
Poll Watchdog Challenges Election Body's Bihar Roll Revision, Moves Court
The Association of Democratic Reforms has moved the Supreme Court, challenging the Election Commission's direction for a Special Intensive Revision, or SIR, of electoral rolls in Bihar.
The EC on June 24 issued instructions to carry out an SIR in Bihar, apparently to weed out ineligible names and ensure only eligible citizens are included in the electoral roll.
Bihar goes to the polls later this year.
The NGO has sought the setting aside of the order and communication, arguing that it violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of the Representation of People's Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960.
Advocate Prashant Bhushan, who filed the plea, said the EC order "can arbitrarily and without due process" disenfranchise lakhs of voters and disrupt free and fair elections.
"That the documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in Bihar further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement," Prashant Bhushan said.
The last such revision in Bihar was conducted in 2003.
According to the EC, the exercise was necessitated by rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of the names of foreign illegal immigrants.
It said that with the exercise, it wants to ensure the integrity and preparation of error-free electoral rolls.
The SIR is being conducted by the booth officers, who are conducting a house-to-house survey for verification.
The EC said it will scrupulously adhere to the constitutional and legal provisions as laid down in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950, in carrying out the revision. PTI PKS VN VN
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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Hindustan Times
14 minutes ago
- Hindustan Times
Amit Shah tables 3 bills in Lok Sabha, sent to JPC amid chaos
Union home minister Amit Shah on Wednesday introduced in the Lok Sabha three contentious bills that bar any minister, chief minister or prime minister from holding the position after getting arrested, amid a storm of Opposition protests and sloganeering that even saw the draft legislation torn up and pieces of paper flung at the minister. Home Minister Amit Shah speaks in the Lok Sabha during the Monsoon session of Parliament on Wednesday(Sansad TV) Tempers flared, copies of the bills were torn and members of the ruling and opposition coalitions came face-to-face and jostled in the Lower House, which eventually sent the three bills to a joint parliamentary committee, comprising 21 members of the Lok Sabha and 10 from the Rajya Sabha. Some Opposition members charged towards the Well of the House and even headed towards Shah who was introducing the bill around 2pm, forcing a brief adjournment and admonishment from speaker Om Birla. When the House was reconvened at 3pm, 15 marshals were brought inside the House and the home minister introduced the bills from the fourth row, instead of the first, guarded by marshals. 'On one hand, PM Narendra Modi has introduced a constitutional amendment to bring himself into the ambit of law. On the other hand, under the leadership of Congress, the entire opposition has opposed it in order to remain above the law, run governments from jail, and cling to power,' Shah posted on X. The three bills – the Constitution (130th Amendment) Bill, The Jammu & Kashmir Reorganisation (Amendment) Bill and The Government of Union Territories (Amendment) Bill – propose that a sitting minister, chief minister or even the Prime Minister can lose their position within a month if they are arrested or detained for 30 consecutive days over an offence that carries a jail term of five years or more. Shah rose to introduce the three bills – which will require a two-thirds majority in the House to become a law – shortly after 2pm. Almost immediately, at least five opposition MPs opposed it, saying the members were not given time to read the bill, and alleged that the bill will empower agencies to settle political rivalry, target opposition parties and undermine constitutional safeguards. Congress leader KC Venugopal, who also tore a copy of the bill, asked the home minister if he had resigned after being arrested when he was the state home minister in Gujarat. 'The people in BJP are saying that this bill will bring back morality in politics. I want to ask the home minister. He had been arrested. Whether he took the morality of resigning…This bill is to threaten people like Nitish Kumar (Bihar chief minister) and N Chandrababu Naidu (Andhra Pradesh CM).' An irate Shah responded immediately. 'When the allegations were levelled and before the arrest, I resigned on moral grounds. Until the courts passed an order, I did not accept any constitutional post. I want to assure that this bill will ensure morality. We should not have a situation where there are grave allegations and yet the person continues to hold the post,' he said. Trinamool Congress's Trinamool's Kalyan Banerjee, who was standing in front of Shah, turned around and tried to use the minister's microphone to oppose the bill. Some other TMC members hurled papers in front of the minister. Parliamentary affairs minister Kiren Rijiju, who was seated on the second row, rushed to stand between the protestors and Shah. Minister of state Ravneet Singh Bittu also came running down. The bill was finally introduced at 3.02pm after a voice vote and sent to a JPC by 3.05pm after another voice vote. Opposition MPs, including All India Majlis-e- Ittehadul Muslimeen's Asaduddin Owaisi, Congress's Manish Tewari and Venugopal, and Revolutionary Socialist Party's NK Premachandran, spoke against the introduction, terming the proposed law against the Constitution and federalism. Demanding that Shah withdraw the bills, Tewari said they were 'squarely destructive' of the basic structure of the Constitution and turned the fundamental principle of the rule of law that a person is innocent till proven guilty on its head. The bills gave due procedure a go-by and made an investigating officer the 'boss of the Prime Minister of India', he said. Later in the evening, the home minister defended the bills. 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Hindustan Times
