Comments on: FIXED TENURE FOR LOKSABHA AND STATE ASSEMBLIES http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies Thu, 17 May 2012 06:42:11 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Rajendra Bharatiya http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2353 Rajendra Bharatiya Wed, 02 Jun 2010 09:45:03 +0000 http://blog.lkadvani.in/?p=562#comment-2353 And what about the Reciprocal treatment? Since the Union of India cannot secure an Indian's fundamental right to equality beyond its territory, it is mandatory that it extends the same courtesy to a foreigner who has become a citizen, that is being extended to an Indian in his/her original country. An Indian cannot contest even in a Municipal election in Italy! This fact was published in a letter to Editor in the daily 'The Pioneer' just prior to Loksabha election of 2004, written by one Mr BC Dutta. And what about the Reciprocal treatment? Since the Union of India cannot secure an Indian’s fundamental right to equality beyond its territory, it is mandatory that it extends the same courtesy to a foreigner who has become a citizen, that is being extended to an Indian in his/her original country. An Indian cannot contest even in a Municipal election in Italy! This fact was published in a letter to Editor in the daily ‘The Pioneer’ just prior to Loksabha election of 2004, written by one Mr BC Dutta.

]]> By: Rajendra Bharatiya http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2351 Rajendra Bharatiya Wed, 02 Jun 2010 09:19:32 +0000 http://blog.lkadvani.in/?p=562#comment-2351 Though it does not pertain to the subject matter, I write this because others have broached other topics too. This pertains to a totally wrong description tagged on the Congress President namely 'a person of foreign origin'. She is a foreigner, born and brought up in Italy, and currently a citizen of India, who finds no mention in Part II of the Constitution, which bears the heading 'Citizenship'. Also, nowhere in the Constitution, I repeat nowhere, the word Indian, which denotes our identity and nationality appears. It is missing even from the title and preamble. And what our jurists of eminence have taken it to mean? That Indians have no nationality! They just have a citizenship that too will be gone if they voluntarily acquire citizenship of a foreign state. (Art9 of the Constitution) And the EC takes it and Art58(1)(a) to mean that only Indians can be debarred.Surely this is absurd. The term 'citizen of India', wherever appearing has the meaning given in Part II and none other. Just because the word ‘Indian’ is missing from the Constitution does not mean that Indians do not exist. And for the same reason a disabling piece of Legislation cannot be treated as an all enabling piece of Legislation. Art58(1)(a) reads “No person shall be eligible for election as President unless, he is a citizen of India.” The language indicates it was inserted to prevent a certain category of persons from becoming President and by corollary, MP, MLA etc. And who pray tell me will not be a citizen of India in India? Can it be taken to mean anyone other than the outsiders, the foreigners? Though it does not pertain to the subject matter, I write this because others have broached other topics too. This pertains to a totally wrong description tagged on the Congress President namely ‘a person of foreign origin’. She is a foreigner, born and brought up in Italy, and currently a citizen of India, who finds no mention in Part II of the Constitution, which bears the heading ‘Citizenship’. Also, nowhere in the Constitution, I repeat nowhere, the word Indian, which denotes our identity and nationality appears. It is missing even from the title and preamble. And what our jurists of eminence have taken it to mean? That Indians have no nationality! They just have a citizenship that too will be gone if they voluntarily acquire citizenship of a foreign state. (Art9 of the Constitution) And the EC takes it and Art58(1)(a) to mean that only Indians can be debarred.Surely this is absurd. The term ‘citizen of India’, wherever appearing has the meaning given in Part II and none other.

Just because the word ‘Indian’ is missing from the Constitution does not mean that Indians do not exist. And for the same reason a disabling piece of Legislation cannot be treated as an all enabling piece of Legislation. Art58(1)(a) reads “No person shall be eligible for election as President unless, he is a citizen of India.” The language indicates it was inserted to prevent a certain category of persons from becoming President and by corollary, MP, MLA etc. And who pray tell me will not be a citizen of India in India? Can it be taken to mean anyone other than the outsiders, the foreigners?

]]> By: Abhilash M.R http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2349 Abhilash M.R Tue, 01 Jun 2010 19:52:03 +0000 http://blog.lkadvani.in/?p=562#comment-2349 Advaniji's opinion is liable to answer one question.What will happen when no party gets majority and when there is no emergence of coalition government which carry majority suppport?In such scenario, the measure suggested by Shri Advani might lead to "legally imposed government" and government without legitimacy. Advaniji’s opinion is liable to answer one question.What will happen when no party gets majority and when there is no emergence of coalition government which carry majority suppport?In such scenario, the measure suggested by Shri Advani might lead to “legally imposed government” and government without legitimacy.

