After the Commission’s report, a summary revision of electoral rolls was ordered and it was completed in November 2022. That should have brought the elections into sight, but, in reality nowhere to be seen.
This vacuum runs against the spirit of democracy. The elected representatives in the Assembly form core of the democracy. If the people feel unrepresented, then the vacuum assumes greater and serious dimensions than merely the gap between the last elections and now.
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#CEC #vacuum #means #gap #elections

( With inputs from www.siasat.com )

April 3, 2023
Assam parties expressed reservations over delimitation based on 2001 Census: CEC

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Guwahati: The ECI on Tuesday said civil society organisations did not oppose Assam’s delimitation process, but several political parties have expressed reservations over issues like the exercise being done based on 2001 census or not putting it off till 2026 when the next nationwide delimitation is due.
Chief Election Commissioner Rajiv Kumar held discussions with various stakeholders ahead of the delimitation of Assembly and Lok Sabha constituencies in this North Eastern state during a three-day visit since Sunday.
Kumar told a press conference that consultations with the stakeholders will be held again after the draft proposal for delimitation is published, though he refused to assign any timeframe for its notification.
He said there will be no change in the number of constituencies in the state in this exercise.
The CEC said nine recognised national and state political parties and various social organisations, numbering a total of over 60, met the ECI team.
Kumar and the two election commissioners, Anup Chandra Pandey and Arun Goel, held talks with state government officials and deputy commissioners among others.
“Everyone wants peace to be maintained and the process to be carried forward. No one was opposed to the process,” he said, sharing the gist of what the civil society organisations had presented before it.
Mentioning various points raised by political parties and other organisations, Kumar said delimitation is being done based on the 2001 Census figure as mandated by law.

He said the delimitation process is being resumed in the state after coming to a halt in 2008 as the President rescinded the previous order.
Asked if the exercise will be done again in the state when it is undertaken nationwide in 2026, Kumar said it is “too early” to speak on that as it will be conducted on the 2021 census, which is yet to be done.
He pointed out that the number of constituencies could change in the 2026 delimitation, though there will be no such changes in the ongoing process.
On the possible change in the number of constituencies reserved for SC and ST, he said it is worked out as per their proportion to the total population.
The CEC said requests have been put before the ECI to consider lower population growth rate in upper Assam areas while realigning constituencies and also special consideration for the sixth schedule areas and Bodoland Territorial Autonomous Districts.
When asked if non-completion of the updation of the National Register of Citizens (NRC) could cause problems in the delimitation process, Kumar said the two activities are carried out under different legislative frameworks.
He said that every section of the community across the state will be considered fairly, within the legal framework and adhering to principles of equity.
Kumar said those who could not present their views before the ECI panel personally can send them through email or submit them through the Chief Electoral Officer or the DCs till April 15.
Taking into consideration all suggestions, the ECI will publish the draft proposal and give one month to the public for their suggestions, after which the panel will once again visit the state for a personal hearing, he added.
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#Assam #parties #expressed #reservations #delimitation #based #Census #CEC
( With inputs from www.siasat.com )

March 28, 2023
Govt is examining SC order on appointment of ECs, CEC: Kiren Rijiju

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New Delhi: Responding to a question asked by a Congress MP whether the Government has any plans to enact a law for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) to conduct free and fair elections, Law Minister Kiren Rijiju said that the government is examining the judgement of the Supreme Court and will take appropriate action.
Congress Rajya Sabha MP Mukul Wasnik asked Union Law Minister Kiren Rijiju whether the Government has any plans to enact a law for the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) that will ensure the integrity of the Election Commission of India for the conduct of free and fair elections.
In the written reply to Wasnik, Union Minister Kiren Rijiju further said, “Recently, in Writ Petition (Civil) No.104 of 2015, Anoop Baranwal vs Union of India, with Writ Petition (Civil) No.1043 of 2017, 569 of 2021 and 998 of 2022, the Supreme Court of India has inter alia held in its judgment dated March 2, 2023, that until the Parliament makes a law in consonance with Article 342(2) of the Constitution the appointment of the Chief Election Commissioner and the Election Commissioners shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, Leader of the Opposition of the Lok Sabha and in case no Leader of Opposition is available, the Leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India.”
Highlighting that the Election Commission of India is a permanent constitutional body established in accordance with Article 324(1) and Article 324 (2) of the Constitution of India.
The Union Minister said, “Election Commission shall consist of the Chief Election Commissioner and such number of Election Commissioners, if any, as the President may from time to time fix and that the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”
“Originally, the Commission was headed by the lone Chief Election Commissioner. In order to ensure transparency in the working of the Commission and for the conduct of free and fair elections in the country, the government appointed two additional Commissioners in October 1989, who continued only till January 1990. Later, on 1st October 1993, two Election Commissioners were appointed and the concept of present-day multi-member Commission has been in vogue since then,” he added.
No specific law has been made by the Parliament as envisaged under Article 324 (2) of the Constitution of India for the appointment of Chief Election Commissioner and the Election Commissioners, Rijiju further elaborated further.
“According to Rule 8 of the Government of India (Transaction of Business) Rules, 1961 read with Sl. No. 22 of the Third Schedule to the said Rules, the appointment of the Chief Election Commissioner and other Election Commissioners requires the approval of the Prime Minister and the President,” the law minister said.

