VOTING RIGHTS TO THE CITIZENS OF INDIA LIVING ABROAD
- Section 19 of the Representation of the People Act, 1950 provides that every person who is not less than 18 years of age on the qualifying date and is ordinarily resident in constituency shall be entitled to be registered in the electoral rolls for that constituency.
- A person who has gone out of the country for business or employment should be treated as having moved out of that place.
- Mere ownership or possession of a building or other immovable property will not bestow on the owner, the residential qualification.
- There are a large number of citizens of India residing outside India clue to various reasons. They have been persistently demanding for conferring them voting rights.
- Government introduced on the 27th February, 2006 in Rajya Sabha and introduced a fresh Bill, namely, the Representation of the People (Amendment) Bill, 2010 in August, 2010, to amend the Representation of the People Act, 1950 to provide that every citizen of India, whose name is not included in the electoral roll and who has not acquired the citizenship of any other country and who is absenting from his place of ordinary residence in India owing to his employment, education, or otherwise outside India, (whether temporarily or not), shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located
- Central Government published the Registration of Electors (Amendment) Rules, 2011 on 3rd February, 2011 and Registration of Electors (Second Amendment) Rules 2011 on 23rd February, 2011.
- The overseas Indians can now furnish the documents self-attested by them and get their name enrolled in the electoral roll of their respective constituency.
RESERVATION OF SEATS FOR SCHEDULED CASTES AND SCHEDULED TRIBES
- Reservation of seats for these communities in Lok Sabha and State Legislative Assemblies found place in Articles 330 and 332 of the Constitution.
- Adequate safeguards were provided for them in our Constitution by giving representation to this small section of the society, under Article 331 of the Constitution by way of nomination of two persons of that community in the House of the People by the President.
- Likewise, provision for nomination of one member each by the Governor, wherever necessary, belonging to this community in the State Legislative Assemblies was also incorporated.
- Initially, the aforesaid provisions were made only for a period of ten years from the commencement of the Constitution and have been extended from time to time.
- Recently, though the Constitution Amendment) Bill extended the period for a further period of ten years has been passed by both the Houses of Parliament and received the assent of the President in January, 2010. The said Bill was enacted as the Constitution (95th Amendment) Act, 2009.
THE ANDHRA PRADESH LEGISLATIVE COUNCIL ACT 2005 & THE TAMIL NADU LEGISLATIVE COUNCIL ACT, 2010
- Under Article 169(1) of the Constitution, Parliament may, by law, provide for the creation of a Legislative Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of total membership of the Assembly and by a majority of not less than two thirds of the Members of the Assembly present and voting.
- Legislative Assembly of the State of Andhra Pradesh passed a resolution on 8th July 2004, in terms of Clause (1) of Article 169 of the Constitution for the creation of Legislative Council in the State.
- A Legislative Council in the State of Andhra Pradesh was created with a total strength of 90 Members, 31 of which are being elected by the local authorities, 8 each are being elected by the graduates and teachers constituencies, 31 by the legislative assembly and the remaining 12 are being nominated by the Governor.
- The local authorities being represented in the Legislative Council are Municipal Corporations, Municipalities, Nagar Panchayats, Cantonment Boards, Zila Praja Parishads and Mandal Praja Parishads.
- The Legislative Council of Tamil Nadu was abolished by the Tamil Nadu Legislative Council (Abolition) Act, 1986 from November, 1986.
- Thereafter, The Legislative Assembly of the State of Tamil Nadu passed a resolution in April, 2010 for the creation of Legislative Council in that State.
- Thereafter the Tamil Nadu Legislative Council Act, 2010 has been enacted but yet to come into force.
- The strength of the Legislative Council in the State of Tamil Nadu would be 78 out of which 26 members would be elected by the local authorities, 7 each would be elected by the graduates and teachers constituencies, 26 by the Legislative Assembly and the remaining 12 would be nominated by the Governor.
- The local authorities being represented in the Legislative Council are Municipal Corporations, Municipalities, Panchayat Union Council, Cantonment Board and District Panchayats.
- Recently, the Tamil Nadu Legislative Assembly passed a Resolution for the abolition of the proposed Legislative Council.
CONSTITUTION AMENDMENTS
- In pursuance of the Resolution passed by the Legislative Assembly of Orissa on 28th August, 2008 to change the name of the language specified as ‘Oriya’, in the Eighth Schedule of Consitution as ’Odia’ and translation of the Word ’Odia’ in Hindi language, the Constitution (Ninety-Sixth) Amendment Act, 2011 was enacted.
