LAW REGARDING EARLY ELECTION

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Context:

Delhi Chief Minister Arvind Kejriwal has resigned and demanded early elections in Delhi.

Details

He urged the Delhi and Maharashtra elections to be held together in November 2024. However, the Delhi Assembly's term will end in February 2025.

Who Fixes Election Schedules?

• The decision about the timing of elections is not exclusively in the hands of the Chief Minister.
• Article 324 of the Indian Constitution gives the Election Commission of India (ECI) the power to superintendence, direct, and control elections.
• The ECI starts the election work before the Assembly’s five-year term expires to ensure elections are completed before the term ends.
  • • If the term of an Assembly ends in February 2025, the election process must be completed by then.
• Section 15(2) of the Representation of the People Act 1951 states that if the Assembly is dissolved early, the ECI can only notify elections six months before the end of the term.
  • • Therefore, unless a formal dissolution occurs, the ECI is not obligated to hold early polls solely because a Chief Minister requests them.

Can a Chief Minister Decide on Early Elections?

• Article 174(2)(b) of the Indian Constitution authorises the Governor to dissolve a Legislative Assembly.
• The Chief Minister (CM) can recommend early dissolution of the Assembly.
  • • Telangana CM Chandrasekhar Rao dissolved the Assembly before its term ended in 2018.
    • The Governor accepted the recommendation, and fresh elections were announced.
• The case in Delhi is more complicated because of its unique administrative setup.
  • • Delhi is a Union Territory with a Legislative Assembly under the Government of National Capital Territory of Delhi Act, 1991 (GNCTD Act).
    • Section 6(2)(b) of the GNCTD Act allows the Lieutenant Governor to dissolve the Assembly; this power is not autonomous.
• In Delhi’s case, even if the Chief Minister recommends dissolution, the final decision lies with the Centre, as the Lieutenant Governor (LG) acts as a central government representative.

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Source:

Indian Express

PRACTICE QUESTION Q.Which of the following grounds may disqualify a candidate under the Representation of the People Act of 1951? 1. A conviction for promoting hatred on religious or communal grounds. 3. Holding an office of profit under the government. 4. Failure to submit an election expenditure report. Select the correct answer using the codes given below: A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2 and 3 Answer: D Explanation: Statement 1 is correct: A conviction for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., is a ground for disqualification Statement 2 is correct: A candidate holding an office of profit under the government (except those exempted by law) is disqualified to prevent conflicts of interest. Statement 3 is correct: Candidates must submit a report of their election expenses within a specified period. Failure to do so can lead to disqualification.