“So far the senior members of Civil Service and/or other serving or retired officers of the rank of Secretary to the Government of India/Chief Secretary of the State Governments are appointed as Election Commissioners and the senior-most among the three Election Commissioners, as Chief Election Commissioner. The appointments to the posts of Chief Election Commissioner and the Election Commissioners are in consonance with the constitutional values that uphold the integrity and credibility of the Commission,” Rijiju said.
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#Govt #examining #order #appointment #ECs #CEC #Kiren #Rijiju
( With inputs from www.siasat.com )

March 24, 2023
Abdullah-led delegation of Oppn leaders meets CEC

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New Delhi: Veteran politician from Jammu and Kashmir and Lok Sabha member Farooq Abdullah led a delegation of leaders from Opposition parties to meet the Election Commission (EC) to press for early assembly polls in the Union Territory.
Jammu and Kashmir is without a legislative assembly and an elected government for the last five years, the National Conference (NC) leader said after a meeting with Chief Election Commissioner (CEC) Rajiv Kumar here.
“The CEC heard us and has assured that the commission would soon hold a meeting to discuss the issue,” Abdullah said.
The delegation informed the CEC and other members of the commission that the government has been claiming of restoring normalcy in Jammu and Kashmir and that now the onus is on the EC (to hold assembly elections), he said.
“So, we asked why was the commission not taking note of the plight of the people of Jammu and Kashmir,” Abdullah, a three-time chief minister of the erstwhile state, said.
In 2019, the Centre abrogated Article 370, which granted special status to Jammu and Kashmir, and bifurcated the state into Union territories of Jammu and Kashmir and Ladakh.
In a memorandum submitted to the poll panel, the leaders said “in disregard to the letter and spirit of the Constitution, an unrepresentative and unaccountable bureaucracy is allowed to run the government to the discomfort and inconvenience of the general public”.
The memorandum signed by NCP leader Sharad Pawar, Congress president Mallikarjun Kharge, CPI(M) general secretary Sitaram Yechury, AAP leader Sanjay Singh and others, said the EC is under the Constitutional obligation to hold assembly polls in Jammu and Kashmir.

The delegation said any further “delay in and denial of assembly elections would amount to denial of fundamental and democratic rights of the people of Jammu and Kashmir and a breach of Constitutional obligations”.
The panchayat elections and elections to other public representative institutions cannot be a substitute to legislative assembly elections and the government and for that matter, the EC cannot avoid and delay assembly elections on that ground, the delegation said in the memorandum.
“Had it been so, there would be no need to conduct assembly elections in states, as the EC is with due dispatch and punctuality, as is evident from recently held assembly elections in Meghalaya, Tripura and Nagaland and the elections scheduled to be held in Karnataka,” it said.
The opposition leaders said in each case, the argument though, inherently specious, could have been that as panchayati raj institutions (PRIs) were in place there was no need to hold assembly elections.
The Union home minister and other functionaries of the government of India have more than once stated that the government is ready to facilitate conduct of assembly elections and the final call is to be taken by the EC, the leaders claimed.
They said the assembly elections would be the first and important step towards restoration of all the Constitutional rights guaranteed in the Constitution and fulfilment of political aspirations of the people of Jammu and Kashmir.
The leaders urged the CEC to announce assembly elections in Jammu and Kashmir without any further delay and notify the election schedule so that the democratic rights of the people of Jammu and Kashmir and access to democratic institutions is restored.
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#Abdullahled #delegation #Oppn #leaders #meets #CEC
( With inputs from www.siasat.com )

March 16, 2023
Flawed reports causes more damage to credibility of poll management bodies: CEC KumarB