]]> By: saibal roy http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2327 saibal roy Sat, 29 May 2010 17:55:33 +0000 http://blog.lkadvani.in/?p=562#comment-2327 Advaniji's suggestion of fixed tenure of legislstures may also be seen with his earlier assertion of electing Parliament by way of proportional representation. An article was written by Advaniji in the Statesman during early part of eighties in this matter. Is it possible to republish that? Advaniji’s suggestion of fixed tenure of legislstures may also be seen with his earlier assertion of electing Parliament by way of proportional representation. An article was written by Advaniji in the Statesman during early part of eighties in this matter. Is it possible to republish that?

]]> By: Jay Jani http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2321 Jay Jani Sat, 29 May 2010 06:57:48 +0000 http://blog.lkadvani.in/?p=562#comment-2321 Completely agree with you sir. A definite date for elections is a must requirement and this would save our nation from unnecessary re-elections and delays by the ruling government. Completely agree with you sir. A definite date for elections is a must requirement and this would save our nation from unnecessary re-elections and delays by the ruling government.

]]> By: HIMANSHU http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2319 HIMANSHU Sat, 29 May 2010 03:27:35 +0000 http://blog.lkadvani.in/?p=562#comment-2319 Dear Mr Advani, Firstly, Indian polity is not bipolar but owing to diversity and illiteracy, it takes people very long to recognize this. Though it does not matter much but what happens is that people like Lalu get away even after electing his incompetent wife as a Chief Minister. Almost in the similar way, barring the incompetence factor, Sonia Gandhi has chosen Manmohan Singh. To make anything happen in India, people should have one pan-Indian alternative to congress. If that doesn’t happen, India will get into the same fractured satrap system as was there in the past. In India’s ancient to medieval history the regional factors have always emerged strong and the modern India cannot escape that. The only thing which can save the country from repeating this is one neutral movement but the chances are dim. Had your party been centrist, pan-Indian, it would have helped but it is not which is unfortunate for India and of course for its good people. Dear Mr Advani,

Firstly, Indian polity is not bipolar but owing to diversity and illiteracy, it takes people very long to recognize this. Though it does not matter much but what happens is that people like Lalu get away even after electing his incompetent wife as a Chief Minister. Almost in the similar way, barring the incompetence factor, Sonia Gandhi has chosen Manmohan Singh.

To make anything happen in India, people should have one pan-Indian alternative to congress. If that doesn’t happen, India will get into the same fractured satrap system as was there in the past. In India’s ancient to medieval history the regional factors have always emerged strong and the modern India cannot escape that. The only thing which can save the country from repeating this is one neutral movement but the chances are dim. Had your party been centrist, pan-Indian, it would have helped but it is not which is unfortunate for India and of course for its good people.

]]> By: Praveen Shankar Kapoor http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2318 Praveen Shankar Kapoor Sat, 29 May 2010 03:26:35 +0000 http://blog.lkadvani.in/?p=562#comment-2318 Advani ji's suggestion has multiple benefits. On one hand it would bring down State Expenses incurred on poll arrangements repeatedly & on the other it would also help Political Parties cut down on campaign costs that they have to do repeatedly on Advertisement Campaigns, Travel Expenses etc. This is not a minor issue as the Bills run over to Thousands of Crores and a saving could be easily around 1000 crores. Secondly, often we have a M.P. of one party M.L.A. or councilor of another and Public Suffers due to their POLITICAL DIFFERENCES as DEVELOPMENT WORK GETS STALLED. Advani ji's suggestion would take care of this too, simultaneous polls may pop up same party members reducing peoples problems. BEST IS EVERY FIFTH YEAR MONTH OF JANUARY CAN BE FIXED POLL TIME. First 7 days for nominations, 20 days for campaign followed by elections & results on 31 January. Weather is even good all over the country that time. Praveen Shankar Kapoor Delhi Advani ji’s suggestion has multiple benefits.

On one hand it would bring down State Expenses incurred on poll arrangements repeatedly & on the other it would also help Political Parties cut down on campaign costs that they have to do repeatedly on Advertisement Campaigns, Travel Expenses etc. This is not a minor issue as the Bills run over to Thousands of Crores and a saving could be easily around 1000 crores.

Secondly, often we have a M.P. of one party M.L.A. or councilor of another and Public Suffers due to their POLITICAL DIFFERENCES as DEVELOPMENT WORK GETS STALLED.

Advani ji’s suggestion would take care of this too, simultaneous polls may pop up same party members reducing peoples problems.

BEST IS EVERY FIFTH YEAR MONTH OF JANUARY CAN BE FIXED POLL TIME. First 7 days for nominations, 20 days for campaign followed by elections & results on 31 January. Weather is even good all over the country that time.

