Advani urges Pranab for simultaneous polls, fixed legislture terms

August 12, 2012

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New Delhi, August 12: BJP leader L.K. Advani Sunday called upon President Pranab Mukherjee to take the initiative for bringing the country out of "perpetual election mode" and ensure simultaneous polls to the Lok Sabha and state assemblies every five years with fixed term for the legislatures.

In the latest post on his blog, Advani said successive elections to state assemblies was not good for governance and polity as it influences decision making.

The Bharatiya Janata Party (BJP) leader said he had discussed the issue of electoral reforms in 2010 with Prime Minister Manmohan Singh and Mukherjee, the then Leader of House in the Lok Sabha, and both were receptive to his suggestion that there should not be midway dissolution of either the Lok Sabha and state assemblies and they should have a fixed tenure.

"For the non-partisan responsibility Pranab Da has just assumed, taking an initiative regarding electoral reform would be very appropriate," he said.

"Let the new Rashtrapati take an initiative with regard to poll reforms in their totality, but more specifically in respect of this particular matter which we had once discussed," Advani said.

"Let the present government in which he himself has been a principal player accomplish this one thing at least: a fixed tenure for Lok Sabha and state assemblies, and simultaneous elections at the centre and states every five years," he added.

Advani noted that the United Progressive Alliance's (UPA) term will end May 2014 but 12 states have seen elections since the 2009 Lok Sabha polls and two more are expected to go to polls before the end of 2012.

"In a way, for those running the Union Government this vast country of ours with its huge population is in a perpetual election mode. When for six years we were in the NDA Government we actually experienced how impending elections even in a remote corner of the country used to influence decision making in New Delhi. I feel this is not good either for governance or for the polity," Advani said.

The BJP leader said first general elections in India and assembly elections were held in 1952, and this was repeated in 1957, 1962 and 1967.

The fifth general elections were due in 1972 but were held in 1971 due to the Lok Sabha's early dissolution at the insistence of the Indira Gandhi government, but assembly elections took place as scheduled in 1972, thus leading to "the initial delinking" of the two.

Advani also said that the use of Article 356 - which empowers the union government to dissolve a state assembly if it concluded that the government in the state was not being carried on in accordance with the Constitution - had resulted in the delinking of the election programme of different states.

Referring to the election system in the US where the election date is fixed, Advani said that the exact date of elections should not be arbitrarily decided by the executive.

Advani added that during his discussions on the issue of simultaneous elections with the prime minister and Mukherjee, he had indicated that the British government was also thinking in the same direction and their parliament had also passed a law in this direction in 2011.


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November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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