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The Election Commission has announced the schedule for the election of the President of India.  The last date for nominations is June 30, elections will be held on July 19, and counting will take place on July 22.  The BJD and AIADMK have proposed the name of Mr. P.A. Sangma.  The Samajwadi Party and Trinamool Congress have suggested three names.  Other parties or alliances have not announced any contenders.  Our calculations show that no single party or alliance has the numbers to unilaterally elect candidates of its choice. A candidate will need 5,48,507 votes to be elected as the President.  If the UPA were to vote as a consolidated block, its vote tally would reach 4,49,847 (41% of the total votes).  Among the Congress allies, Trinamool holds the largest number of votes (47,898). If Trinamool decides to support some other candidate, the UPA tally will fall to 4,01,949 votes (37% of the total). The votes held by the major alliances are given in the table below:

Coalition Value of votes Percentage of total votes
UPA

4,49,847

41.0%

NDA

3,03,912

27.7%

Left

52,282

4.8%

Bahujan Samaj Party

43,723

4.0%

Samajwadi Party

68,943

6.3%

Biju Janata Dal

30,215

2.8%

AIADMK

36,216

3.3%

Others

1,11,874

10.2%

Total

10,97,012

 
Minimum required to be elected

5,48,507

 

  A detailed break-up of votes held by each party is given in the table below:

Party Value of votes Percentage of total votes
Indian National Congress

3,31,855

30.30%

Bharatiya Janata Party

2,32,454

21.20%

Samajwadi Party

68,943

6.30%

All India Trinamool Congress

47,898

4.40%

Bahujan Samaj Party

43,723

4.00%

Janata Dal (United)

41,574

3.80%

All India Anna Dravida Munnetra Kazhagam (AIADMK)

36,216

3.30%

Communist Party of India (Marxist)

35,734

3.30%

Biju Janata Dal

30,215

2.80%

Nationalist Congress Party

24,058

2.20%

Independent

23,830

2.20%

Dravida Munnetra Kazhagam (DMK)

21,780

2.00%

Telugu Desam Party

21,256

1.90%

Shiv Sena

18,320

1.70%

Shiromani Akali Dal

11,564

1.10%

Communist Party of India

9,758

0.90%

Rashtriya Janata Dal

8,816

0.80%

Others

7,420

0.70%

Janata Dal (Secular)

6,138

0.60%

Jammu and Kashmir National Conference

5,556

0.50%

Rashtriya Lok Dal

5,412

0.50%

Desiya Murpokku Dravida Kazhaga (DMDK)

5,104

0.50%

Jharkhand Mukti Morcha

4,584

0.40%

Muslim League Kerala State Committee

4,456

0.40%

Indian National Lok Dal

4,068

0.40%

All India Forward Bloc

3,961

0.40%

Jharkhand Vikas Morcha

3,352

0.30%

Asom Gana Parishad

3,284

0.30%

Telangana Rashtra Samiti

3,044

0.30%

Revolutionary Socialist Party

2,829

0.30%

Bodoland People's Front

2,808

0.30%

All India United Democratic Front

2,796

0.30%

Praja Rajyam Party

2,664

0.20%

Maharashtra Navnirman Sena

2,275

0.20%

Kerala Congress (M)

2,076

0.20%

All India Majlis-e-Ittehadul Muslimeen

1,744

0.20%

Nagaland People's Front

1,722

0.20%

Sikkim Democratic Front

1,640

0.10%

Peoples Democratic Party

1,512

0.10%

Bahujan Vikas Aaghadi

1,058

0.10%

Lok Janasakti Party

957

0.10%

All Jharkhand Students Union

880

0.10%

Haryana Janhit Congress

820

0.10%

Mizo National Front

732

0.10%

Marumalarchi Dravida Munnetra Kazhagam

708

0.10%

Swabhimani Paksha

708

0.10%

Viduthalai Chiruthaigal Katchi

708

0.10%

YSR Congress Party

708

0.10%

Peasants and Workers Party

700

0.10%

Pattali Makkal Katchi

528

0.00%

Manithaneya Makkal Katch

352

0.00%

Puthiya Tamilaga

352

0.00%

All India NR Congress

240

0.00%

J&K National Panthers Party

216

0.00%

Communist Party of India (Marxist-Leninist)

176

0.00%

United Democratic Party

153

0.00%

Lok Satta Party

148

0.00%

Loktantrik Samajwadi Party

129

0.00%

J&K Democratic Party Nationalist

72

0.00%

People's Democratic Front

72

0.00%

Uttarakhand Kranti Dal

64

0.00%

Maharashtrawadi Gomantak Party

60

0.00%

People's Party of Arunachal

32

0.00%

Total

10,97,012

 

Notes: The electoral  college for the Presidential election consists of the elected members of Lok Sabha, Rajya Sabha and all Legislative Assemblies. The winning candidate must secure at least 50% of the total value of votes polled.  Each MP/ MLA’s vote has a pre-determined value based on the population they represent. For instance, an MP’s vote has a value of 708, an MLA from UP has a vote value of 208 and an MLA from Sikkim has a vote value of 7 (Note that all MPs, irrespective of the constituency or State they represent, have equal vote value). Parties in various coalitions: UPA: Congress, Trinamool, DMK, NCP,Rashtriya Lok Dal, J&K National Conference, Muslim League Kerala State Committee, Kerala Congress (M), All India Majlis-e-Ittehadul Muslimeen, Sikkim Democratic Front, Praja Rajyam Party, Viduthalai Chiruthaigal Katchi NDA: BJP, JD(U), Shiv Sena, Shiromani Akali Dal, Janata Party Left: CPI(M), CPI, Revolutionary Socialist Party, All India Forward Bloc

The Uttarakhand Assembly concluded a two-day session on November 30, 2022.  The session was scheduled to be held over five days.  In this post we look at the legislative business that was carried out in the Assembly, and the state of state legislatures. 