Praveen Shankar Kapoor
Delhi

]]> By: Praveen Shankar Kapoor http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2317 Praveen Shankar Kapoor Sat, 29 May 2010 03:10:32 +0000 http://blog.lkadvani.in/?p=562#comment-2317 The suggestion of Respected Advani ji on fixed tenure of Legislatures & simultaneous polls to Parliament, State Assemblies is laudable. Infact I suggest that Panchayat or local Municipality election to be held along with. The Anti Defection Law should be amended in a way that does not allow quitting of party by the elected member without resigning within the fixed term of the legislature. This would surely help improve the polity of India. The legislatures be given a fixed 4 to 5 years term and in case government falls or setting up is not possible due to fractured mandate, the Presidents rule be a alternate. This would help curb horse trading. It has other benefits too which I discuss next. Praveen Shankar Kapoor The suggestion of Respected Advani ji on fixed tenure of Legislatures & simultaneous polls to Parliament, State Assemblies is laudable. Infact I suggest that Panchayat or local Municipality election to be held along with.

The Anti Defection Law should be amended in a way that does not allow quitting of party by the elected member without resigning within the fixed term of the legislature. This would surely help improve the polity of India.

The legislatures be given a fixed 4 to 5 years term and in case government falls or setting up is not possible due to fractured mandate, the Presidents rule be a alternate. This would help curb horse trading. It has other benefits too which I discuss next.

Praveen Shankar Kapoor

]]> By: samir agrawal http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2314 samir agrawal Fri, 28 May 2010 18:45:09 +0000 http://blog.lkadvani.in/?p=562#comment-2314 @jaykumar Fixed term for parliament doesn't mean that Parliament can't throw out a goverment. A goverment can still be thrown out with a no-confidence motion/ cut motion..only thing will be that an election can't be preponed as per the wishes of the ruling party. If you have read this blog carefully, you would have understood this. Regarding the German delaegation issue, it expressed regret and clearly distanced itself from the marks but media only highlighted the German delegation's criticism and avoided showing regrets as it suited their political masters..slowly but surely, people are becoming intellignet and they can see the facts for themselves through different avenues despite attempts made by some vested interests/ media groups.. @jaykumar

Fixed term for parliament doesn’t mean that Parliament can’t throw out a goverment. A goverment can still be thrown out with a no-confidence motion/ cut motion..only thing will be that an election can’t be preponed as per the wishes of the ruling party. If you have read this blog carefully, you would have understood this. Regarding the German delaegation issue, it expressed regret and clearly distanced itself from the marks but media only highlighted the German delegation’s criticism and avoided showing regrets as it suited their political masters..slowly but surely, people are becoming intellignet and they can see the facts for themselves through different avenues despite attempts made by some vested interests/ media groups..

]]> By: srinath http://blog.lkadvani.in/blog-in-english/fixed-tenure-for-loksabha-and-state-assemblies/comment-page-1#comment-2312 srinath Fri, 28 May 2010 15:31:01 +0000 http://blog.lkadvani.in/?p=562#comment-2312 Namaskar Advaniji, Lok sabha elections should be conducted according to the voting percentage just like if x party is more than 50% share, they should rule 3 consecutive years and if y party gets more than 40% they should rule 2 consecutive years i.e if y party should cross 40 % compulsorily. If y party doesn't get 40% share then the elections should be conducted for 4 years only. I hope this formulae will be accepted by the election comission as it is an advantage for them. This will make 90% of the people satisfy with both the governments. CH Vidyasagar rao was the member of 12th and 13th Lok sabha in Atal bihari vajpayee sir's term. The Telangana people are so wise when they come to the poltics they Watch the dedication of candidate towards Schemes. Vajpayee introduced so many schemes he interlinked those schemes with the state and the central. For me people like vidyasagar rao should be there in Rajya sabha. Namaskar Advaniji,

Lok sabha elections should be conducted according to the voting percentage just like if x party is more than 50% share, they should rule 3 consecutive years and if y party gets more than 40% they should rule 2 consecutive years i.e if y party should cross 40 % compulsorily. If y party doesn’t get 40% share then the elections should be conducted for 4 years only. I hope this formulae will be accepted by the election comission as it is an advantage for them. This will make 90% of the people satisfy with both the governments.

CH Vidyasagar rao was the member of 12th and 13th Lok sabha in Atal bihari vajpayee sir’s term. The Telangana people are so wise when they come to the poltics they Watch the dedication of candidate towards Schemes. Vajpayee introduced so many schemes he interlinked those schemes with the state and the central. For me people like vidyasagar rao should be there in Rajya sabha.

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