Vol. XXXVII, No. 2 ISSN-0970-8693 FEBRUARY 2017 Rs. 20 Editorial : Simultaneous Parliament and State Assembly Elections Simultaneous Parliament and State Not Possible and Against Federalism Assembly Elections - Rajindar Sachar (1) Rajindar Sachar ARTICLES, REPORTS & DOCUMENTS: Prime Minister Modi has for last 6 months kept a continuous refrain for Is the human rights protection regime in India crumbling? - Pushkar Raj (2); Analysis: holding simultaneously Lok Sabha and State Assembly polls and the Sachar Report Gathers Dust, Abolishing supposed advantages that would flow from it. As was to be expected Personal Laws can't Change Dark Realities - number of newspapers and persons are picking up this matter. It is Humra Quraishi (11); Resolution: (Adopted in unfortunate that Election Commission of India and Nite Aayog should the seminar on 'Justice Sachar Committee Report: A Review After 10 Years') (13); PUCL have gone along with this suggestion without even the minimum TN & Pud. State Report read out in the PUCL constitutional requirement of a public debate and Seminars – and more National Convention at Raipur: Appraisal unforgivably without discussions of the matter with other major political Report on the activities carried out during parties and the State governments. In order to have a worthwhile debate, 2014-16 (17). it is necessary to know the legal and factual situation at present. The present life of Lok Sabha expires in May 2019. Modis repeated PRESS STATEMENTS, LETTERS, AND NEWS: emphasis on simultaneous poll is actuated by the realization that the Press Release: NHRC finds 16 women prima mood of exhilaration that he was able to create in 2014 Parliamentary poll facie victims of rape, sexual and physical assault by police personnel in Chhattisgarh is diminishing very fast. The background situation from 2004 – 2014 of (3); Press Statement: PUCL Condemns arrest UPA regime had exposed so much scandals both financial and of FFT Members by Telangana Police and administrative that people were sick of goody but not visible prime unlawfully handing over to Chhattisgarh Police (5); Press Statement by Chhattisgarh Minister Manmohan Singh because of the domination of Indira Gandhi PUCL(6); TN & Pud. PUCL: Press Releases: family. The exposure by the Supreme Court of telecom and Coal (1) PUCL condemning the Arrest of Advocate scandals had made BJP task easier. By itself BJP under leadership of Murugan by TN Police (6); (2) PUCL demands other than Modi (helped fully by RSS) may not have done that well. But Immediate Action against Police (7); PUDR: Open Letter to CJI: Seeking immediate Modi had created an illusion of strong and honest government in Gujarat intervention into the arrest of activists of the that people were willing to ignore or even forget one of the worst period Telangana Democratic (8); PUDR condemn under Modi, namely the state supported mass slaughter of Muslims in the continuing harassment of rights defenders by Chhattisgarh police (13); PUCL 2001. Such was the communal passion aroused by RSS that country TN & Pud.: State Convention on 3-4 which was already disgusted with the corruption and inefficiency of UPA September 2016 (15). government and also heightened by the split amongst the various political parties that Modi romped home with overwhelming majority of Annual Subscription: PUCL Bulletin (w.e.f. January 01, 2017) INDIA seat in Lok Sabha but with just 31% of votes – of course greatly helped PUCL Members Rs. 200 and boosted by corporate funding. Non-Members Rs. 240 That illusion has now been exposed. Even ardent supporters of Modi now Libraries, Institutions Rs. 300 do not place hundred percent bet on Modi winning Lok Sabha polls in OVERSEAS PUCL Members US$50 2019 - that is why the effort of Modi to work out a strategy so as to keep his Non-Members US$100 rivals also caught up with State Assembly polls so as not to put combined Libraries, Institutions US$120 pressure on him in Lok Sabha Polls. But this strategy of Modi is not constitutionally possible. After emergency, Constitution (44th Amendment) has provided in Article 83 and Article 172, of the Constitution that Lok Sabha and State Legislatures of the State shall continue for five years from the date appointed for its first meeting and no longer. Thus the factual situation at present will show that it is constitutionally not possible to hold simultaneous polls in May 2019. 