Delhi's CM wants early elections to Delhi Assembly

Delhi's Chief Minister has called for early assembly elections, aligning them with the elections in Maharashtra, where a new assembly must be elected by November 26, 2024. The current term of the Delhi Assembly ends on February 23, 2025.

1. This comes after he resigned to allow AAP leader Atishi to assume the position amidst allegations related to an excise policy corruption case.

Constitutional Framework for Elections

Election Authority

Election Commission of India (ECI): Established under Article 324 of the Constitution, the ECI oversees the electoral process, ensuring elections are conducted before the existing Assembly’s term ends.

Key Legal Provisions

Representation of the People Act (RPA), 1951: Section 15(2) stipulates that elections cannot be notified less than six months before the assembly's term ends unless there is a premature dissolution.

Dissolution of the Assembly:

• Governor's Role:
  • Article 174(2)(b) allows the Governor to dissolve the Legislative Assembly as needed. The Chief Minister can recommend dissolution, but final approval lies with the Governor and, ultimately, the Central Government.

Special Case of Delhi

1. Governed by the Government of National Capital Territory of Delhi Act, 1991.
2. Section 6(2)(b) states the Lieutenant Governor (LG) may dissolve the Assembly, pending Central Government approval.

Factors Considered by the ECI for Election Scheduling

1. Term End Date: New assembly must be constituted before the current term concludes.
2. Logistical Considerations: Weather, security force availability, and election officer training.
3. Administrative Inputs: Gathering insights from local administration and police.
4. Clubbing Elections: ECI aims to combine elections across states to streamline the process.

Governance Model of Delhi

Constitutional Provisions

1. Union Territory Status: Delhi is a Union Territory under Schedule I but designated as the National Capital Territory (NCT) under Article 239AA.

Article 239AA:

1. Inserted by the 69th Amendment Act, 1991, granting Delhi special status.
2. Provisions:
   1. Establishes an Administrator and a Legislative Assembly.
   2. The Assembly can legislate on matters in the State and Concurrent Lists, except for police, public order, and land.
   3. The LG must act on the advice of the Council of Ministers but can refer disputes to the President.

Power Dynamics

1. The dual control between the LG and the elected government often leads to tensions, complicating governance.
2. Article 239AB:
   1. Allows the President to suspend provisions of Article 239AA or related laws, adding another layer of authority.

About the Election Commission of India (ECI)

Overview

The ECI is an autonomous constitutional authority responsible for administering elections in India, excluding Panchayati Raj and Municipal elections.

Constitutional Provisions

1. Part XV (Articles 324-329) outlines the framework for elections.
   1. Article 324: Superintendence and control of elections.
   2. Article 325: No discrimination in electoral rolls.
   3. Article 326: Adult suffrage for House of the People and State Assemblies.
   4. Article 327: Parliament's power to legislate for elections.
   5. Article 328: State legislature's power to legislate for its elections.
   6. Article 329: Courts cannot interfere in electoral matters.

Appointment and Tenure

1. The Chief Election Commissioner (CEC) and Election Commissioners are appointed by the President under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
2. They serve a fixed term of six years or until the age of 65, whichever comes first, with salaries equivalent to that of Supreme Court judges.

Conclusion

The call for early elections in Delhi highlights the interplay between state governance, electoral laws, and the authority of the Election Commission. As discussions unfold, understanding the constitutional provisions and the dynamics between the elected government and the Lieutenant Governor will be crucial for navigating the political landscape in Delhi.

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