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Mains Paper 2: Polity | Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies
From UPSC perspective, the following things are important:
Prelims level: Particulars of the Law commission
Mains level: Recommendations given by the Law Commission
News
Recommendation of the Law Commission
- It recommends that in 2019, the election could be held in phases
- In the first phase, it says, elections to the legislatures which are scheduled to go for polls synchronous with the Lok Sabha in 2019 could be held together
- The rest of the States could go to elections in proximity with the Lok Sabha elections of 2024
Relaxation: anti-defection law - It even suggests the relaxation of the “rigours” of the anti-defection law in the Tenth Schedule to prevent a stalemate in the Lok Sabha or Assemblies in case of a hung Parliament or Assembly
- The panel says that in case of mid-term elections, the new Lok Sabha or Assembly would only serve the remainder of the term of the previous Lok Sabha/Assembly and not a fresh term of five years
Go for constitutional amendments - The commission says the Centre should get the Constitutional amendments, if agreed upon, to be ratified by all the States so as to avoid any challenge to them
- It also says that the Prime Minister/Chief Minister should be “elected” to lead by the full House like the Lok Sabha Speaker
Major raodblock to simultaneous elections
- Citing no-confidence motion and premature dissolution of House as major roadblocks to simultaneous elections, the commission says the parties which introduce the no-confidence motion should simultaneously give a suggestion for an alternative government
Back2basics
Law Commission of India
- Law Commission of India is an executive body established by an order of the Government of India
- Its major function is to work for legal reform
- Its membership primarily comprises legal experts, who are entrusted a mandate by the Government
- The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice
- Justice Balbir Singh Chauhan, a former judge of the Supreme Court was appointed Chairman of the 21st Law Commission on 10 March
- This post was lying vacant since September 2015. 66-year old Justice Chauhan is currently heading the Cauvery River Water Disputes Tribunal
- One of the key issues pending before the Law Commission is a call on amending the Indian Penal Code (IPC) amid allegations of abuse and arbitrary use of the law
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