Demand for Early Elections to Delhi Assembly | 21 Sep 2024

Source: IE 

Why in News?

Recently, the Delhi Chief Minister has called for early assembly elections in Delhi, aligning this request with elections in Maharashtra, where a new assembly must be elected before 26th November 2024.  

• The current term of the Delhi Assembly is set to conclude on 23th February 2025. 

What are the Rules and Provisions for Holding Elections? 

• Constitutional Framework: 
  • The Election Commission of India (ECI) holds the authority to oversee and conduct elections as per Article 324 of the Constitution.  
    • Article 324 grants the ECI the power of superintendence, direction, and control of the electoral process, ensuring elections are completed before the term of the existing Assembly ends. 
• Representation of the People Act (RPA Act), 1951: 
  • According to section 15(2) of The RPA, 1951, elections cannot be notified less than 6 months before the end of the Assembly's term unless the assembly is dissolved prematurely.  
  • This provision emphasizes the importance of adhering to the established timeline for electoral processes. 
• Dissolution of the Assembly: 
  • Role of the Governor:  
    • Article 174(2)(b) of the Constitution allows the Governor to dissolve the Legislative Assembly "from time to time."  
    • The Chief Minister and the Council of Ministers can recommend the dissolution of the Assembly before its term expires.  
    • Once the Assembly is dissolved, the ECI is mandated to hold elections within six months. 
  • Special Case of Delhi 
    • In Delhi, the Government of National Capital Territory of Delhi Act, 1991 governs the dissolution of the Assembly.  
    • Section 6(2)(b) states that the Lieutenant Governor (LG) may dissolve the Assembly, but the final decision lies with the Centre.  
    • Therefore, even if the Chief Minister recommends dissolution, it is ultimately contingent upon the approval of the LG and the Central Government. 

What is the Governance Model of Delhi? 

• Constitutional Provisions:  
  • The status of Delhi being a Union Territory under Schedule 1 of the Constitution but designated as  the ‘National Capital Territory (NCT)’ under Article 239AA. 
• Article 239 AA:  
  • Article 239 AA was inserted in the Constitution by the Constitution (69th Amendment) Act, 1991 to give Special Status to Delhi following the recommendations of the S Balakrishnan Committee that was set up to look into demands for statehood for Delhi. 
  • Provisions of Article 239 AA: 
    • It says that the NCT of Delhi will have an Administrator and a Legislative Assembly. 
    • Subject to the provisions of the Constitution, the Legislative Assembly “shall have power to make laws for the whole or any part of the NCT with respect to any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories” except on the subject of police, public order, and land. 
    • Further LG has to either act on the aid and advice of the Council of Ministers, or he is bound to implement the decision taken by the President on a reference being made by him. 
    • It  also empowers the LG to refer a difference of opinion on ‘any matter’ with the Council of Ministers to the President. 
      • Thus, this dual control between LG and the elected government leads to a power tussle. 
  • Article 239AB (also added by Constitution (69th Amendment) Act, 1991) provides that the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article.  

What is the Election Commission of India? 

• About: 
  • The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India. 
  • It is not concerned with the elections to Panchayats and Municipalities in the states for which there is a separate State Election Commission. 
• Constitutional Provisions: 
  • Part XV (Article 324-329): It deals with elections and establishes a commission for these matters. 
  • Article 324: Superintendence, direction and control of elections to be vested in an Election Commission. 
  • Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on grounds of religion, race, caste or sex. 
  • Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be based on adult suffrage. 
  • Article 327: Power of Parliament to make provision with respect to elections to Legislatures. 
  • Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature. 
  • Article 329: Bar to interference by courts in electoral matters. 
• Appointment & Tenure of Commissioners: 
  • The President appoints CEC and Election Commissioners as per the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023. 
  • They have a fixed tenure of 6 years, or up to the age of 65 years, whichever is earlier. 
  • The salary and conditions of service of the CEC and ECs will be equivalent to that of the Supreme Court Judge.