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Bengaluru: Chief Election Commissioner Rajiv Kumar has flagged “flawed” reports of some agencies and organisations, saying they cause more damage to the credibility of election management bodies as the pioneering work done by them finds no place in such surveys.
Kumar urged the EMBs to come up with essential parameters and standards which should guide such surveys and rankings.
He was addressing the 3rd International Conference on the theme ‘Inclusive Elections and Elections Integrity’ on Thursday in a virtual format.
The CEC along with fellow election commissioners were in Bengaluru where they also assessed the poll preparedness of poll-bound Karnataka.
He lamented that countries with low inclusivity are ranked high.
“The flawed report causes more damage to the credibility of EMBs,” he added.
The CEC urged the participating EMBs to come up with essential parameters and standards which should guide such surveys…countries with low inclusivity are ranked high,” the poll panel said in a statement.
Talking about inclusivity, the CEC pointed out that India has 460 million women voters, which is almost equal to the number of men voters.
In the 2019 Lok Sabha polls, more women than men voted. “This is the level of inclusion that India has been able to achieve,” he said.
In his address, Election Commissioner Anup Chandra Pandey said the Election Commission of India has been working for inclusive elections under the premise of ‘No Voter to be Left Behind’.

“Our flagship voter education programme SVEEP connects with over 950 million voters spread over more than one million polling stations across the country,” he said.
Election Commissioner Arun Goel said inclusive elections are a critical building block of ‘Elections Integrity’.
A total of 59 participants from 31 countries/ EMBs including Angola, Armenia, Australia, Canada, Chile Costa Rica, Croatia, Denmark, Dominica, Georgia, Guyana, Kenya, Rep. of Korea, Mauritius, Moldova, Norway, the Philippines, Portugal, Romania, St Lucia, Suriname, Sweden, Switzerland and Zambia, as well as representatives of two International organisations, participated in the Conference.
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#Flawed #reports #damage #credibility #poll #management #bodies #CEC #KumarB
( With inputs from www.siasat.com )

March 10, 2023
Owaisi welcomes SC ruling on appointment of CEC, ECs

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Hyderabad: IMIM president Asaduddin Owaisi on Thursday welcomed the Supreme Court ruling that the appointment of Chief Election Commissioner and the Election Commissioners will be done by the President on the advice of a committee comprising Prime Minister, Leader of the Opposition in Lok Sabha and the Chief Justice of India.
Addressing a public meeting organised here on the occasion of AIMIM’s 65th Foundation Day, he hoped that transparency will come with the SC decision and that the Election Commissioner would be more independent.
“For democracy, it is necessary that transparency comes in the Election Commission and he (Election Commissioner) gets more independence,” he said.
During the debate on Article 324 in the Constituent Assembly, all favoured more powers to the Election Commissioner, he said.
In a landmark verdict aimed at insulating the appointment of the Chief Election Commissioner and Election Commissioners from the executive’s interference, the Supreme Court on Thursday ruled that their appointments will be done by the President on the advice of a committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and the CJI.
Owaisi spoke about the comments of radical preacher Amritpal Singh in Punjab, and in an apparent reference to Union Home Minister Amit Shah, he asked as to why is the latter silent on the issue.
“We would like to ask India’s Prime Minister. In Punjab, one ‘saahab’ has come from Dubai. His name is Amrit. BJP says it is ‘Amritkaal’. Who is this Amrit in ‘Amritkaal’ and why is the Amit silent?,” he said.
“If any Muslim said the same thing, our TV anchors would have shown it 24 hours. (They would have said) ‘Owaisi said this today. He spoke about the country’. But, what is this? Nothing is said on this,” he said.

The AIMIM president asked his party leaders to start preparations for the Assembly elections to be held in Telangana later this year.
The preparations should be to see that hatred ends and peace wins and the progress of Telangana continues, he said.
He said the people have to decide whether they want “Constitution or bulldozer.”
The AIMIM president said his party would increase its strength in the Telangana Assembly polls. At present, the party has seven members in the Telangana Assembly.
Alleging that the BJP is moving forward in the State with a message of hatred, he hoped that the people of Telangana would reject it.
He indicated that the AIMIM would also contest in the upcoming Karnataka and Rajasthan Assembly polls.
Reiterating his allegation on “China’s intrusions into Indian territory,” he attacked External Affairs Minister S Jaishankar’s reported comments that ‘China is a bigger economy than India’s”.
He said AIMIM would like to ask the Prime Minister, ‘RSS people’ and the ‘BJP-bhakts’ whether India is small.
“The country does not become big or small with economy, Modi ji. The country becomes big by having a big heart,” he said.
If a country becomes big or small on the basis of its economy, why is Ukraine fighting against Russia and why did Vietnam fight with the US, he asked.
“BJP and the PM does not have faith on the country’s army and the people. You say India is small because of economy. What ‘Vishwa guru’ the PM is talking about,” he said.
Wondering what message would have gone to the world, including US, Britain and other countries, he said the message would be that India considers China to be big and sees itself as small.
Though China is big, India cannot lose its territory, he said. India is also a nuclear power, he added.
Referring to ‘Junaid and Naseer’ (two Rajasthan men whose charred bodies were found in Haryana), he alleged that Rajasthan Chief Minister Ashok Gehlot did not go to console their family members. However, there is information that Gehlot may go because AIMIM is speaking about it, he said.
AIMIM condemns the deaths of Junaid and Naseer in Rajasthan and also Khadeer Khan in Telangana allegedly following police interrogation recently, he said.
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#Owaisi #welcomes #ruling #appointment #CEC #ECs
( With inputs from www.siasat.com )