13 Bills were introduced and passed within two days 

As per the Session Agenda, a total of 19 Bills were listed for introduction in the span of two days.  13 of these were listed to be discussed and passed on the second day.  These included the Uttarakhand Protection of Freedom of Religion (Amendment) Bill, 2022, University of Petroleum and Energy Studies (Amendment), Bill, 2022, and the Uttarakhand Anti-Littering and Anti-Spitting (Amendment) Bill, 2022.

The Assembly had proposed to discuss and pass each Bill (barring two) within five minutes (see Figure 1).  Two Bills were allocated 20 minutes each for discussion and passing - the Haridwar Universities Bill, 2022, and the Public Service (Horizontal Reservation for Women) Bill, 2022.  As per news reports, the Assembly passed all 13 Bills within these two days (this excludes the Appropriation Bills).  This raises the question on the amount of scrutiny that these Bills were subject to, and the quality of such laws when the legislature intends to pass them within mere minutes.

Figure 1: Excerpt of Uttarakhand Assembly's November 2022 Session Agenda

image

Law making requires deliberation, scrutiny

Our law-making institutions have several tools at their disposal to ensure that before a law is passed, it has been examined thoroughly on various aspects such as constitutionality, clarity, financial and technical capacity of the state to implement provisions, among others.  The Ministry/Department piloting a Bill could share a draft of the Bill for public feedback (pre-legislative scrutiny).  While Bills get introduced, members may raise issues on constitutionality of the proposed law.  Once introduced, Bills could be sent to legislative committees for greater scrutiny.   This allows legislators to deliberate upon individual provisions in depth, understand if there may be constitutional challenges or other issues with any provision.  This also allows experts and affected stakeholders to weigh in on the provisions, highlight issues, and help strengthen the law.  

However, when Bills are introduced and passed within mere minutes, it barely gives legislators the time to go through the provisions and mull over implications, issues, or ways to improve the law for affected parties.  It also raises the question of what the intention of the legislature is when passing laws in a hurry without any discussion.  Often, such poorly thought laws are also challenged in Courts.   

For instance, the Uttarakhand Assembly passed the Uttarakhand Freedom of Religion (Amendment) Bill, 2022 in this session (five minutes had been allocated for the discussion and passing of the Bill).  The 2022 Bill amends the 2018 Act which prohibits forceful religious conversions, and provides that conversion through allurement or marriage will be unlawful.  The Bill has provisions such as requiring an additional notice to be sent to the District Magistrate (DM) for a conversion, and that reconversion to one’s immediate previous religion will not be considered a conversion.  Some of these provisions seem similar to other laws that were passed by states and have been struck down by or have been challenged in Courts.  For example, the Madhya Pradesh High Court while examining the Madhya Pradesh Freedom of Religion Act, 2021 noted that providing a notice to the DM for a conversion of religion violates the right to privacy as the right includes the right to remain silent.  It extends that understanding to the right to decide on one’s faith.  The Himachal Pradesh Freedom of Religion Act, 2006 exempted people who reconvert to their original religion from giving a public notice of such conversion.  The Himachal Pradesh High Court had struck down this provision as discriminatory and violative of the right to equality.  The Court also noted that the right to change one’s belief cannot be taken away for maintaining public order.  

Uttarakhand MLAs may not have had an opportunity to think about how issues flagged by Courts may be addressed in a law that regulates religious conversions. 

Most other state Assemblies also pass Bills without adequate scrutiny

In 2021 44% states passed Bills on the day it was introduced or on the next day.  Between January 2018 and September 2022, the Gujarat Assembly introduced 92 Bills (excluding Appropriation Bills).  91 of these were passed in the same day as their introduction.  In the 2022 Monsoon Session, the Goa Assembly passed 28 Bills in the span of two days.   This is in addition to discussion and voting on budgetary allocation to various government departments.  

Figure 2: Time taken by state legislatures to pass Bills in 2021

Note: The chart above does not include Arunachal Pradesh and Sikkim. A Bill is considered passed within a day if it was passed on the day of introduction or on the next day. For states with bicameral legislatures, bills have to be passed in both Houses. This has been taken into account in the above chart for five states having Legislative Councils, except Bihar (information was not available for Council). 
Sources: Assembly websites, E-Gazette of various states and Right to Information requests; PRS.

Occasionally, the time actually spent deliberating upon a Bill is lesser than the allocated time.   This may be due to disruptions in the House.  The Himachal Pradesh Assembly provides data on the time actually spent discussing Bills.   For example, in the August 2022 Session, it spent an average of 12 minutes to discuss and pass 10 Bills.  However, the Uttarakhand Assembly allocated only five minutes to discuss each Bill in its November 2022 Session.  This indicates the lack of intent of certain state legislatures to improve their functioning.

In the case of Parliament, a significant portion of scrutiny is also carried out by the Department Related Standing Committees, even when Parliament is not in session.  In the 14th Lok Sabha (LS), 60% of the Bills introduced were sent to Committees for detailed examination, and in the 15th LS, 71% were sent.  These figures have reduced recently – in the 16th LS 27% of the Bills were sent to Committees, and so far in the 17th LS, 13% have been sent.  However, across states, sending Bills to Committees for detailed examination is often the exception than the norm.  In 2021, less than 10% of the Bills were sent to Committees.  None of the Bills passed by the Uttarakhand Assembly had been examined by a committee.   States that are an exception here include Kerala which has 14 subject Committees, and Bills are regularly sent to these for examination.  However, these Committees are headed by their respective Ministers, which reduces the scope of independent scrutiny that may be undertaken.