417 PUCL BULLETIN, FEBRUARY 2017 1 This is because it would require to willing why is he trying cover his parliament. Both legislatures derive extend the term of Sates government failure by conjuring up powers from the same Constitution. Chhattisgarh, Madhya Pradesh these illusory undemocratic Within its appointed sphere, the and Rajasthan (by 5 months), solutions. State Legislature has plenary Mizoram (by 6 months) and But a greater principle of powers”. Karnataka (by 12 months) which is d e m o c r a c y i s i n v o l v e d i n Modi wants to deny this strategic not constitutionally possible. Of simultaneous polls of parliament advantage of States and weaken course the terms of Haryana and and state assemblies unless by decentralization which is the core of Maharashtra (by 5 months), fortuitous circumstances the five our constitutional jurisprudence. Jharkhand (by 7 month) excepting year period of parliament and State Examples of other countries like NCT f Delhi (by 8 months) could be Assemblies happen to coincide on U.S.A. and Europe would also curtailed as these states are BJP its own. This contrived situation show that it is constitutionally government, but Delhi would not trying to be brought up by Modi has recognized that the priorities and agree. very dangerous implication and interests of State in day to day Punjab, U.P. must go to polls in the against the basic structure of our governance are emphasized next 2 months - obviously no one constitution which is impermissible. differently. Thus in U.S.A a rather can expect Tamil Nadu, Bihar, J & According to Supreme Court of extreme position prevails that law K, West Bengal and Kerala all India Article 1(1) India is a Union of and Medical degrees of one state opposition parties to agree whose States which means a federation of are not even recognized in the rest terms are upto 2021. Assam can States. of States. As far elections they have go to polls in 2019 though due in Our constitution specifically different laws in each state. They 2021 as they are BJP - will Modi provides exclusive list – I have separate laws for poll for agree to curtail its term where BJP e m p o w e r i n g t h e C e n t r a l Presidents election and separate has for the first time come to power. government which alone can for Senate and House of Non BJP states like Tamil Nadu, legislate on certain subjects in list-I representatives and also separate West Bengal whose terms expirers in Seventh Schedule. The States for various states. Of course this is by2021 will never agree to curtail alone can legislate List - II - an extreme example borne their period terms. The Central Parliament cannot. Both Centre possibly of history of USA which government whose terms would and State can legislate in List - III. had Civil War. expire by 2019 cannot continue State List - II includes very We wisely did not go so far. Also the thereafter without holding fresh important subjects like Agriculture, distinction between the priorities of elections due in May 2019. law and order ......on which only Centre and the states are different. If however Modi is so keen on state can legislate and Centre has The sooner Modi relinquishes this holding simultaneous polls even no jurisdiction. Obviously voters idea of simultaneous poll it is better. with some States he can hold it have different aspects, priorities This gives unfair advantage to along by dissolving Parliament in when voting for State Assemblies national parties as against state 2017 and then hold simultaneous or Parliament. In Delhi laws Act the parties and distorts the sentiment of polls by dissolving also at same Supreme Court of India (1951) voters that government be close to time BJP Sate Assemblies whose specifically held; “The State the people of area concerned. terms are not yet over as legislature under our Constitution is Dated: 29/12/2016 q mentioned above. If Modi is not not a delegate of the union Is the human rights protection regime in India crumbling? Pushkar Raj The recent summoning of Geneva world conference on promotion of human rights was to Chhattisgarh officials by the human rights in 1993. be carried out in the country under N a t i o n a l H u m a n R i g h t s Consequently, the Protection of the leadership of NHRC, headed by Commissions (NHRC) for abuse of Human Rights Act (PHRA) was a retired chief justice of the power is significant as it underlines passed by the parliament in 1993 Supreme Court. This, however, has expectations from the human rights for “better protection of human not been realized as is evident from protection institutions in the country rights” in the country. As a result, a the Supreme Court's observation in to deliver on their mandate on national level commission was set Extra Judicial Execution Victim which they have been lacking up at the center with the provision Families Association versus Union lately. f o r S t a t e H u m a n R i g h t s of India case in July this year when Like in many other countries, the Commissions (SHRC) in the states.