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​In keeping with Modi’s poll promise, govt to repeal 36 archaic laws

NEW DELHI: The law commission has submitted its fourth report to the government on Tuesday that recommends among others repeal of a special article introduced in the Constitution by late Indira Gandhi during Emergency in 1977. This act nullifies general procedure followed for disputing elections of an elected representative who becomes prime minister.Almost 37 years after the Emergency, the Narendra Modi government is all set to repeal the Disputed Elections (PM & Speaker) Act of 1977 which was brought in by late Indira Gandhi when Emergency proclamation was still in place.The special provision, inserted in the Constitution through Article 329A, was brought in to nullify the general procedure for disputing an election by presenting an election petition to the high court. This act provides that any other law will not apply where the elected representative goes on to become the Prime Minister or Speaker of the Lok Sabha.In such cases, this act would apply, and election petitions questioning their elections would be heard by a single judge of the Supreme Court, set up as a separate authority under this act. The decisions of the authority were final. Article 329A allowed this distinction to be made. Both the amendment and this law were created during the time the Emergency proclamation was still in place.Indira had brought in this law after her election from Rae Bareli as an MP in the 1971 Lok Sabha was set aside by the Allahabad high court. Raj Narain who had fought against Gandhi had challenged her election win accusing her of using “corrupt electoral practices.” On June 12, 1975 the Allahabad HC had upheld the accusations and disqualified Indira and barred her from contesting for next six years. This verdict had led to imposition of Emergency.Subsequently, when the Janata Party government came to power defeating the Congress in the 1977 general elections, this special provision was dropped. “Article 329A was subsequently removed through the 44th Amendment to the Constitution in 1978”.The law commission, which has recommended repeal of 30 obsolete laws in its fourth report, has said that “without Article 329A this law is unconstitutional since the Constitution does not allow a distinction to be made between the election disputes of different types of elected representatives. Hence the constitutionality of this act is suspect and should be repealed.”The law panel has also recommended repeal of the Illegal Migrants (determination by Tribunals) Act 1983. The act instituted procedures to determine whether persons suspected to be illegal immigrants from Bangladesh did, in fact, fall under that category, and expel them from India.It was applicable only to the state of Assam (detection of foreigners in other states is done under The Foreigners Act, 1946). The act established tribunals for determining whether a person is an illegal migrant. The court, in Sarbananda Sonowal v. Union of India (2005) struck down the act and declared that the Foreigners Act and other related acts would operate in Assam instead. Since the act has been struck down by the Supreme Court and is not in use, it should be repealed, the law panel has recommended.The Chandigarh Disturbed Areas Act, 1983 has also been recommended for repeal. The act provided to make better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed areas in Chandigarh. In 2012, the Punjab and Haryana High Court in Surinder Bhardwaj v. Union Territory of Chandigarh and Anr. (2013) removed the ‘disturbed area’ tag off the city of Chandigarh and it ceased implementation of the notification issued in 1983 during the days of terrorism in Punjab. “The Act does not serve any purpose now and hence, it should be repealed,” the law panel has said in its report.