16 minutes ago
- Hindustan Times
New bills will ensure morality, probity: BJP
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In 2006, Gandhi had to resign as Lok Sabha MP after being accused of holding an office of profit by being a Member of Parliament as well as the Chairperson of the National Advisory Council, which was a post with the rank of a Cabinet minister. Responding to a question whether the government was confident of getting the numbers to pass the bill, the second leader said, 'We don't have the numbers, but we decided to send it to the JPC so that there can be discussion on the bill…Let the opposition stall its passage and explain to the people why they did so.' The BJP also dismissed the opposition's claims that the provisions were violative of the constitution. 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Hindustan Times
16 minutes ago
- Hindustan Times
State will be at whim of Governors if bills held up: SC
The Supreme Court on Wednesday expressed strong reservations over the Union government's interpretation of the governor's powers under the Constitution, observing that if a governor could permanently withhold assent to bills passed by an elected state legislature, it would effectively leave the state government at the 'whims and fancies' of a nominated office-bearer. Tushar Mehta insisted that the governor's power to withhold assent must be preserved in 'exceptional circumstances' The remarks came on the second day of hearings before a Constitution Bench led by Chief Justice of India Bhushan R Gavai, with justices Surya Kant, Vikram Nath, PS Narasimha and Atul S Chandurkar, on a presidential reference under Article 143. The reference, made by President Droupadi Murmu in May, seeks clarity on the top court's April 8 ruling that had, for the first time, prescribed timelines for governors and the President to decide on bills pending before them. At the heart of Wednesday's arguments was the Centre's reading of the word 'withhold' in Article 200, which solicitor general Tushar Mehta argued empowers a governor to reject a bill outright, leaving it to 'fall through' without the option of being sent back to the legislature. Article 200 entails options for the governor to either grant assent to a bill passed by the state legislature, 'withhold' assent, return it for reconsideration, or reserve it for the President's approval 'This power has to be exercised sparingly and rarely, but this power is there with him,' submitted Mehta, adding that to deny such authority would reduce the governor to 'a mere post office'. The bench, however, pushed back. 'If he does not send the bill again, he can still withhold a bill for time immemorial,' the court pointed out, citing instances such as Tamil Nadu where bills re-enacted by the assembly had remained in limbo without any declaration from the governor. 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'The validity of a constitutional vision comes by its performance and experience,'said the bench, adding that the absence of legislative impact assessments during framing had left provisions such as Article 200 vulnerable to 'complications and disputes'. Mehta, however, insisted that the governor's power to withhold assent must be preserved in 'exceptional circumstances', including on matters implicating national security or where a bill may violate fundamental rights. 'His oath of defending the Constitution will require him to exercise this power in the rarest of rare cases,' he said, while cautioning the court against turning the governor into a ceremonial figure. The bench repeatedly pressed the solicitor general on whether the power to 'withhold' could be read as an indefinite veto, pointing out that the proviso to Article 200 itself prohibits a governor from withholding assent once a bill has been re-passed by the assembly. 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At one point, the bench maintained that the governor must 'declare' or communicate his decision of withholding a bill to the state assembly, adding the central points of debate would be around the meaning of the term 'withhold' and the timeline. The presidential reference, prompted by the court's April judgment in the Tamil Nadu case, asks whether the judiciary can impose timelines on constitutional authorities like governors and the President when the Constitution itself is silent. In that ruling, a two-judge bench also fixed a three-month deadline for the president to decide on bills referred by a governor, and one month for a governor to act on re-enacted bills. It had even invoked Article 142 to deem 10 Tamil Nadu bills as assented to, after holding that the governor's prolonged inaction was 'illegal'. 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