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Report No. 170

Part IX

Summary of Recommendations

The following is the summary of the recommendations made in the preceding parts/chapters of the Report:

A: Constitution of India:

9.1. With a view to giving effect to our recommendations pertaining to the list system, as suggested in Chapter II of Part III, it is necessary to amend articles 81 and 170 of the Constitution. The proposed amendments are to the following effect:

"Amendment of article 81:

In article 81 of the Constitution, for clause (1) the following clause shall be substituted:

"(1) The House of the People shall consist of:

(a) not more than 530 members to be chosen by direct election from the territorial constituencies in the States;

(b) not more than 20 members to represent the Union territories chosen in such manner as Parliament may by law provide; and

(c) not more than 138 members chosen according to the list system in such manner as Parliament may by law provide.

Provided that the provisions of article 330 shall not apply to the election of the members to be chosen under this clause."

Further Amendment of Article 81: In the proviso to clause (3) of article 81, the figure "2025" will be substituted for the figure "2000".

Amendment of Article 170

(a) In article 170 of the Constitution, for clause (1), the following clause shall be substituted:

"(1) The Legislative Assembly of each State shall consist of not more than six hundred, and not less than sixty members chosen both by direct election from territorial constitutencies as well as according to the list system in the State."

(b) After clause (1) in article 170, the following clause shall be inserted:

"(1A) The strength of each Legislative Assembly as at present fixed by the Second Schedule to the Representation of the People Act, 1950, shall be filled by persons chosen by direct election from the Assembly territorial constituencies. In addition thereto, twenty-five per cent of the total membership of the said strength of each Legislative Assembly shall be chosen according to the list system. The membership of each Legislative Assembly shall accordingly stand enchanced by twenty-five per cent of the existing strength."

(c) After clause (3) in article 170, the following clause shall be inserted :

"(4) The twenty-five per cent seats added to the membership of each Legislative Assembly by clause (1A) of this article shall be chosen in such manner as Parliament may be law provide :

Provided that the provisions of article 330 shall not apply to the seats so added by clause (1A)."

9.2. With a view to giving effect to our recommendations pertaining to amendments of the Tench Schedule (law relating to defections), contained in Chapter IV of Part III, it is necessary to amend the Tenth Schedule to the Constitution as follows :

Amendment of the Tenth Schedule to the ConstitutionIn the Tenth Schedule to the Constitution :

(a) In paragraph 1, the definition of "Legislature Party" shall be omitted.

(b) A new definition of "political party" shall be inserted in paragraph 1 as follows in place of existing definition in clause (c) :

"(c) "political party" in relation to a member of a House, means the political party on whose ticket that member was elected and where such political party is a part of a front or a coalition formed before a general election for contesting such election, such front or coalition,

Provided that the Election Commission is informed in writing by all the constituent parties in the front/coalition before the commencement of the poll that such a front/coalition has been formed."

(c) In paragraph 2, sub-para (4) shall be omitted.

(d) Paragraphs 3 and 4 shall be omitted.

(e) Paragraphs 6, 7 and 8 shall be omitted.

(Paragraph 3.4.7. and Annexure-I to the working paper).

9.3. For the same purpose and to give effect to the said recommendations, article 102 and 191 may also be amended as follows :

Amendment of article 102:In clause (1) of article 102, after sub-clause (e), the following sub-clause (f), shall be inserted before the Explanatio.-

"(f) if he is disqualified for being a member of either House of Parliament under the Tenth Schedule."

(b) Clause (2) of article 102 shall be deleted.

(a) Amendment of article 191: In article 191 (1), sub-clause (f) as follows shall be added after subclause (e) but before the Explanation:-

"if he is disqualified for being a member of Legislative Assembly or Legislative Council of a State under the Tenth Schedule."

(b) Clause (2) of article 191 shall be deleted.

9.4. In view of the negligible number of Anglo-Indians now left in India, it is recommended that article 331, which provides for nomination of two members of the Anglo-Indian community by the President of India to the Lok Sabha, be deleted.

(Paragraph 1.3.3.2. and Annexure-I to the working paper).



Reform of The Electoral Laws Back




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