Understanding the Laws Governing Early Elections to the Delhi Assembly

What’s in today’s article?

• Why in News?
• Responsibility of deciding the schedule of Delhi Assembly elections
• Role of Chief minister in deciding the schedule
• The current state of preparedness for elections in Delhi

Why in News?

Delhi CM, Arvind Kejriwal, is expected to submit his resignation as Chief Minister during a meeting with Delhi Lieutenant Governor Vinai Kumar Saxena. He has requested that Delhi Assembly elections be held alongside Maharashtra’s, despite the Delhi Assembly’s term not expiring until February 23, 2025. 

Responsibility of deciding the schedule of Delhi Assembly elections

• Article 324 of the Indian Constitution
• Under Article 324 of the Constitution, the Election Commission of India (ECI) is granted the authority to oversee and manage elections. 
• The ECI ensures that the election process is completed before the five-year term of the Assembly ends.
• The Representation of the People Act, 1951
• According to Section 15(2) of the Representation of the People Act, 1951, elections cannot be announced less than six months before the Assembly's term ends, unless the Assembly is dissolved earlier.
• Things the ECI looks at before deciding the election schedule
• The new Assembly (or Lok Sabha) must be constituted before the end of the current Assembly’s term, meaning the election process, including all formalities, must be completed beforehand. 
• The ECI works backward from the end date, considering factors like weather, security availability, festivals, training of officers, and procurement of EVMs. 
• Before finalizing the election schedule, the ECI consults local administration and police and attempts to align voting in states where elections are due around the same time.

Role of Chief minister in deciding the schedule

• Article 174(2)(b) of the Constitution
  • Article 174(2)(b) of the Constitution allows the Governor to dissolve the Legislative Assembly, and the Council of Ministers can recommend early dissolution. 
  • Once dissolved, the Election Commission must conduct elections within six months. 
  • In 2018, Telangana's Assembly was dissolved early on the Cabinet's recommendation, and elections were held before the term ended.
• Delhi is not a full state
• Delhi is governed by the Government of National Capital Territory of Delhi Act, 1991, under which the Lieutenant Governor (LG) can dissolve the Assembly, but the final decision lies with the Centre. 
  • Section 6(2)(b) of the Act says the Lieutenant Governor may from time to time dissolve the Assembly, even if a Chief Minister of Delhi recommends the dissolution of the Assembly, the final say is the Centre’s (through the LG).
• Despite the current Delhi CM’s intention to resign and call for early elections, he has not recommended dissolving the Assembly. 
  • His successor might be decided after a meeting of AAP MLAs.

The current state of preparedness for elections in Delhi

• The ECI is currently focused on conducting elections for the Jammu and Kashmir Assembly, with voting in three phases from September 18 to October 1. 
• Following this, elections in Haryana will be held on October 5, and counting for both Haryana and J&K will take place on October 8.
• The next Assembly elections will be in Maharashtra and Jharkhand, whose terms end in November 2024 and January 2025, respectively. 
• A special summary revision of the electoral rolls is conducted a few months before elections. 
• The electoral rolls for J&K, Haryana, Maharashtra, and Jharkhand were published in August, while Delhi’s updated rolls will be published on January 6, 2025, as part of the annual revision.
  • Hence it can be said that Delhi is not preoccupying the ECI currently.

Q.1. Who decides the schedule of early elections in Delhi?
The Election Commission of India (ECI) has the authority to oversee and schedule elections under Article 324 of the Constitution. The ECI ensures elections are held before the Assembly’s five-year term ends, considering factors like weather, security, and administration.

Q.2. Can the Delhi Chief Minister dissolve the Assembly?
In Delhi, the Chief Minister can recommend dissolution, but the final decision rests with the Centre, through the Lieutenant Governor, as per the Government of National Capital Territory of Delhi Act, 1991.