March 2, 2023
‘Can’t be a pliable EC’: SC rules panel of PM, LoP, CJI for appointment of CEC, ECs

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New Delhi: The Supreme Court on Thursday ordered that appointment to the posts of Chief Election Commissioner (CEC) and the Election Commissioners (EC) should be done by the President on the advice of a committee consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India.
The top court noted that a pliable Election Commission, an unfair and biased overseer of the foundational exercise of adult franchise, which lies at the heart of democracy, who obliges the powers that be, perhaps offers the surest gateway to acquisition and retention of power.
A five-judge constitution bench, headed by Justice K.M. Joseph and comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C. T. Ravikumar, said: “We are concerned with and the devastating effect of continuing to leave appointments in sole hands of the executive on fundamental values, as also the fundamental rights, we are of the considered view that the time is ripe for the court to lay down norms.”
“We declare that as far as appointment to the posts of Chief Election Commissioner and the Election Commissioners are concerned, the same shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such leader, the leader of the largest party in the opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India. This norm will continue to hold good till a law is made by the Parliament.”
The bench, in its 378-page judgment, said there cannot be any doubt that the Election Commission is to perform the arduous and unenviable task of remaining aloof from all forms of subjugation by and interference from the executive. “One of the ways, in which, the executive can bring an otherwise independent body to its knees, is by starving it off or cutting off the requisite financial wherewithal and resources required for its efficient and independent functioning,” it noted.
Making an appeal for a permanent secretariat for the EC, the bench said that a vulnerable commission may cave in to the pressure from the executive and, thus, it would result in an insidious but veritable conquest of an otherwise defiant and independent commission.
Emphasising on Parliament making a law, the bench said the vacuum exists on the basis that unlike other appointments, it was intended all throughout that appointment exclusively by the executive was to be a mere transient or stop gap arrangement and it was to be replaced by a law made by the Parliament taking away the exclusive power of the executive. “This conclusion is clear and inevitable and the absence of law even after seven decades points to the vacuum,” it added.
Justice Joseph, who authored the judgment on behalf of the bench, said: “Criminalisation of politics, with all its attendant evils, has become a nightmarish reality. The faith of the electorate in the very process, which underlies democracy itself, stands shaken. The impact of ‘big money’ and its power to influence elections, the influence of certain sections of media, makes it also absolutely imperative that the appointment of the Election Commission, which has been declared by this court to be the guardian of the citizenry and its fundamental rights, becomes a matter, which cannot be postponed further.”

The bench added that criminalisation of politics, a huge surge in the influence of money power, the role of certain sections of the media where they appear to have forgotten their invaluable role and have turned unashamedly partisan, call for the unavoidable and unpostponable filling up of the vacuum.
“Even as it is said that justice must not only be done but seen to be done, the outpouring of demands for an impartial mode of appointment of the members require, at the least, the banishing of the impression, that the Election Commission is appointed by less than fair means,” noted the bench.
It added that political parties undoubtedly would appear to betray a special interest in not being forthcoming with the law and there is a crucially vital link between the independence of the Election Commission and the pursuit of power, its consolidation and perpetuation.
“As long as the party that is voted into power is concerned, there is, not unnaturally, a near insatiable quest to continue in the saddle. A pliable Election Commission, an unfair and biased overseer of the foundational exercise of adult franchise, which lies at the heart of democracy, who obliges the powers that be, perhaps offers the surest gateway to acquisition and retention of power,” said the bench.
The bench noted that the demand for putting in place safeguards to end the pernicious effects of the exclusive power being vested with the executive to make appointment to the Election Commission, has been the demand of political parties across the board.
“Successive governments have, irrespective of their colour, shied away from undertaking, what again we find was considered would be done by Parliament, by the founding fathers,” it added.
The top court’s judgment came on a batch of petitions filed by Anoop Baranwal, Ashwini Kumar Upadhyay, NGO Association for Democratic Reforms and Jaya Thakur seeking an independent mechanism for appointment of CEC and ECs.
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#pliable #rules #panel #LoP #CJI #appointment #CEC #ECs
( With inputs from www.siasat.com )

March 2, 2023